Property owners, contractors and their agents face increased likelihood of Labor Law § 241(6) liability after a February 20 decision by the NY Court of Appeals expanded the definition of “foreign substance” as used in Industrial Code § 23-1.7(d)
Articles Discussing New York's Workers' Compensation Law.
Provider Dispute Brought in the No-Fault Arena
Don’t you hate it when a medical provider contests a billing dispute in the NY No-Fault arena, with its provider-friendly rules, when the provider knows (or should have known) that billing disputes in workers’ compensation claims must be resolved before the NYS Workers’ Compensation Board?
Professional Employer Organizations See Rare Workers’ Compensation Coverage Win at New York Third Department
The New York Third Department for the first time found no coverage on the part of Professional Employer Organizations for a non-leased employee
What Changed in Workers’ Compensation Law and How Will it Impact Your Business?
A description of the changes in Workers’ Compensation law – along with the perspective of highly experienced workers’ compensation attorneys – is just a click away.
Fraud Doesn’t Pay in New York – November 2023 Update
- WCL 114-a provides the Workers’ Compensation Board the authority to disqualify a claimant from receipt of 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.
Mitigating Workers’ Compensation Exposure for New York Employers
When the Workers’ Compensation Law was enacted in 1914, it was designed as a compromise between employers and employees.
New York Workers’ Compensation Form Filing Update: Section 21-a and Claims Paid Without Liability
A recent update from the New York Workers’ Compensation Board (WCB) may impact your exposure when accepting claims without liability under Section 21-a.
New York’s Minimum Weekly Workers’ Comp Benefits to Increase Under New Law
The minimum weekly compensation for individuals receiving workers’ compensation benefits will soon increase under legislation signed by New York Gov. Kathy Hochul.
Fraud Doesn’t Pay in New York – August 2023 Update
AN OVERVIEW OF RECENT DECISIONS DEMONSTRATING THE BOARD’S ATTITUDE TOWARD 114-A
Fraud Doesn’t Pay in New York – May 2023 Update
The Board has consistently broken down the severity of the violation into essentially two categories: mandatory and discretionary.
Workers’ Compensation Board Further Scrutinizing Section 32s with Releases and Resignations
We’ve seen in the last month a significant increase in the number of Section 32 Agreements that a Workers’ Compensation Law Judge has either disapproved, or to which they have demanded revisions, due to a general release or resignation attendant to same.
Fence Company Wins Summary Judgment in Construction Case that Left Worker Injured
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.
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.