A long, drawn-out multimillion-dollar lawsuit connected to a 2016 construction accident has been dismissed by a Queens Supreme Court judge, who ruled in favor of a fence company represented by Goldberg Segalla.
Articles Discussing New York's Workers' Compensation Law.
Fraud Doesn’t Pay In New York – February 2023 Update
Another Overview of Recent Decisions, Demonstrating the Board’s Continuing Attitude Toward 114-a.
Risk Transfer, Employer Liability and Grave Injuries: Who Is Going to Pay?
There are four basic causes of action involved in pursuing risk transfer.
Take Advantage of WAMO Wholesale Waiver Agreements
An agreement between the NYS Workers’ Compensation Board, the Waiver Agreement Management Office (WAMO), the Special Disability Fund, and the Carrier/SIE for a one-time payout in exchange for the Carrier waiving the right to any past, present or future reimbursement under WCL §§ 14(6) and 15(8), including reimbursements pending at the time of valuation, for all open claims.
[NY] Workers’ Compensation Board Enacts Changes to Attorneys’ Fee Requests
As of January 1, the Workers’ Compensation Board has implemented new changes to attorneys’ fee request.
New York Workers’ Compensation Board Once Again Tightens the Coverage Standard on Professional Employer Organizations
The battle regarding how much Workers’ Compensation coverage Professional Employer Organizations (PEOs) provide to underlying employers rages on at the Workers’ Compensation Board level.
Fraud Doesn’t Pay in New York: November 2022 Update
As a part of our Quarterly Practice Group Update, we are pleased to produce our fifth installment highlighting examples of our continued success in the area of fraud litigation. This publication began as a one-time update; however, due to the consistent success of our dedicated attorneys we are pleased to be able to continue to relay our successes.
Fraud Doesn’t Pay in New York: August 2022 Update
Another Overview of Recent Decisions, Demonstrating the Board’s Continuing Attitude Toward 114-a.
Fraud Still Doesn’t Pay in New York—May 2022 Update
WCL 114-a provides the NYS Workers’ Compensation Board with the authority to disqualify a claimant from receipt of lost time benefits, “[i]f for the purpose of obtaining compensation pursuant to section fifteen of this chapter, or for the purpose of influencing any determination regarding any such payment, a claimant knowingly makes a false statement or representation as to a material fact.”
Taking the Pain Out of the Complex Regional Pain Syndrome Medical Treatment Guidelines from the NY Workers’ Compensation Board
The New York State Workers’ Compensation Board has announced new Medical Treatment Guidelines that become effective May 2, 2022. Today’s alert includes a breakdown of the section for Complex Regional Pain Syndrome (also commonly referred to as CRPS or RSD).
Keeping an Eye on the New Eye Disorder Medical Treatment Guidelines from the NY Workers’ Compensation Board
The New York State Workers’ Compensation Board has announced new Medical Treatment Guidelines that become effective May 2, 2022. This alert includes a breakdown of the section for Eye Disorders.
Professional Employer Organizations See Win from NY Appellate Court in Unleased Employee Matter
THE NEW YORK WORKERS’ COMPENSATION BOARD AND THIRD DEPARTMENT CONTINUE TO GRAPPLE WITH THE BREADTH OF COVERAGE PROFESSIONAL EMPLOYER ORGANIZATIONS PROVIDE TO UNDERLYING EMPLOYERS.
CMS Updates WCMSA Reference Guide, Says No to Non-Submit MSAs
The Centers for Medicare and Medicaid Services issued an update to their WCMSA Reference Guide on January 10, 2022, and it contained some distressing news for the workers’ compensation community.
A Closer Look at Third-Party Actions and Disallowance of Indemnity Benefits Under Workers’ Compensation Law Section 29
A workers’ compensation claimant is legally entitled to collect compensation for a work-related injury and pursue a personal injury action, also known as a third-party action.
Fraud Still Doesn’t Pay in New York—An Update
WCL 114-a provides the Workers’ Compensation Board with the authority to disqualify a claimant from receiving lost time benefits, “[i]f for the purpose of obtaining compensation pursuant to Section 15 of this chapter, or for the purpose of influencing any determination regarding any such payment, a claimant knowingly makes a false statement or representation as to a material fact.” Section 15 is specific to lost wage replacement.
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