News & Analysis as of

Workers Compensation Board Employer Liability Issues

Chartwell Law

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

Chartwell Law on

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

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

Goldberg Segalla on

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

Goldberg Segalla on

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

Goldberg Segalla on

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

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

Goldberg Segalla on

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

Goldberg Segalla on

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

Goldberg Segalla

Taking the Pain Out of the Complex Regional Pain Syndrome Medical Treatment Guidelines from the NY Workers’ Compensation Board

Goldberg Segalla on

Key Takeaways - The NY Workers’ Compensation Board has announced new Medical Treatment Guidelines—including new Guidelines covering Complex Regional Pain Syndrome—become effective on May 2, 2022. The extensive...more

Goldberg Segalla

Keeping an Eye on the New Eye Disorder Medical Treatment Guidelines from the NY Workers’ Compensation Board

Goldberg Segalla on

Key Takeaways - The NY Workers’ Compensation Board has announced that new Medical Treatment Guidelines—including new Guidelines covering Eye Disorders—become effective on May 2, 2022. The extensive Eye Disorder...more

Chartwell Law

Who’s In & Who’s Out: Professional Employer Organizations and New York Workers’ Compensation

Chartwell Law on

With a growing demand for skilled workers and the rising cost of overhead, many companies are turning to Professional Employer Organizations (PEOs), to meet their human resources needs. A PEO, generally speaking, is an entity...more

Sheppard Mullin Richter & Hampton LLP

Update: New York Paid Family Leave Law Becomes Effective on January 1, 2018

As we previously reported, New York State adopted the New York Paid Family Leave Law (“Paid Leave Law”) back in April 2016. The Paid Leave Law, which requires employers in New York State to provide up to 12 weeks of paid...more

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