Articles Discussing New York's Workers' Compensation Law.

An Overview of Recent Decisions Demonstrating the Board’s Continuing Attitude Toward 114-a

Goldberg Segalla partners Christopher J. Major and Matthew P. Palazzola will provide practical, hands-on advice for maximizing the subrogation potential of a New York workers’ compensation claim, including via both Section 29 of the WCL and intercompany loss transfer pursuant to Ins. Law 5105. 

Job stress is an unfortunate reality of being part of today’s workforce.

WCL 114-a provides the Board authority to disqualify a claimant from 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.” Section 15 is specific to lost wage replacement.

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)

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?

The New York Third Department for the first time found no coverage on the part of Professional Employer Organizations for a non-leased employee

A description of the changes in Workers’ Compensation law – along with the perspective of highly experienced workers’ compensation attorneys – is just a click away.

• 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.

When the Workers’ Compensation Law was enacted in 1914, it was designed as a compromise between employers and employees. 

A recent update from the New York Workers’ Compensation Board (WCB) may impact your exposure when accepting claims without liability under Section 21-a.

The minimum weekly compensation for individuals receiving workers’ compensation benefits will soon increase under legislation signed by New York Gov. Kathy Hochul.

AN OVERVIEW OF RECENT DECISIONS DEMONSTRATING THE BOARD’S ATTITUDE TOWARD 114-A

The Board has consistently broken down the severity of the violation into essentially two categories: mandatory and discretionary. 

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.