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Workers Compensation Board

Weber Gallagher Simpson Stapleton Fires &...

New York Workers’ Compensation Ruling Roundup – June 2024

This week, the 3rd Department decided on 3 cases on June 27, 2024. Learn more about each of these cases below. DeWolf v. Wayne County. In this occupational hearing loss claim, the Law Judge initially found for the...more

Weber Gallagher Simpson Stapleton Fires &...

New York Workers’ Compensation Ruling Roundup – June 2024

Winkelman v. Sumitomo Rubber USA (3rd Dept. 6/20/24). This Appellate decision affirmed the Board’s finding of no Section 114a violation. Here, the claimant worked as a tire development engineer. He tripped and fell in May...more

Weber Gallagher Simpson Stapleton Fires &...

New York Workers’ Compensation Appellate Roundup – June 2024

On June 13, the 3rd Dept. released one workers’ compensation decision. In So v. Erin’s Pharmacy, CV-23-1738 (3rd Dept. 2024), the Court held that the Board’s rejection of an outdated RB-89 appeal form was a reversible error....more

Marshall Dennehey

Superior Court Affirms Decision Denying Claimant’s Motion to Strike Medical Expert Testimony Regarding Medical Records Produced...

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Trincia v. Dick’s Sporting Goods, 2024 WL 1110401 (Del. Super. Mar. 14, 2024) - Ms. Trincia filed a Petition to Determine Compensation Due that alleged she injured her cervical spine and left shoulder in a work accident on...more

Weber Gallagher Simpson Stapleton Fires &...

New York Workers’ Compensation Ruling Roundup – May 2024

This week appeared to be a busy docket for New York workers’ compensation cases. The 3rd Dept. released four opinions on Thursday May 30, 2024. Read their summaries below. Garofalo v. Verizon CV-23-1298....more

Marshall Dennehey

Workers’ Compensation Appeal Board Violates Long-standing Workers’ Compensation Principles by Overturning Credibility Findings...

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Katherine A. Lawry v. County of Butler (WCAB); No. 593 C.D. 2022; filed March 6, 2024; Judge Covey - The claimant suffered a work injury to her right thumb in the nature of a strain/sprain. The injury was later expanded by...more

Weber Gallagher Simpson Stapleton Fires &...

New York Court of Appeals Clarifies WCL § 21(1) in Work Assault Cases: Timperio v. Bronx Lebanon

The New York Court of Appeals issued a decision last week, clarifying the rebuttable presumption of WCL § 21(1) in work assault cases, particularly in a mass shooting scenario. When an injury happens during work, it is...more

Weber Gallagher Simpson Stapleton Fires &...

New York Workers' Compensation Ruling Roundup - May 2024

Two new Appellate Division cases were released on Thursday, May 16, 2024, involving New York Workers’ Compensation....more

Marshall Dennehey

Injuries Sustained by a Claimant While Commuting Were Not Compensable Under the Act as the Claimant Was Not a Traveling Employee...

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Jorge Martinez v. Lewis Tree Service (Workers’ Compensation Appeal Board); No. 298 C.D. 2023; filed Feb. 8, 2024; Senior Judge Leavitt - The claimant worked as a crew leader for the employer’s tree-trimming business. On...more

Weber Gallagher Simpson Stapleton Fires &...

New York Workers' Compensation Ruling Roundup - April 2024

This week the 3rd Department released three new cases. Learn more below. Dexter Morgan v. Kinray, Inc., et al. (4/25/24) - In this case, the 3rd Dept. upheld a decision disallowing an occupational repetitive use claim. The...more

K&L Gates LLP

Supreme Court of Pennsylvania Hears Argument to Preclude Occupational Disease Claims Against Former Employers

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On 10 April 2024, the Supreme Court of Pennsylvania heard argument in Herold v. Univ. of Pittsburgh, in which the Court is reviewing a 2023 Commonwealth Court decision holding that the exclusive remedy provision of the...more

Melito & Adolfsen

Accidents, pain, lawsuits, doctors and lawyers. Is the pain real? The Nail Gun Story.

