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.
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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
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New York’s 2017 Workers’ Compensation Reforms: What They REALLY Mean for Employers and Carriers

When New York’s 2017 budget recently passed — bringing some significant changes to the state’s Workers’ Compensation Law with it — a great deal of misinformation as to how those changes would impact employers and insurers followed in its wake. Importantly, the passage of reforms as part of the budget did not include Senate Bills S4014, S4554, S4520, or S4345. Rather, changes were made as part of the budget bill
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“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
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