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 depositions and further court appearances. Often, upon hearing the word “compromise,” a judge will automatically …

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