Benjamin Bagenski

All articles by Benjamin Bagenski

 

Leveraging Compromises in the New York Workers’ Compensation System

Compromises are a vital and frequent part of the workers’ compensation litigation process. However, one should take care to avoid negotiating them out of habit. With two doctors giving irreconcilable opinions, parties will often agree to split benefits straight down the middle in lieu of litigation. Sometimes, such as when both parties concede partial disability and are within a close margin, this is a helpful way to allay costs of
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A Claimant’s Prioritization Towards Settlement

From the inception of a workers’ compensation claim, it is moving towards its conclusion, be that classification, a schedule loss of use award, or a settlement. A defense attorney will be working to move the claim towards an ideal conclusion reducing the exposure of their client. A claimant, however, will have other, often unpredictable, goals to their workers’ compensation claim. A claimant will, by nature, focus on only aspects of
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