Defended by the Numbers: How Cost, Not Fairness, Drives the Other Side
A New York workers' compensation attorney on why insurance carriers deny claims — cost, not fairness — and how to hold decisions to the actual law.
Read full edition → A Weekly Newsletter Workers' Comp Defense
Workers' Comp Defense
Playbook Decoded.
Every Thursday: a working analysis of newly issued New York Workers' Compensation Board decisions — written by an attorney who used to defend the City. What the law judges are doing, what the appellate division is doing, and what it means for injured workers and the lawyers who represent them.
The Comp Loss That Tried to Follow You to Court
A NY workers' comp denial used to sink your separate injury lawsuit. The Court of Appeals in Garcia v. Monadnock and the JIWA law just shut that defense down.
Read full edition →"Will Not Be Disturbed": How the Third Department Talked Itself Out of Reading Two Statutes
Two NY workers with PTSD watched someone die on the job — then were denied under a standard the Legislature already repealed. How the Third Department got it wrong.
Read full edition →The "You Filled Out the Form Wrong" Play — and How a Store Manager's Two Blank Boxes Almost Cost Her Everything
A store manager's appeal was thrown out over two blanks on a cover form. The Third Department reversed. Here's why a clerical slip can't kill your NY comp appeal.
Read full edition →The "It's All Your Old Injury" Play — and How a Laborer Hit by a Paving Machine Beat It
A NY laborer hit by a paving machine had a prior back injury. The carrier said the new symptoms were old. Here's how the worker won — and how to use it.
Read full edition →The Seven Plays: How the Defense Fights New York Workers' Compensation Claims
A field guide to the seven plays the defense runs in every New York workers' compensation claim — what they look like, why they work, and how to push back. Written for injured workers by a former Deputy Chief of the NYC Law Department's Workers' Comp Division.
Read full edition →Workers' Compensation Defense Playbook Decoded
Welcome back. If you're seeing a different name on this newsletter, that's intentional. A quick word on what's changing and why, and then we'll get into a Third Department decision from today that I cannot stop thinking about.
Read full edition →Critical Updates to NY Workers’ Compensation: “No‑Touch” Law, Medicare MSA Shift & Rate Change
Three significant changes reshaping NY workers' compensation: the No-Touch law effective June 5, CMS's policy shift on zero-dollar Medicare Set-Asides, and the new $1,222.42 maximum weekly rate.
Read full edition →New York Workers’ Compensation Transforms: TDI Reform, Mental Health Coverage & Medical Access
After decades of stagnation, NY workers' comp is entering a transformative era — TDI reform, mental health claims now recognized statewide, and Hochul's medical access reforms.
Read full edition →New York Disability Shakeup: Why TDI Reform and Telehealth Matter in Workers’ Compensation
TDI hasn't budged from $170 per week since 1989, while telehealth for work-related injuries has quietly become permanent.
Read full edition →What You Need to Know About New York Workers’ Comp: May 29, 2025 Case Updates
Alzate (Section 114-a fraud), Juncal (procedural timelines), Fonseca (PEO coverage), Ramales (intoxication and the sole-cause rule), and Cahill (emergency surgery without preauthorization).
Read full edition →Legislation S.6635/A.5745: Taking the Stress Out of Mental Stress Claims
Governor Hochul signed S.6635/A.5745, effective January 1, 2025 — eliminating the greater-than-normal stress requirement that had blocked most mental injury claims for non-first-responders.
Read full edition →Recent Court Rulings on Workplace Injuries: Martinez and Gunness Cases
A pan boiler operator who caught COVID at work prevailed; an injured worker who claimed consequential injuries did not. Documentation and consistency drive the result.
Read full edition →Navigating Work-Related Injuries: Insights from Recent Cases
Happy Friday the 13th everyone! Did I wait until today to publish this edition of the newsletter so I could start with that fun intro or is it just a happy (or scary?!) coincidence? I guess we’ll never know.
Read full edition →Labor Market Attachment: When Job Hunting Becomes A Legal Battle
You might have noticed that your inbox has been suspiciously free of newsletters from me lately. No, I haven't forgotten about you. The truth is, I've been a bit of a multitasking magician.
Read full edition →October 24, 2024 Case Analysis Report
Welcome to your October 24, 2024 edition of Workers' Compensation Insights! You may have noticed that I did not send a newsletter out last week. I had some family matters to attend to which required all my attention. But, not to worry. You didn’t miss anything.
Read full edition →Injured at Work? Key Case Insights to Keep You Educated
Today the New York Supreme Court Appellate Division Third Department knocked it out of the park with nine cases related to workers' compensation issues. Below I broke down the cases I believe to be the most interesting, relevant, and educational for you.
Read full edition →Workers' Compensation Case Review
I hope everyone is having a wonderful Fall season so far. After a dry, desolate summer devoid of cases involving workers’ compensation issues, the Third Department has finally released not only one, but *four* new decisions involving workers’ compensation!
Read full edition →The Not-So-Happy Hour: Workers' Compensation in Unlikely Places
Good Sunday morning, everyone! I hope you’re as excited as I am about this rare weekend update. After an entire summer devoid of workers’ compensation issues, the New York Supreme Court Appellate Division Third Department seemingly unboxed their warmest Autumn sweaters, ordered i…
Read full edition →A Brief Update On Case Indexing
This summer has been notably uneventful and dry in terms of workers' compensation cases coming from the Appellate Division Third Department. But here's some good news: it’s now officially Fall!
Read full edition →Mary's Story: A Cautionary Tale
It has been yet another week where the New York State Supreme Court Appellate Division Third Department has issued no decisions concerning Workers’ Compensation. This summer has been notably barren in terms of workers’ compensation cases reaching the Third Department.
Read full edition →Understanding Workers' Compensation: What is it?
I’ve realized in my last few newsletters we’ve discussed different workers’ compensation issues but we’ve never actually discussed what workers’ compensation *is* or how it started.
Read full edition →When Your LinkedIn Post on Workers' Comp Gets Zero Love
As a self-proclaimed workers' compensation enthusiast (if there is such a thing), I recently took to LinkedIn in search of inspiration for my next blog post. I posted a simple query asking if anyone had a workers’ compensation topic they wanted to learn more about.
Read full edition →The Unseen Challenges of Re-Attaching to the Labor Market
It is indeed a slow summer for the Supreme Court of the State of New York, Appellate Division, Third Judicial Department. Today the Court only issued one decision, and it was not related to Workers’ Compensation.
Read full edition →What Every Worker Needs to Know About Reporting Workplace Injuries
Yet another week has gone by without a decision from the New York Supreme Court Appellate Division on a Workers’ Compensation issue.
Read full edition →Navigating Wage Replacement Benefits: Insights from Recent Cases
To all of those who subscribed to this newsletter, please accept my most sincere thank you. This week, I hoped to provide you with an update and analysis on the workers' compensation cases issued by the New York Supreme Court Appellate Division.
Read full edition →Updates and Insights into Workers' Compensation: Keeping You Informed
As an experienced and knowledgeable workers' compensation attorney and advocate for injured workers, I am thrilled to welcome all of my recent connections who have accepted my requests.
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