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 [...]
December 2020 New York Workers' Compensation Law Reporter Highlights Prior awards nullify claimant’s current award for SLU of her arm Case name: Covington v. New York City/Dept. of Corrections, 120NYWCLR 157 (N.Y. App. Div. 2020) Ruling: Upon review, the Appellate Division affirmed the Board’s ruling that the claimant was entitled [...]
November 2020 New York Workers' Compensation Law Reporter Highlights Case name: Johnson v. Borg Warner Inc., 120 NYWCLR 145 (N.Y. App. Div. 2020). Ruling: Upon review, the Appellate Division reversed the Board's decision awarding benefits to the claimant, who alleged he sustained a work-related knee injury. What it means: Medical [...]
October 2020 New York Workers' Compensation Law Reporter Highlights Carrier's change in IME doctors casts doubt on credibility of opinion Case name: New York, State of/Dept. of Corrections & Community Supervision, 120 NYWCLR 1379 (N.Y. WCB, Full Board 2020) Ruling: The Full Board held that the record supported a [...]
August 2020 New York Workers' Compensation Law Reporter Highlights Claimant wins simultaneous benefits for SLU, PPD classification Case name: Cosides v. Oyster Bay, Town of/Sanitation, 120 NYWCLR 109 (N.Y.App. Div., 2020) Summary: The Appellate Division reversed the Board's ruling that the claimant was not simultaneously entitled to an award [...]
July 2020 New York Workers' Compensation Law Reporter Highlights Claimant fails to block award reduction based on prior SLU award Case name: Blair v. Suny Syracuse Hospital, 120 NYWCLR 97 (N.Y.App. Div., 2020) Summary: The Appellate Division affirmed the Board's ruling that the claimant was entitled to a 20 percent [...]
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 [...]