December 2021 New York Workers' Compensation Law Reporter Highlights Behavior of claimant, spouse warrant permanent disqualification of benefits Case Name: Lopez v. Clean Air Quality Services Inc, 121 NYWCLR 161 (N.Y. App. Div, 2021). Ruling: The Appellate Division affirmed the Board's decision assessing mandatory and discretionary penalties on the claimant [...]
November 2021 New York Workers' Compensation Law Reporter Highlights Ex parte communications with claimant's counsel bars opinions of examiner, treater Case Name: Goutermount v. Country of Oswego, 121 NYWCLR 109 (N.Y. App. Div, 2021). Ruling: Upon review, the Appellate Division affirmed the Board's decision disallowing the claimant's claim for workers' [...]
September 2021 New York Workers' Compensation Law Reporter Highlights Functional capabilities, vocational factors point to 50% LWEC determination Case Name: Ehrman v. Center for Discovery, 121 NYWCLR 99 (N.Y. App. Div, 2021). Ruling: Upon review, the Appellate Division affirmed the Board's ruling that the claimant sustained a 50 percent loss [...]
August 2021 New York Workers' Compensation Law Reporter Highlights Claimant proves work injury caused her retirement Case Name: Syosset Central School District 121 NYWCLR 87 (N.Y. W.C.B., Panel 2021). Ruling: In affirming, a Board panel held that the WCLJ properly found the claimant's retirement after suffering a work accident was [...]
July 2021 New York Workers' Compensation Law Reporter Highlights WCA doesn't cover altercation with a co-worker over text message Case Name: Mold A Matic, 121 NYWCLR 78 (N.Y. W.C.B., Full Board 2021). Ruling: In denying benefits, a Board panel held that an altercation between the claimant and a coworker was [...]
June 2021 New York Workers' Compensation Law Reporter Highlights Claimant's feigning range of motion in exam warrants discretionary penalty Case Name: New York State Dept. of Corrections, 121 NYWCLR 42 (N.Y. W.C.B., Full Board 2021). Ruling: The Full Board found the claimant violated WCL section 114-a(1) and that a mandatory [...]
May 2021 New York Workers' Compensation Law Reporter Highlights Delay in providing notice of injury proves costly Case Name: Abdallah v. New York City Transit Authority, 121 NYWCLR 25 (N.Y. App. Div. 2021). Ruling: The Appellate Division affirmed the Board's decision disallowing the claim based on the claimant's failure to [...]
April 2021 New York Workers' Compensation Law Reporter Highlights Significant contracts going to New York jurisdiction over out-of-state accident Case name: Focal Point/Macro Consultants, 121 NYWCLR 5 (N.Y.W.C.B.), Panel 2021). Ruling: In affirming, a Board panel held that the WCLJ’s determination that the State of New York has subject matter [...]
March 2021 New York Workers' Compensation Law Reporter Highlights WCL doesn’t cover home health aide’s travel to clients home Case name: Better Home Health Care, 120 NYWCLR 233 (N.Y. W.C.B., Panel 2021). Ruling: A Board panel held that an accident sustained by the claimant, a home health aide, while traveling [...]
January 2021 New York Workers' Compensation Law Reporter Highlights Claimant must deduct prior bicep SLU from current shoulder SLU Case name: Liuni v. Gander Mountain, 120 NYWCLR 197 (N.Y. App. Div. 2020). Ruling: The Appellate Division affirmed the Board’s ruling that the claimant was entitled to a 5 percent schedule [...]