All posts by Kristen Kapur

Appellate Division Clarifies Rule on Reimbursements to Family Members Providing Home Health Care

Kristen Kapur, Esq.On July 13, 2017, the Supreme Court of New York, Appellate Division, Third Department, issued a decision clarifying the rule that reimbursements for home health services provided by family members are payable directly to the claimant.

In Matter of Buckner v. Buckner & Kourofsky, LLP, 152 AD3d 921 (2017), the claimant, after having had a claim established for multiple work-related injuries resulting from a stroke, was classified with a permanent total disability. The claimant required home health care services, some of which were provided by his wife.

In a Notice of Decision following claimant’s classification, the Workers’ Compensation Law Judge (WCLJ) directed the carrier to reimburse claimant’s wife directly for home health care services she provided.

The claimant appealed, asserting that the award for reimbursement of home health services provided by his wife was payable directly to him. The Board affirmed the WCLJ’s decision. Continue reading Appellate Division Clarifies Rule on Reimbursements to Family Members Providing Home Health Care