April 2020 New York Workers’ Compensation Law Reporter Highlights

Manager proves he was fired due to impending workers’ comp claim

Case name: Markey v. Autosaver Ford, 120 NYWCLR 44 (N.Y. App. Div., 2020)

Summary: Upon review the Appellate Division supported the Board’s ruling that the claimant was fired because he informed his employer that he was filing a workers’ compensation claim to cover the cost of a work-related surgery. The employer was in violation of WCL Section 120, wherein the employer did not have supportive evidence that termination was due to poor performance but because of the claim.

Ground Zero worker establishes claim for prostate cancer

Case name: DCM Erectors Inc., 120 NYWCLR 47 (N.Y. W.C.B., Panel 2020)

Summary: A Board panel held that there was sufficient medical evidence to establish a claim for prostate cancer due to the claimant’s clean-up work at Ground Zero. An occupational medicine specialist considers the results of the claimant’s history, risk factors and results to be sufficient evidence of causation.

New York Workers’ Compensation Law Reporter, April 30, 2020