Category Archives: New York

Video: The “Going and Coming” Defense in New York

Attorneys John Marzolla and Kristen Kapur will cover the “Going and Coming” rule in New York and its application to cases involving off-premises losses and travel. They will explore the basic presumptions afforded claimants under the Law and discuss applicable defenses. At the end of the presentation attendees will have a basic understanding of when the Going and Coming defense applies under the New York Workers’ Compensation Law.

Subject: New York, Workers’ Compensation Law, Defenses, Going and Coming
Date Presented: June 19, 2017
Presenter(s): John Marzolla and Kristen Kapur
Run time: 12:36 Continue reading Video: The “Going and Coming” Defense in New York

Labor Market Attachment – Third Fridays Podcast

In this episode, attorneys Christian Sison and Declan Gourley discuss the defense of “Labor Market Attachment” in New York workers’ compensation cases on the Third Fridays podcast. The attorneys discuss the impact of the changes to the law enacted by the Legislature in April 2017. Continue reading Labor Market Attachment – Third Fridays Podcast

Medical Treatment Guidelines Apply to Out of State Claimants

In a Board Panel Decision dated May 24, 2017, the Board found that the Medical Treatment Guidelines apply to the out of state treatment of a claimant residing outside of New York State. The decision in In Re Hospice is important because it reverses the Board’s previous statements that out-of-state treatment was immune from the application of the restrictive Medical Treatment Guidelines (“MTG”). This meant that New York claimants merely had to “cross the river” into New Jersey or any other state and obtain medical treatment and medications which far exceeded the treatment or medications allowed under the Medical Treatment Guidelines, needlessly increasing the costs in their cases. Now employers and carriers have a Board Panel decision supporting the argument that law judges should apply the MTG’s to out of state cases. Continue reading Medical Treatment Guidelines Apply to Out of State Claimants

New York Workers’ Compensation Reform Impact on Gaming, Thoroughbred, and Breeding Industries

Joseph MelchionneAs has been widely publicized, in April the New York State Senate passed a $153 billion state budget for 2017-2018 which included numerous reforms and changes to the state’s Workers’ Compensation laws.

The most publicized changes to the existing law have been new reforms that ensure that significantly injured workers have the right to be considered for lifetime benefits, new prescription drug formularies, and the overhaul of the New York State Medical Treatment Guidelines. The aforementioned changes have obscured less obvious or publicized provisions such as changes to the gaming, thoroughbred, and breeding industries in the state. Continue reading New York Workers’ Compensation Reform Impact on Gaming, Thoroughbred, and Breeding Industries

Video: Challenging Additional Sites of Injury in New York

Attorney Christian Sison presents strategies for defending New York claims against additional sites and consequential injuries being added later – beginning with “Day One” tactics to preserve all defenses!

Subject: New York, Workers’ Compensation Law, DFD1, #DefendFromDayOne
Date Presented: May 26, 2017
Presenter(s): Christian Sison
Run time: 21:41 Continue reading Video: Challenging Additional Sites of Injury in New York

How to: Reducing Exposure by Offering Accommodated Positions in New York

We can stop paying temporary disability benefits in New York when:

  • The claimant has reached “maximum medical improvement” and is discharged from further care.
  • The claimant has voluntarily withdrawn from the labor market.
  • The claimant has refused a light duty offer that complies with the treating doctor’s work restrictions.

​Why seek a return to work in a light duty capacity?

Employees who do not return to work (transitional or otherwise) within 6 months of the date of loss have a less than 50% chance of returning to gainful employment. Injured workers who remain out of work for more than one year but less than two years have a 25% chance of returning to employment. Workers who have lost two or more years to injury have less than a 1% chance of returning to any type of employment. This drives up claims costs and is bad for the injured worker.

The Workers’ Compensation Board envisions a process in which an employer “creates” a light duty job tailored to each injured worker. In reality, most employers have a limited amount of potential light duty employment. In those cases, the goal of the claims professional is to get a clear statement of the claimant’s work ability from the treating physician and then to issue an appropriate offer letter to the claimant. Continue reading How to: Reducing Exposure by Offering Accommodated Positions in New York