• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer
  • Affiliate Login
  • Join Our Network
  • Affiliate News
  • Lawyer Directory
  • Newsletters
  • Contact Us
  • Our Feeds

Employment Law Information Network

All Things Labor and Employment Law

Get Our Daily or Weekly Newsletter!
Articles • Alerts • Expert Advice
Daily Newsletter
Weekly Newsletter
California Newsletter
  • Federal Articles
  • State Articles
  • HR News
  • Trending
  • Human Resources
    • HR Guidebook
    • HR Policy Samples
    • Employment Contracts
  • Discussion Forums
  • About Us
Home > State Law Articles > New York > Workers' Compensation (NY)

Articles Discussing New York's Workers' Compensation Law.

Redefining Total Disability: How to Approach Nonschedule Claims After Jacobi

March 16, 2020 | Goldberg Segalla Filed Under: Workers' Compensation (NY)

In a post-2007 reform world, the percentage disability became more important for one major purpose: establishing a capped benefit system for nonscheduled awards. From a carrier perspective, this was a positive and a step in the right direction as the Board was finally placing limits on the number of weeks

Practice Tips and Tactics Involving Additional Providers in New York

March 16, 2020 | Goldberg Segalla Filed Under: Workers' Compensation (NY)

On January 1, 2020, additional medical providers have been authorized to treat claimants under the New York State workers’ compensation system. Physicians, chiropractors, podiatrists, and psychologists are joined by physical therapists, occupational therapists, physician’s assistants, nurse practitioners, licensed clinical social workers, and acupuncturists as Board-authorized providers. Not all approved providers

Giving 110 Percent: Apportionment in Classification Claims

March 2, 2020 | Goldberg Segalla Filed Under: Workers' Compensation (NY)

Workers’ Compensation Law (WCL) Section 15 outlines the schedules of compensation payable to the claimant upon a determination that the claimant is disabled—permanent total, temporary total, permanent partial, and temporary partial. Specifically, WCL Section 15(3)(w) pertains to claims of permanent partial disability that are not amenable to a schedule loss

Obtaining and Maintaining Proper Working Papers – It’s No Minor Task

February 18, 2020 | Goldberg Segalla Filed Under: Workers' Compensation (NY)

Prior to hiring a minor (an employee who is under the age of 18), an employer has an obligation to obtain the minor’s employment certificate or permit issued in accordance with the education law (commonly referred to as “working papers”). Prior to the minor starting work, the employer must file

Medication and Transportation (M&T) Reimbursement in New York: A Primer

February 10, 2020 | Goldberg Segalla Filed Under: Workers' Compensation (NY)

New York Workers’ Compensation Law (WCL) dictates that an injured worker is entitled to reimbursement for certain expenses relating to an established compensable claim. WCL Section 13(a) provides that an employer is obligated to provide an injured employee with such medical, surgical, or other attendance or treatment as the nature

Appellate Division Provides Clarity: Medical Expenses Are Recoverable by Workers’ Compensation Carriers Under Section 40

September 1, 2016 | Goldberg Segalla Filed Under: Workers' Compensation (NY)

The Appellate Division of the New Jersey Superior Court issued a published decision on August 24, 2016 confirming the right of workers’ compensation insurers to recover medical expenses from the proceeds of any recovery the worker obtains from a third-party tortfeasor under Section 40 of the New Jersey Workers’ Compensation Act. The decision in Lambert v. Travelers Indemnity Co. of America offers welcome clarity concerning reimbursement of medical payments under Section 40 (see No. A-1073-14T3, __ N.J. Super. __, __ (App. Div. 2016)).

Inside the New York Workers’ Compensation Board’s New Payor Compliance Procedures

October 26, 2015 | Goldberg Segalla Filed Under: Workers' Compensation (NY)

The New York Workers’ Compensation Board has implemented a new procedure that changes the way carriers manage claims per Section 25(2)(a), which will affect both carriers and employers. The new procedure requires carriers to accept or controvert a claim “within 18 days after a disability or within 10 days after the employer has knowledge of the alleged accident, whichever is greater.”

Workers’ Compensation Quarterly – Spring 2015

June 17, 2015 | Goldberg Segalla Filed Under: Workers' Compensation (NY)

Timely summaries of decisions from across New York, Connecticut, New Jersey, and Pennsylvania concerning workers’ compensation matters. It also provides the latest news regarding litigation, changes in interpretive language used by the courts, permanency determinations, and more.

Workers’ Compensation Quarterly

October 9, 2014 | Goldberg Segalla Filed Under: Workers' Compensation (NY)

Timely summaries of decisions from across New York, Pennsylvania, and New Jersey concerning workers’ compensation matters. It also provides the latest news regarding litigation, changes in interpretive language used by the courts, permanency determinations, and more.

