Dustin W. Osborne, Author at Workers' Compensation Defense

June 24, 2019 Disability Benefits / New York

Credit on SLU Payments and Recovery of a Third-Party Action Lien: Why They Live Together in Perfect Harmony

In New York, Workers’ Compensation Law Section 15(4-a) provides a carrier the right to take a credit against a subsequently determined schedule award for disability payments that have already been received for the same injury. This is relatively common knowledge in the world of workers’ compensation, and this credit is never met with much pushback from claimant’s counsel – unless, of course, a third-party action is involved.

Under Workers’ Compensation Law Section 29, the carrier is permitted both a recovery of benefits previously paid – …

January 7, 2019 Uncategorized

The Holidays are Over. Is Your Office Party Injury Compensable?

Employers throw annual parties for the employees to commemorate another successful year. Of course, once the music starts going and the drinks start flowing, the employers are left with an annual headache of a question – are employees that were injured in relation to these festivities covered under Workers’ Compensation?

While compensability for office party injuries is a highly fact-intensive determination, claimants usually emerge victorious. Generally, even if the party was held off of the office premises, a fact-finder will rule in favor of the …

May 7, 2018 Opioids

Part Two: The Growing Costs of Opioids in the Workplace – An NHL Tragedy

Welcome to our second installment of a three part series discussing Derek Boogaard, a former National Hockey League (NHL) player that died from an accidental drug overdose after leaving rehab. In the first part our series, we discussed Boogaard’s career in the NHL, his tragic death, and the tension that exists as a result of an employee’s prescription drug use and the employer’s oversight of said use. Here, we will discuss the deluge of litigation that occurred as a result of Boogaard’s death, including breach …

April 24, 2018 Opioids

Part One: The Growing Costs of Opioids in the Workplace – An NHL Tragedy

Over the coming weeks we will be delving into the lengthy saga that involves Derek Boogaard, his estate, the National Hockey League (the NHL), and the National Hockey League Players’ Association (the NHLPA).

This first installment of our three part series will lay the foundation of Boogaard’s career in the NHL, his tragic death, and the tension that erupted as a result of an employee’s prescription drug use and the employer’s oversight of said use. The second installment will discuss the deluge of litigation that …

August 3, 2017 Average Weekly Wages / New York

Waging the War of Wages: Board Revises Employer’s Statement of Wage Earnings (Form C-240)

On June 19, 2017, the Office of the Chair of the Workers’ Compensation Board in New York issued an official Revision of Employer’s Statement of Wage Earnings — at parties, it simply goes by the Form C-240. For the most part, the Form C-240 has stayed true to its roots: it is still required where an injured worker may be entitled to compensation or death benefits, it still demonstrates the claimant’s wage earnings for the 52 weeks prior to the date of injury, and it …

April 26, 2017 New York

The Interweb of Lies: Why Employers May Want to Look a Little Closer at Claimants’ Job Searches

Stop the presses — the majority of job applications are completed online now!

Obviously, this comes as no surprise in the realm of New York Workers’ Compensation Law — the Full Board Panel handled this precise issue in Matter of Suffolk County Health Services (2016 NY Wrk. Comp. 0713095). Ultimately, the Full Board slightly modified the landmark decision of American Axle and determined that, when applying online, the claimant must either:

Provide a confirmation e-mail or reference number; or
If no such evidence is available,