According to Board Subject #046-630, there are five mechanisms by which the issue of WCL §25-a may be raised prior to January 1, 2014: 1.) The claimant’s filing of a written application for compensation; 2.) The filing of a medical report indicating a change of...

I would really appreciate it if the members of the New York WC Forum, and visitors to this page, would request that the Board reach out to the NY Workers’ Compensation Forum as part of its plans to, ” reach out to stakeholders through several means, including...

The United States Court of Appeals for the 2nd Circuit has certified a question of law to New York’s Court of Appeals on whether a defendant may maintain an action for contribution from the owner of motor vehicle when the driver is protected by the exclusivity...

In an action filed in New York County Supreme Court on July 30, 2013, twenty workers’ compensation insurance carriers seek a declaratory judgment that the recent amendments to WCL §25-a which eliminates the Fund for Reopened Cases is unconstitutional. The plaintiffs,...

In a lengthy decision handed down by a divided court on July 18, 2013, the Third Department held that medical treatment which is not specifically included in the MTG is presumptively unnecessary and it is Claimant’s burden to overcome this presumption by proving...

It used to be nearly impossible to reopen a claim based on a defense of labor market attachment when a unemployed claimant had been classified with having a Permanent Partial Disability and entitled to ongoing benefits.  Although there are still challenges in getting...

BILL NUMBER: S76 TITLE OF BILL: An act to amend the workers’ compensation law, in relation to permanent total disability PURPOSE OR GENERAL IDEA OF BILL: This bill will create a presumption of permanent total disability for claimants who are found eligible for federal...

As a former attorney for Special Funds’ Conservation Committee, I noted with great interest that on March 29, 2013, NY’s Workers’ Compensation Law Section 25-a was amended to close the Fund for Reopened Cases to new claims where applications are filed after 1/1/14:...

I recently encountered what I found to be a fascinating fact pattern while defending a local town on what was otherwise a standard claim involving competing opinions on permanency from an attending physician and an IME. On June 14, 2011, the DEA and local Western New...