Occupational Disease Claims after Matter of Pinnacle Industries II, LLC (2019 NY Wrk Comp G2020587)

In Matter of Darcon Construction, Inc., 2011 NY Wrk Comp. G0223167, the Board stated that the liable carrier in an occupational disease situation would be the employer’s general workers’ compensation carrier, thereby relieving carriers on wrap-up policies of liability. Following several cases in which the Board began to chip away at that decision, the Board… Read More

No Further Causally Related Disability Due to Intervening Unrelated Accident

This was an established neck and back claim.  The issue for litigation was further causally related lost time.  The claimant sustained an unrelated motor vehicle accident in February involving various body sites, including her neck and back. As we reviewed the file, we realized that the claimant’s medical evidence had changed dramatically after her accident. … Read More

Independent Contractor or Employee

One issue that I have come across several times in my legal career is whether or not a claimant qualifies as an independent contractor or an employee.  The Board Panel recently reviewed this issue in the case of Matter of Clare Hayduscko, 219 N.Y. Wrk. Comp. 40708094 (2019).  In that case, the claimant injured her… Read More