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
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Compensability of Stress Claims Based On Workplace Harassment

One of the more frustrating areas of Workers’ Compensation law is stress claims. Often, the extent of a claimant’s disability is based solely on their subjective complaints because there is no apparent physical disability. Doctors are sympathetic to their patients and readily determine that their work environment is the source of their stress. This can be difficult to defend against, especially when the evidence suggests that the claim arises from
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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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