Workers’ Compensation Quarterly (NY, NJ, PA)

June 23, 2014 | Goldberg Segalla Filed Under: Workers' Compensation (NY)

Timely summaries of decisions from across New York, Pennsylvania, and New Jersey concerning workers’compensation matters. It also provides the latest news regarding litigation, changes in interpretive language used by the courts, permanency determinations, and more.

eClaims: New Procedures for Controverted Cases

October 11, 2013 | Goldberg Segalla Filed Under: Workers' Compensation (NY)

In the coming months, the Workers’ Compensation Board is phasing in its new eClaims system, which will greatly impact the manner in which carriers file denials on new claims. To help streamline the process and maintain all applicable defenses to new claims, the following is our recommended procedure for controverting claims.

New York’s Highest Court Grants Rare Reargument of Prior Ruling in Workers’ Compensation Case

July 2, 2013 | Goldberg Segalla Filed Under: Workers' Compensation (NY)

In an extremely rare decision, the New York State Court of Appeals has granted reargument. In Auqui v. Seven Thirty One Ltd. Partnership, the court granted reargument of its prior ruling that granted the defendants’ motion to preclude plaintiffs from litigating the issue of the injured plaintiff’s accident-related disability based upon a prior ruling by the Workers’ Compensation Board (WCB).

Major Victory for Personal Injury Defendants Adds Leverage for Workers’ Comp Defense

March 29, 2013 | Goldberg Segalla Filed Under: Workers' Compensation (NY)

In a recent decision with profound implications for defending workers’ compensation claims in New York, the Court of Appeals reversed the First Department and held that the doctrine of collateral estoppel bars a plaintiff from litigating duration of disability in New York State Supreme Court when the plaintiff previously litigated the same issue to a full and final decision as a claimant in a corresponding matter before the Workers’ Compensation Board (WCB).

Governor Cuomo’s Proposed Workers’ Compensation Reform Garners Praise, But Raises Questions

February 5, 2013 | Goldberg Segalla Filed Under: Workers' Compensation (NY)

In a rare twist, New York Governor Andrew Cuomo’s recent proposed changes to workers’ compensation in New York have earned praise from both the business side and the labor side.

Permanent Total Disability? NY Worker’s Comp Case Highlights Need to Review All Criteria

October 23, 2012 | Goldberg Segalla Filed Under: Workers' Compensation (NY)

In New York Workers’ Compensation Case No. 00427749, the claimant, a driver, sustained injuries to her back, neck, right shoulder, face, and right thumb when she was rear-ended by a van in 2004. In addition to underscoring the requirements a claimant must meet to be classified with a permanent total disability, the proceedings that ensued in this case provide carriers and employers with an important defense against claimants’ physicians who do not properly investigate the true capabilities and daily lives of claimants.

Primary Sidebar

New York

  • Disability Discrimination (NY)
  • Employment At-Will (NY)
  • General (NY)
  • Human Resources (NY)
  • Human Rights Law (NY)
  • Labor Law (NY)
  • Lawyering (NY)
  • NY WARN (NY)
  • Restrictive Covenants (NY)
  • Sex Discrimination (NY)
  • Unemployment (NY)
  • Wage & Hour (NY)
  • Workers' Compensation (NY)
C-Screen

Site Search

Connect With Us!

  • Email
  • Facebook
  • LinkedIn
  • Phone
  • RSS
  • Twitter

Article Calander

March 2021
SMTWTFS
 123456
78910111213
14151617181920
21222324252627
28293031 
« Feb    

Trending Content

  • Introduction To Employee Handbook Policy
  • Employee Discipline Policy
  • Employee Locker Policy
  • Union Avoidance
  • FMLA Policy
  • Smoking Policy
  • Job Vacancy Announcement
  • Workplace Privacy and Confidentiality
  • Employment At-Will Policy
  • Conditional Offer Letter

Footer

Social Profiles

RSSTwitterFacebookLinkedin

Tags

ABC News (8) Above The Law (8) Benefits Pro (8) Bloomberg (118) Carothers DiSante & Freudenberger LLP (6) CBS (6) CNBC (19) CNN (33) EEOC (75) Entrepreneur (25) Evil HR Lady (159) Fast Company (43) Forbes (179) Fortune (7) Goldberg Segala (7) GovExec (14) Harvard Business Review (176) Inc. (14) Jackson Lewis (29) Law.com (32) Littler (43) Los Angeles Times (8) MarketWatch (6) NBC (36) New York City (13) New York Magaine (8) New York Post (10) New York Times (216) NPR (42) Politico (11) Reuters (17) Richmond Times Dispatch (11) San Francisco (8) Seattle Times (6) SHRM (20) Slate (6) The Atlantic (6) The Cut (7) The Guardian (6) USA Today (21) US News (23) Wall Street Journal (108) Washington Post (43) Wired (5) Yahoo News (6)

Navigation

  • Federal Articles
  • State Articles
  • HR News
  • Trending
  • Human Resources
    • HR Guidebook
    • HR Policy Samples
    • Employment Contracts
  • Discussion Forums
  • About Us
Log In

Privacy Policy, Disclaimers & Copyright
elinfonet.com, LLC • P.O. Box 45, Chinchilla, PA 18410 • 570-301-6277 • info@elinfonet.com