Are Claims For Work-Related Stress Stemming From A Personnel Decision...
New York Workers’ Compensation law does allow for stress related mental injuries to be found compensable in certain situations. It is a very fact specific area of the law. In general, Workers’...
View ArticleWhat is a Section 32 Settlement Agreement?
Once a workers’ compensation claim has been either accepted as work-related or found by the Board to be compensable, the primary goal of the insurance carrier and/ or employer is to settle the claim....
View ArticleBoard Announces Changes To Section 32 Settlement Approval Process
Beginning March 1, 2016 the Board will no longer require hearings for law judges to review all Section 32 settlement agreements. In a Board bulletin issued this week, the Board announced they will...
View ArticleOverview of Death Benefits In New York Workers’ Compensation
New York workers’ compensation law allows for benefits if a work-related injury causes death under NY WCL §16. A death can be considered work-related if it is due to a specific injury or due to an...
View ArticleNY Workers’ Compensation Amendment Found Unconstitutional; How It Affects...
The New York Appellate Division First Department last week addressed the validity and constitutionality of a 2013 amendment to New York Workers’ Compensation Law §25-a. As a background, §25-a provides...
View ArticleAdjuster and Attorney Contact With Claimants In Workers’ Compensation Claims
When a claimant has not retained legal counsel, direct communication between the insurance carrier, third party administrator, or self-insured employer with the unrepresented claimant is the only way...
View ArticleAppeals in New York Workers’ Compensation
Any final determination of law can be appealed. The requirements for the appeal process in the New York Workers’ Compensation system are found in N.Y. Work. Comp. Law § 23. A party that disagrees with...
View ArticleWebinar: New York Medical Treatment Guidelines, Non-Acute Pain
Lois Law has monthly webinars on New York and New Jersey workers’ compensation law. Click here to register. Here is the post-webinar video from our most recent presentation, “New York Medical Treatment...
View ArticleWhat Is A ‘Protracted Healing Period’ in Workers’ Compensation?
Under New York Workers’ Compensation law, a Schedule Loss of Use (SLU) award may be made when a claimant has reached maximum medical improvement and the claimant’s body part(s) have a permanent loss of...
View ArticleNew York Legislation Extends Deadline for New Workers’ Compensation Claims...
New legislation extends the period for workers and volunteers seeking lost wage and medical benefits as a result of their involvement in the September 11th rescue, recovery and clean-up operations....
View ArticleNew York Workers’ Compensation Board Changes Address for Service of a Notice...
According to a Board Bulletin issued last week, Notices of Appeal must now be sent to the Board’s Schenectady office. The Bulletin specifically notes: Workers’ Compensation Board Rule 300.18(a) (12...
View ArticleNew York Workers’ Compensation Board Adopts New Rules For Appeals
The New York Workers’ Compensation Board has adopted new regulations for Administrative Review, Full Board Review, and Applications for Reconsideration. The new regulations affect all appeals at the...
View ArticleWorkers’ Compensation and the Affect of Other Disability Benefit Programs
In New York, when an individual suffers an accident or illness arising out of and in the course of employment, workers’ compensation becomes the primary source of wage replacement and medical benefits....
View ArticleNew York Workers’ Compensation Board Announces New Hearing Process for Opioid...
Recognizing that opioid addiction is a major public health crisis, the New York Workers’ Compensation Board yesterday announced a new hearing process to address opioid weaning issues. In 2014, the...
View Article2017 New York Workers’ Compensation Board Legal Holidays and Closures
The New York Workers’ Compensation Board has released the 2017 Legal Holidays and Board Closures. This is not the same as the Board’s hearing schedule, which has not yet been released. In addition to...
View Article2017 New York Workers’ Compensation Reforms
The 2017-2018 New York budget (Part NNN of Chapter 59, Laws of 2017), enacted effective April 10, 2017, includes numerous reforms to the New York Workers’ Compensation system. The Board issued a Board...
View ArticleNew Maximum Weekly Indemnity Benefit Rate as of July 1, 2017
The Board announced the new maximum weekly benefit rate for accidents after July 1, 2017. Accordingly, the maximum weekly benefit rate is $870.61 for compensable lost time for workers’ compensation...
View ArticleWhat Is A ‘Protracted Healing Period’ (PHP) in Workers’ Compensation?
Under New York Workers’ Compensation law, a Schedule Loss of Use (SLU) award may be made when a claimant has reached maximum medical improvement and the claimant’s body part(s) have a permanent loss of...
View ArticleNew York Court of Appeals Rules Amendment to §25-a Is Constitutional
What is the Fund? As a background, §25-a provides for a Special Fund to be set up especially to administer and pay claims arising from the reopening of closed cases. The primary purpose of §25-a is...
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Virtual Hearings Coming To New York!
The New York Workers’ Compensation Virtual Hearings pilot program will be rolled out starting next week for hearings at the Menands (Albany) hearing point. Virtual Hearings will allow injured workers,...
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