Articles Discussing New York's Workers' Compensation Law.

• 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.

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.

Another Overview of Recent Decisions, Demonstrating the Board’s Continuing Attitude Toward 114-a.

There are four basic causes of action involved in pursuing risk transfer.

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.

As of January 1, the Workers’ Compensation Board has implemented new changes to attorneys’ fee request.

The battle regarding how much Workers’ Compensation coverage Professional Employer Organizations (PEOs) provide to underlying employers rages on at the Workers’ Compensation Board level.

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.

Another Overview of Recent Decisions, Demonstrating the Board’s Continuing Attitude Toward 114-a.