June 2020 New York Workers' Compensation Law Reporter Highlights Lack of credibility dooms claimant's request for reduced earnings award Case name: Wallace v. Don Sebastiani, 120 NYWCLR 63 (N.Y.App. Div., 2020) Summary: The Appellate Division held that the evidence supported the Board's decision that the claimant's reduced earnings after leaving [...]
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 [...]
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 [...]
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 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 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 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 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 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 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 [...]