Claimant’s conviction of unlawful manufacture of methamphetamine does not amount to a violation under WCL 114-a.

In Stone v. Saulsbury/Federal Signal, the carrier argued that upon the claimant’s release from prison following conviction of unlawful manufacture of methamphetamine that the claimant violated WCL §114 – a by failing to report his illegal work activities. The judge found insufficient evidence to establish that the claimant performed any work or made any false… Read More

Amendments to 2017 not retroactive if PPD claimant was not attached to labor market

Amendments to law in 2017, which relieved a PPD claimant from demonstrating LMA  after classification are retroactive if the employee is found attached at the time permanency is established, applies retroactively to a claimant classified with a PPD prior to the amendment if the claimant involuntarily withdrew from the labor market (i.e. – retired due… Read More

LWEC & Incontinence

It must have been 12th grade where I first became acquainted with incontinence. And no, it was through studying Dante’s Inferno and not some kind of bathroom emergency; back in the day, incontinence used to refer to the inability to control one’s self. A lack of self-restraint. The 2nd through 5th circles were thus populated:… Read More

A New Quest Begins

I made the mistake of seeing Avengers Endgame twice in a week before doing a major memo involving an LWEC determination (spoiler alert) and had a crazy idea to first map and then analyze the decisional framework that is LWEC. The entire point of stare decisis is so that cases aren’t decided based on an… Read More

Appeals Inventory and Forms

On November 23, 2018, Clarissa M. Rodriguez, Chair of the WCB issued Subject 046-1119, http://www.wcb.ny.gov/content/main/SubjectNos/sn046_1119.jsp, touting the Board’s dubious accomplishment in having reduced the appeals inventory to 3,297 applications awaiting a determination and brandishing a statistic that 92% were decided in less than 6 months. In my opinion, and I believe many practitioners would agree… Read More