May 2020 New York Workers’ Compensation Law Reporter Highlights

By |2020-06-09T19:49:41+00:00May 20th, 2020|NY Workers' Compensation Law Reporter|

May 2020 New York Workers' Compensation Law Reporter Highlights Claimant's false statements merit discretionary penalty under WCL § 114-a Case name: Teabout v. Albany, County of/Sheriff's Dept., 120 NYWCLR 54 (N.Y. App. Div., 2020) Summary: The Appellate Division upheld the Board's ruling that the claimant violated WCL Section 114-a  and [...]

March 2020 New York Workers’ Compensation Law Reporter Highlights

By |2020-04-30T16:13:29+00:00March 28th, 2020|NY Workers' Compensation Law Reporter|

March 2020 New York Workers' Compensation Law Reporter Highlights Claimant avoids apportionment despite his symptomatic preexisting condition Case name: Cox v. Suburban Propane LP, 120 NYWCLR 1 (N.Y. App. Div., 2020) Summary: The Appellate Division ruled that a claimant who worked 18 months while taking prescription pain medication does not [...]

February 2020 New York Workers’ Compensation Law Reporter Highlights

By |2020-04-30T15:57:38+00:00February 28th, 2020|NY Workers' Compensation Law Reporter|

February 2020 New York Workers' Compensation Law Reporter Highlights Claimant secures 60% loss of wage-earning capacity for spine injury Case name: Rapaglia v. New York City Transit Authority, 119 NYWCLR 243 (N.Y. App. Div., 2020) Summary: The Appellate division supported the Board's ruling that the claimant sustained a 60% loss of [...]

January 2020 New York Workers’ Compensation Law Reporter Highlights

By |2020-04-30T15:58:32+00:00January 29th, 2020|NY Workers' Compensation Law Reporter|

January 2020 New York Workers' Compensation Law Reporter Highlights Lack of PPD finding renders directive for labor market attachment as premature Case name: Poulard v. Southside Hospital, 119 NYWCLR 207 (N.Y. App. Div., 2019) Summary: The Appellate Division reversed the Full Board's order for the claimant to provide evidence of labor [...]

December 2019 New York Workers’ Compensation Law Reporter Highlights

By |2020-04-30T16:01:32+00:00January 8th, 2020|NY Workers' Compensation Law Reporter|

December 2019 New York Workers' Compensation Law Reporter Highlights Evidence that petitioner was not in service during accident nixes benefits Case name: Verille v. Gardner, 119 NYWCLR 193 (N.Y. App. Div. 2019) Summary: The Appellate Division confirmed that the petitioner was not entitled to accidental or performance of duty disability retirement [...]

November 2019 New York Workers’ Compensation Law Reporter Highlights

By |2020-04-30T16:05:31+00:00December 11th, 2019|NY Workers' Compensation Law Reporter|

November 2019 New York Workers' Compensation Law Reporter Highlights Claimant's misrepresentations, surveillance video point to permanent disqualification of benefits Case name: Sportsman Alamo, 119 NYWCLR 174 (N.Y. W.C.B. Full Board 2019) Summary: The Full Board ruled that the claimant was permanently disqualified from receiving wage loss benefits. Despite the claimant's multiple reports [...]

October 2019 New York Workers’ Compensation Law Reporter Highlights

By |2020-04-30T16:07:07+00:00November 1st, 2019|NY Workers' Compensation Law Reporter|

October 2019 New York Workers' Compensation Law Reporter Highlights Absence of job search renders claimant unattached to labor market Case name: Nassau, County of, 119 NYWCLR 146 (N.Y. W.C.B. Full Board 2019) Summary: The Full Board ruled that the claimant did not show labor attachment and therefore not entitled to benefits. After [...]

August 2019 New York Workers’ Compensation Law Reporter Highlights

By |2020-04-30T16:08:31+00:00September 3rd, 2019|NY Workers' Compensation Law Reporter|

August 2019 New York Workers' Compensation Law Reporter Highlights Video evidence indicates claimant made false representations in violation of § 114-a Case name: Swiech v. Lackawanna, City of, 119 NYWCLR 112 (N.Y. App. Div. 2019) Summary: The Appellate Division supported the Board's ruling that the claimant was in violation [...]