Workers’ Compensation Law Section 21 pertains to the defense of intoxication. If an insurance carrier can prove that a work injury was caused solely as a result of an employee’s intoxication, the claim will be dismissed. The recently reported case of Thompson v. Wiltsie Construction Company involved a boilermaker’s claim for injuries to his feet. […]

New York State Workers’ Compensation Law Section 13(a) provides that an employer must not only provide adequate medical treatment but also access to that treatment.  Transportation costs should be reimbursed so long as the proper mileage reimbursement request is made by the claimant.  Often times, such payments are referred to as “M&T” payments.  This is […]

Under Section 32 of the New York State Workers’ Compensation Law, claimants and insurance carriers may opt to negotiate and settle claims before the Board. While Section 32 settlements usually involve full and final settlement of all outstanding issues including lost wage and medical claims, it is possible to settle only a portion of one’s […]

The New York State Workers’ Compensation Board system places a heavy and unrealistic burden on physicians and chiropractors. This burden pertains to the documentation requested of form MG-2, variance request forms. It is painfully obvious that the Workers’ Compensation Board’s sole purpose in enacting New York’s Medical Treatment Guidelines is to curtail medical costs for […]

In my law firm in Albany, NY I have clients who have received a hearing notice from the New York State Workers’ Compensation Board and will often ask whether or not they will have to talk at the hearing. Unless the hearing is schedule for testimony, the answer is usually no. Represented claimants usually have […]