In New York State one who is injured in the course of their employment, as a result of the negligence of a co-worker, is entitled to collect Workers’ Compensation benefits. However, because the injury occurred at work both the employer and negligent co-worker are immune from civil suit under Workers’ Compensation Law Section 29(6). In […]

A series of cases decided within the last year make it clear that one of the Workers’ Compensation Board priorities is to require permanently partially disabled claimants actively rehabilitate and seek employment. Exactly what needs to be done to meet your burden to attempt to find work is not cut and dried. However, new case […]

This is a question that I hear on a daily basis from claimants who are eager to finalize their case. There are many reasons why New York workers’ compensation cases are often very slow to settle. All Parties May Not Agree on the Settlement In some instances, the insurance carrier has no interest in settling […]

What is known as “attachment to the labor market” has been a hot topic in the New York State Workers’ Compensation Law for several years. This is because insurance carriers have attempted to use this defense to suspend benefits in a large number of cases. In several instances, the employer will offer a light duty […]

Many new and tedious rules have come with the application of the new Medical Treatment Guidelines.  While the purpose of the Guidelines was allegedly to expedite necessary medical care, it has been my experience thus far that the Guidelines are being applied with very clear intention on the part of the Workers’ Compensation Board to […]