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.
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 →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 →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 →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 →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 →TDI hasn't budged from $170 per week since 1989, while telehealth for work-related injuries has quietly become permanent.
Read full edition →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 →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 →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 →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 →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 →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 →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 →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 →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 →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 →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 →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 →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 →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 →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 →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 →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.
Read full edition →New editions every Thursday. Subscribe on LinkedIn to get them in your feed and inbox automatically.
Subscribe on LinkedIn →This page last reviewed: