New York Workers’ Compensation Law Archives - Workers' Compensation Defense

March 16, 2020 Disability Benefits / New York

Practice Tips and Tactics Involving Additional Providers in New York

On January 1, 2020, additional medical providers have been authorized to treat claimants under the New York State workers’ compensation system. Physicians, chiropractors, podiatrists, and psychologists are joined by physical therapists, occupational therapists, physician’s assistants, nurse practitioners, licensed clinical social workers, and acupuncturists as Board-authorized providers. Not all approved providers have blanket approval from the Board, though. The differences in approval of the expanded providers give the carriers and self-insured employer the upper hand in some situations under New York State workers’ compensation.

Of note, …

February 18, 2020 Legislation / New York

Obtaining and Maintaining Proper Working Papers – It’s No Minor Task

Prior to hiring a minor (an employee who is under the age of 18), an employer has an obligation to obtain the minor’s employment certificate or permit issued in accordance with the education law (commonly referred to as “working papers”). Prior to the minor starting work, the employer must file this certificate at the place of the minor’s employment so that it may be readily accessible to any person authorized by law to examine such a document.

If a minor is injured while on the …

February 10, 2020 Medical Expenses / New Jersey

Medication and Transportation (M&T) Reimbursement in New York: A Primer

New York Workers’ Compensation Law (WCL) dictates that an injured worker is entitled to reimbursement for certain expenses relating to an established compensable claim. WCL Section 13(a) provides that an employer is obligated to provide an injured employee with such medical, surgical, or other attendance or treatment as the nature of the injury or the process for recovery may require. In kind, courts have ruled that transportation costs incurred in connection with medical treatment are compensable if reasonable, and that the statute should be interpreted …

January 6, 2020 Average Weekly Wages / New York

Concurrent Employment – Limiting and Litigating Average Weekly Wage

Claimants may have more than one job at the time of their work incident. Pursuant to New York Workers’ Compensation Law Section 14(6), the average weekly wage can be increased if the claimant has two or more jobs at the time of the work injury. Therefore, this issue of concurrent employment is raised by a claimant, and not a carrier, because it can mean more indemnity benefits to the claimant. When concurrent employment is raised, the claimant should provide written documentary proof of concurrent employment, …

July 22, 2019 Average Weekly Wages / New York

What to Expect with Wage Expectancy: A Primer

When dealing with claims of injured workers under the age of 25, the wage expectancy statute of New York’s workers’ compensation law looms overhead that first time you calculate the claimant’s wage at the time of injury. While it does not apply in every instance, there are some ways to effectively avoid pitfalls. One major key to your defense is setting up a game plan as early as possible.

The wage expectancy provision of the workers’ compensation law was enacted in recognition of the fact …

July 22, 2019 Disability Benefits / New York

The Biggest Loser: How to Handle Requests for Causally Related Bariatric Bypass Surgery

Under the New York State workers’ compensation law, an employer or carrier “shall promptly provide for an injured employee such medical, surgical, optometric or other attendance of treatment . . . for such period as the nature of the injury or the process of recovery may require.” This is a pretty general requirement, but it opens the door to a new question: what happens when an injured worker requires back surgery, but is not a candidate because he or she is overweight? They have two …

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 14, 2019 General / New York

Jurisdictional Speed Bumps in the Trucking Industry

When are Claims Compensable in New York Workers’ Compensation Law?

Workers’ Compensation claims are usually straight-forward – a claimant is injured on the job and brings a claim for benefits. Sometimes, though, claims are not always that simple at the outset. A claimant may live in one state, and be injured in a different state, while working for an employer whose base is in a third state. These situations can often arise in the trucking industry, and can leave employers wondering where the claimant will …

December 24, 2018 Average Weekly Wages / New York

Average Weekly Wage Calculation

Average weekly wage (AWW) can be a significant factor in determining a carrier’s exposure in a workers’ compensation case in New York because it is the basis for indemnity benefits calculation for the duration of the case. The compensation rate on a case is two-thirds of the AWW, subject to a statutory cap.

There are several methods for calculating AWW in New York. New York Workers’ Compensation Law (WCL) § 14 controls, and there is extensive case law from the New York Workers’ Compensation Board …