Category Archives: Workers Compensation

Raising Fraud: No Prior Disclosure Needed for Social Media Posts in New York

What happens when the carrier provides publicly available social media evidence as a basis for fraud and the claimant subsequently makes the social media posts private?  LOIS was recently successful in arguing that prior disclosure of social media evidence obtained by the employer is not required and that an employer/carrier can introduce “private” social media evidence into the case and using it to cross-examine the claimant. Continue reading Raising Fraud: No Prior Disclosure Needed for Social Media Posts in New York

Don’t Forget! July 1st maximum rate change in New York.

New York’s maximum compensation rate – for temporary total disability and permanent total disability – will go up effective July 1st to $870.61. The new, higher rate will be in effect until June 30, 2018.

How is the New York Maximum benefit Rate Calculated?

The maximum weekly benefit rate for workers’ compensation claimants is two-thirds of the New York State average weekly wage for the previous calendar year, as determined by the New York State Department of Labor (Workers’ Compensation Law §§ 2(16);15(6)).

The Department of Labor reported to the Superintendent of the Department of Financial Services that the New York State average weekly wage for 2016 was $1,305.92. Accordingly, the maximum weekly benefit rate is $870.61 for compensable lost time for workers’ compensation claims with dates of accident during the period from July 1, 2017 through June 30, 2018. Continue reading Don’t Forget! July 1st maximum rate change in New York.

The Going and Coming Defense in New Jersey Workers’ Compensation Claims

Attorneys Karen Vincent and Joe Jones will discuss the issues surrounding off-premises accidents. They will address injuries arising during commutes to work, paid travel time, and business travel. The two litigators will discuss various fact scenarios as examples of when an off-premises injury will be and will not be considered compensable by the courts. At the end of the presentation attendees will have a basic understanding of the “Going and Coming” defense under the New Jersey Workers’ Compensation Act and case law.

Subject: New Jersey, Workers’ Compensation Law, Going and Coming, Off Premises
Date Presented: June 26, 2017
Presenter(s): Karen Vincent, Esq. and Joe Jones, Esq.
Run time: 14:20 Continue reading The Going and Coming Defense in New Jersey Workers’ Compensation Claims

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

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