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Anyone injured in an accident allegedly caused by the negligence of another can sue for pain caused by the injury. The increasing number of surgeries injuries from accidents is now a major focus of defendants and the...more

Goldberg Segalla

Fraud Doesn't Pay in New York – February 2024 Update

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As a part of our Quarterly Practice Group Update, we are pleased to produce our next installment of examples of our success in the area of fraud litigation. This report was originally conceptualized nearly three years ago as...more

Chartwell Law

NY Third Appellate Division Decision Precludes Coverage of a Non-Leased Employee Under a PEO

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The Third Department Appellate Division —for the first time—held that an employee was not covered by a Professional Employer Organization (PEO) policy because she was not a leased employee. In Brown v. Buffalo Transportation,...more

Goldberg Segalla

[Webinar] How to Defend a Workers’ Compensation Provider Dispute Brought in the No-Fault Arena - February 27th, 12:00 pm - 1:00 pm...

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Don’t you hate it when a medical provider contests a billing dispute in the NY No-Fault arena, with its provider-friendly rules, when the provider knows (or should have known) that billing disputes in workers’ compensation...more

Marshall Dennehey

A Decision Granting a Claim Petition, but Not Awarding Wage Loss Benefits, Was Supported by Substantial Competent Evidence and,...

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Marie Dennis v. Inglis House (WCAB); No. 1223 C.D. 2022; filed Oct. 12, 2023; Sr. Judge Leavitt - The claimant, a certified nurse assistant, filed a claim petition alleging multiple work injuries, which occurred on January...more

Goldberg Segalla

Fraud Doesn’t Pay in New York – November 2023 Update

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An Overview of Recent Decisions Demonstrating the Board’s Continuing Attitude Toward 114-a - (Editor’s Note – As a part of our Quarterly Practice Group Update, we are pleased to produce our next installment of examples of...more

Bricker Graydon LLP

BWC Finalizes Public Employer Rate Cut

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The Bureau of Workers' Compensation (BWC) Board of Directions recently approved a 3.9% rate reduction for Ohio’s public employers. As a result, public employers will pay nearly $8 million less in premiums beginning January 1,...more

Goldberg Segalla

Form Filing Update: NY WCB Distinguishes Between TTD and PPD Benefits

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Key Takeaways - A recent update from the New York Workers’ Compensation Board (WCB) may impact which form you use when requesting a hearing to reduce or address rates Effective July 3, 2023, Forms C-25 and C-27 have...more

Goldberg Segalla

Workers’ Compensation Board Further Scrutinizing Section 32s with Releases and Resignations

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Key Takeaways - There’s been a significant increase the last month in Section 32 Agreements disapproved, or to which revisions have been demanded, due to a general release or resignation attendant  to same. Until...more

Goldberg Segalla

Workers’ Compensation Board Enacts Changes to Attorneys’ Fee Requests

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Key Takeaways - Amendments to Workers’ Compensation Law Section 24 now requires claimant attorneys follow a fee schedule. Moving forward, it is imperative to timely file the appropriate FROI/SROI forms now that...more

Goldberg Segalla

New York Workers’ Compensation Board Once Again Tightens the Coverage Standard on Professional Employer Organizations

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Key Takeaway - The New York Workers’ Compensation Board continues to struggle with properly attributing the coverage Professional Employer Organizations provide to underlying employers. Professional Employer...more

Goldberg Segalla

Not My Employee – How Professional Employment Organizations Can Protect Against Unnecessary Liability

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During a recent court session, I witnessed a judge enter an order compelling a Professional Employment Organization (PEO) to pay benefits without prejudice for an employee who was in no way associated with the PEO, according...more

Goldberg Segalla

Fraud Doesn't Pay in New York: August 2022 Update

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Another Overview of Recent Decisions, Demonstrating the Board’s Continuing Attitude Toward 114-a. Key Takeaways - The Workers’ Compensation Board can disqualify a claimant from receiving lost-time benefits under...more

Goldberg Segalla

Fraud Still Doesn’t Pay in New York—May 2022 Update

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Key Takeaways - Under certain conditions, the Workers’ Compensation Board can disqualify a claimant from receiving lost time benefits, according to New York Workers’ Compensation Law 114-a Claims can be overcome when...more

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