Goldberg Segalla, Author at Workers' Compensation Defense

May 22, 2017 New York

Lost in Translation: Proposed Changes to Interpretation for Non-English Speaking Claimants

The Workers’ Protection Coalition released a study that concludes claimants who need English language translation are not being sufficiently serviced by the current procedures of the New York Workers’ Compensation Board (WCB). Flaws in these procedures could expose claims to capricious appeals by claimant’s counsel.

Over the course of seven months, the Workers’ Protection Coalition observed approximately 500 hearings throughout New York City. The results found that 88 hearings had a claimant who required interpretive services. Of those 88, at least nine different languages were …

May 9, 2017 New York / Post-Accident Drug Testing

Post-Accident Drug Testing: Part 3 — New York

The New York Workers’ Compensation Board and courts have previously accepted that an employee’s refusal to comply with an employer-mandated drug test constituted good cause for termination and a voluntary withdrawal from the labor market. In recent years, however, the Board and courts have taken a more discerning approach regarding the enforceability of employer policies which “seek to discourage their employees from pursuing Workers’ Compensation claims.” Matter of Asem v. Key Food Stores Co-Op and Matter of Rodriguez v. C&S Wholesale Grocers, Inc., 108 AD3d …

April 17, 2017 Medical Marijuana / New York

“High Anxiety” for Carriers: Medical Marijuana Progressing in New York

For New York workers’ compensation carriers, the budding industry of medical marijuana will likely provide an interesting new set of challenges and concerns in the administration of treatment for eligible patients and injured workers.

The growing trend across the United States has recently been towards expansion of medical marijuana programs — and as of March 31, 2017, approximately 28 states, including New York, have legalized some form of medical marijuana usage. New York’s Compassionate Care Act specifically details that patients with specified conditions (cancer, HIV …