Weekly analysis of New York Workers' Compensation Board decisions by Levi A. Grosswald, Esq.https://levigrosswaldlaw.com/en-us© 2026 Levi A. Grosswald, Esq.https://levigrosswaldlaw.com/workers-compensation-defense-playbook-decoded/https://levigrosswaldlaw.com/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.Thu, 07 May 2026 00:00:00 GMTcase noteimemental injuryback & neckemployee classificationwage replacementLGrosswald@fmelaw.com (Levi A. Grosswald, Esq.)https://levigrosswaldlaw.com/critical-updates-to-ny-workers-compensation-no-touch-law-medicare-msa-shift-rate-change/https://levigrosswaldlaw.com/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.Mon, 23 Jun 2025 00:00:00 GMTstatutory updatesno-touch lawmedicare msarate changeLGrosswald@fmelaw.com (Levi A. Grosswald, Esq.)https://levigrosswaldlaw.com/new-york-workers-compensation-transforms-tdi-reform-mental-health-coverage-medical-access/https://levigrosswaldlaw.com/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.Wed, 18 Jun 2025 00:00:00 GMTstatutory updatestdi reformmental healthmedical accessLGrosswald@fmelaw.com (Levi A. Grosswald, Esq.)https://levigrosswaldlaw.com/new-york-disability-shakeup-why-tdi-reform-and-telehealth-matter-in-workers-compensation/https://levigrosswaldlaw.com/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.Tue, 17 Jun 2025 00:00:00 GMTpractice notetdi reformtelehealthLGrosswald@fmelaw.com (Levi A. Grosswald, Esq.)https://levigrosswaldlaw.com/what-you-need-to-know-about-new-york-workers-comp-may-29-2025-case-updates/https://levigrosswaldlaw.com/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).Thu, 29 May 2025 00:00:00 GMTcase notethird departmentsection 114-afraudLGrosswald@fmelaw.com (Levi A. Grosswald, Esq.)https://levigrosswaldlaw.com/legislation-s-6635-a-5745-taking-the-stress-out-of-mental-stress-claims/https://levigrosswaldlaw.com/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.Sun, 18 May 2025 00:00:00 GMTstatutory updatesmental healthptsds.6635LGrosswald@fmelaw.com (Levi A. Grosswald, Esq.)https://levigrosswaldlaw.com/recent-court-rulings-on-workplace-injuries-martinez-and-gunness-cases/https://levigrosswaldlaw.com/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.Sun, 18 May 2025 00:00:00 GMTcase notecovid-19consequential injuryLGrosswald@fmelaw.com (Levi A. Grosswald, Esq.)https://levigrosswaldlaw.com/navigating-work-related-injuries-insights-from-recent/https://levigrosswaldlaw.com/navigating-work-related-injuries-insights-from-recent/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.Fri, 13 Dec 2024 00:00:00 GMTpractice noteschedule loss of useimeshoulderkneewage replacementLGrosswald@fmelaw.com (Levi A. Grosswald, Esq.)https://levigrosswaldlaw.com/labor-market-attachment-when-job-hunting-becomes-legal/https://levigrosswaldlaw.com/labor-market-attachment-when-job-hunting-becomes-legal/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.Thu, 05 Dec 2024 00:00:00 GMTcase notelabor market attachmentimemental injuryback & neckLGrosswald@fmelaw.com (Levi A. Grosswald, Esq.)https://levigrosswaldlaw.com/october-24-2024-case-analysis-report/https://levigrosswaldlaw.com/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.Thu, 24 Oct 2024 00:00:00 GMTcase noteimemental injuryshoulderback & neckkneeLGrosswald@fmelaw.com (Levi A. Grosswald, Esq.)https://levigrosswaldlaw.com/injured-work-key-case-insights-keep-you-educated/https://levigrosswaldlaw.com/injured-work-key-case-insights-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.Fri, 11 Oct 2024 00:00:00 GMTcase noteimecausationback & neckintoxicationemployee classificationLGrosswald@fmelaw.com (Levi A. Grosswald, Esq.)https://levigrosswaldlaw.com/workers-compensation-case-review/https://levigrosswaldlaw.com/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!Thu, 03 Oct 2024 00:00:00 GMTcase noteschedule loss of useimecausationback & neckkneeLGrosswald@fmelaw.com (Levi A. Grosswald, Esq.)https://levigrosswaldlaw.com/not-so-happy-hour-workers-compensation-unlikely-places/https://levigrosswaldlaw.com/not-so-happy-hour-workers-compensation-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…Sun, 29 Sep 2024 00:00:00 GMTcase noteimeback & neckconstructionrestaurantLGrosswald@fmelaw.com (Levi A. Grosswald, Esq.)https://levigrosswaldlaw.com/brief-update-case-indexing/https://levigrosswaldlaw.com/brief-update-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!Tue, 24 Sep 2024 00:00:00 GMTcase noteimewage replacementLGrosswald@fmelaw.com (Levi A. Grosswald, Esq.)https://levigrosswaldlaw.com/marys-story-cautionary-tale/https://levigrosswaldlaw.com/marys-story-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.Fri, 13 Sep 2024 00:00:00 GMTcase noteimeback & neckfdny-emsLGrosswald@fmelaw.com (Levi A. Grosswald, Esq.)https://levigrosswaldlaw.com/understanding-workers-compensation-what/https://levigrosswaldlaw.com/understanding-workers-compensation-what/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.Fri, 30 Aug 2024 00:00:00 GMTpractice noteimeback & neckemployee classificationwage replacementfdny-emsLGrosswald@fmelaw.com (Levi A. Grosswald, Esq.)https://levigrosswaldlaw.com/when-your-linkedin-post-workers-comp-gets-zero-love/https://levigrosswaldlaw.com/when-your-linkedin-post-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.Fri, 23 Aug 2024 00:00:00 GMTpractice noteimeback & neckLGrosswald@fmelaw.com (Levi A. Grosswald, Esq.)https://levigrosswaldlaw.com/unseen-challenges-re-attaching-labor-market/https://levigrosswaldlaw.com/unseen-challenges-re-attaching-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.Thu, 15 Aug 2024 00:00:00 GMTcase notelabor market attachmentimeshoulderback & neckpartial disabilityLGrosswald@fmelaw.com (Levi A. Grosswald, Esq.)https://levigrosswaldlaw.com/what-every-worker-needs-know-reporting-workplace/https://levigrosswaldlaw.com/what-every-worker-needs-know-reporting-workplace/Yet another week has gone by without a decision from the New York Supreme Court Appellate Division on a Workers’ Compensation issue.Fri, 09 Aug 2024 00:00:00 GMTcase noteimelate noticefdny-emsLGrosswald@fmelaw.com (Levi A. Grosswald, Esq.)https://levigrosswaldlaw.com/navigating-wage-replacement-benefits-insights-from-recent/https://levigrosswaldlaw.com/navigating-wage-replacement-benefits-insights-from-recent/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.Thu, 01 Aug 2024 00:00:00 GMTcase noteimeback & neckkneewage replacementmtaLGrosswald@fmelaw.com (Levi A. Grosswald, Esq.)