There were three new 3rd Dept. cases of note from yesterday (two workers’ compensation cases and another relevant case): Hurley v. Lawrence School District. This case would seem to be self-evident. The claimant, a special...more
Four workers’ compensation decisions came down from the Appellate Division Thursday, May 29. It was a mixed bag: two good for defense, two not so much....more
The lone decision from the 3rd Dept today is very harsh. In Matter of Coyle v. W & W Steel Erectors, the 3rd Dept. affirmed the Board Panel’s decision to reject an appeal as late, despite the basis for the appeal being a...more
Attached are three 3rd Dept decisions released Thursday, 5/1/25: Pressimone v. NYCHA. Cautionary tale. Here, there was a deadline set for medical depositions....more
This decision was released by the 3rd Dept. on Thursday 4.10.25: We see this situation happen from time to time. A First Report of Injury (FROI) is initially filed – “Lost Time with No Paid Indemnity” and the Agreement to...more
The WC Appellate Roundup for 3/28/25 is as follows: Augone v. Shop & Stop: Claimant, a grocery store clerk, was found not to have violated Sec. 114-a for a willful misrepresentation when he said to his doctors that he,...more
Last week, three Appellate Division decisions were made that will affect New York Workers’ Compensation matters: 1. Giesselmann v. Rotterdam Steel, LLC CV-23-1921 . This was a good decision from the 3rd Dept., affirming a...more
Big change in New York regarding psych claims, effective January 1, 2025. A WORKER files a claim for mental injury premised upon extraordinary work-related stress incurred AT WORK, the board may not disallow the claim...more
This week, the 3rd Department decided on 3 cases on June 27, 2024. Learn more about each of these cases below. DeWolf v. Wayne County. In this occupational hearing loss claim, the Law Judge initially found for the...more
This week appeared to be a busy docket for New York workers’ compensation cases. The 3rd Dept. released four opinions on Thursday May 30, 2024. Read their summaries below. Garofalo v. Verizon CV-23-1298....more
Two new Appellate Division cases were released on Thursday, May 16, 2024, involving New York Workers’ Compensation....more
On March 21, the 3rd Department delivered four new rulings. Learn more below. Kaminski v. Integrated Structures, CV-22-2295 (3rd Dept. 3/21/24) - The Appellate Division affirmed the Board’s decision to deny a carrier’s 2nd...more
3/26/2024
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Collateral Estoppel ,
Construction Workers ,
Disability ,
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Medical Records ,
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Public Transportation ,
Workers' Compensation Claim ,
Workplace Injury
On Thursday, March 14, the 3rd Dept. released two new decisions that are important for New York workers’ compensation cases. Learn more below....more
Yolas v. NYCTA, 3rd Dept. 2/22/24 CV-22-1903 - The 3rd Dept. issued a good decision on a Sec. 114-a violation. In this decision, the Court did not buy the “good days and bad days” argument to explain away why the petitioner...more
Delaware and New York have released the 2023-2024 workers' compensation temporary disability benefit rates based on the statewide average weekly wage. These rates take effect July 1, 2023....more
Offering an in-depth look, the New York version of this program will examine what cases have influenced workers’ compensation matters in 2022. Weber Gallagher attorneys Ted Eder, Tom Park, and James French will then look at...more