News & Analysis as of

Workers' Compensation Claim New York

Weber Gallagher Simpson Stapleton Fires &...

Surveillance, Attorney Fees, and Employment Status: Recent 3rd Dept. Decisions

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

Goldberg Segalla

Another Win for Professional Employer Organizations at New York Third Department

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Another day, another chapter in the evolving world of New York Workers’ Compensation for Professional Employer Organizations (PEOs). As discussed in prior updates, this decision follows the foundational Third Department...more

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Court Highlights Distinction Between Pre- and Post-Retirement Benefits and Workers’ Compensation Carrier’s Reimbursement Rights...

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The recent New York Court of Appeals decision in Matter of Schulze v. City of Newburgh Fire Department (April 10) has significant implications for municipal employers and workers’ compensation insurance carriers in New York,...more

Weber Gallagher Simpson Stapleton Fires &...

New York Workers’ Compensation Appellate Roundup – May 2025

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

Weber Gallagher Simpson Stapleton Fires &...

New York Workers’ Compensation Appellate Roundup – March 2025

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

Ogletree, Deakins, Nash, Smoak & Stewart,...

New York Amends the Warehouse Worker Injury Reduction Act

On February 14, 2025, New York Governor Kathy Hochul signed into law amendments to the New York Warehouse Worker Injury Reduction Act (A2432/S808)....more

Weber Gallagher Simpson Stapleton Fires &...

Three Appellate Division Decisions Affecting New York Workers’ Compensation

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

Goldberg Segalla

Fraud Doesn’t Pay in New York – November 2024 Update

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As a part of our Quarterly Practice Group Update, we are pleased to produce yet another installment with examples of our continued success in the area of fraud litigation. ...more

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Defending HIMP-1 Claims: Top Things to Know

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In New York State, the Health Insurance Matching Program – widely known as HIMP – provides means for a claimant’s private health insurer to seek reimbursement for treatment they believe a workers’ compensation carrier or...more

Goldberg Segalla

Fraud Doesn't Pay in New York – August 2024 Update

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As a part of our Quarterly Practice Group Update, we are pleased to produce our latest installment of our continued success in fraud litigation. This report was originally conceptualized three years ago as a one-time...more

Weber Gallagher Simpson Stapleton Fires &...

New York Workers’ Compensation Ruling Roundup – June 2024

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

Weber Gallagher Simpson Stapleton Fires &...

New York Workers’ Compensation Ruling Roundup – May 2024

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

Weber Gallagher Simpson Stapleton Fires &...

New York Workers' Compensation Ruling Roundup - May 2024

Two new Appellate Division cases were released on Thursday, May 16, 2024, involving New York Workers’ Compensation....more

Goldberg Segalla

[Webinar] Risk Transfer, Employer Liability, and Grave Injuries: Who Is Going to Pay? - May 15th, 12:00 pm - 1:00 pm EDT

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While this webinar will focus primarily on the New York construction aspect of risk transfer, it will be helpful for anyone dealing with risk-transfer issues. The presenters will also discuss activating the employer-liability...more

Weber Gallagher Simpson Stapleton Fires &...

New York Workers' Compensation Ruling Roundup - March 2024

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

Goldberg Segalla

[Webinar] How to Defend a Workers’ Compensation Provider Dispute Brought in the No-Fault Arena - February 27th, 12:00 pm - 1:00 pm...

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Don’t you hate it when a medical provider contests a billing dispute in the NY No-Fault arena, with its provider-friendly rules, when the provider knows (or should have known) that billing disputes in workers’ compensation...more

Goldberg Segalla

Professional Employer Organizations See Rare Workers’ Compensation Coverage Win at New York Third Department

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Key Takeaways - The New York Third Department for the first time found no coverage on the part of Professional Employer Organizations for a non-leased employee Professional Employer Organizations must continue to provide...more

Goldberg Segalla

[Webinar] Mitigating Workers’ Compensation Exposure for New York Employers - November 3rd, 11:00 am - 12:00 pm EDT

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In workers’ compensation, it may seem like the deck is stacked against the employer. However, there are still plenty of ways to mitigate your exposure. Join Goldberg Segalla partner Philip Unwin for this complementary webinar...more

Goldberg Segalla

New York Workers’ Compensation Form Filing Update: Section 21-a and Claims Paid Without Liability

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Key Takeaways - A recent update from the New York Workers’ Compensation Board (WCB) may impact your exposure when accepting claims without liability under Section 21-a. For many of our clients, this may increase indemnity...more

Goldberg Segalla

New York’s Minimum Weekly Workers’ Comp Benefits to Increase Under New Law

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Key Takeaway - The minimum weekly compensation for individuals receiving workers’ compensation benefits will soon increase under legislation signed by New York Gov. Kathy Hochul. Hikes in the minimum weekly compensation...more

Weber Gallagher Simpson Stapleton Fires &...

[Webinar] Emerging Trends in Medical Marijuana and Workers' Compensation Laws - August 2nd, 1:00 pm - 2:00 pm ET

Join us for an informative webinar with our workers' compensation attorneys as we delve into the dynamic landscape of medical marijuana and its implications in workers' compensation claims in four key states: New Jersey,...more

Goldberg Segalla

[Webinar] Risk Transfer, Employer Liability, and Grave Injuries: Who Is Going to Pay? - June 14th, 12:00 pm - 1:00 pm EDT

Goldberg Segalla on

While this webinar will focus primarily on the New York construction aspect of risk transfer, it will be helpful for anyone dealing with risk-transfer issues. The presenters will also discuss activating the employer-liability...more

Chartwell Law

The Chartwell Chronicles: Medical Provider Claims

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In Episode 8 of The Chartwell Chronicles, hosts Colin Davis and Brittany Atkinson are joined by special guest Joseph Raffanello to discuss the rise of medical provider claims and the issues that arise from claims for out of...more

Fisher Phillips

New Laws for New York Employers in a New Year: What You Need to Know as 2023 Unfolds

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After a few years of rapid and expansive change to New York’s workplace laws, involving adjustments to workplace safety, employee pay, benefits, and privacy, there was a noticeable slowdown for the state legislature this past...more

Weber Gallagher Simpson Stapleton Fires &...

[Webinar] New York Workers’ Compensation: Year in Review & Emerging Trends in Workers' Compensation - December 13th, 1:00 pm -...

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

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