Attorneys Joseph Melchionne and Greg Lois discuss defenses commonly raised in New York workers’ compensation cases. They discuss the defense of notice, statute of limitations, intoxication, and recreational loss among others.
Workers’ Compensation benefits are analogous to no fault benefits because the employee will be entitled to benefits regardless of whether the employee was negligent in causing the injury or death. By the same token, an employer’s negligence is not considered. Comparative negligence, contributory negligence, or the act of God doctrines are not applicable in determining entitlement to workers’ compensation benefits in New York. Pierce v. Young, 252 N.Y. 520 (1929).
There are some exclusions from compensation. Keep these possible defenses handy when analyzing claims. Continue reading Defenses to New York Workers’ Compensation Claims
Subject: New Jersey, Workers’ Compensation Law, Second Injury Fund
Date Presented: April 23, 2018
Presenter: Greg Lois and Karen Vincent
Run time: 21:42 Continue reading Video: The Defense of Non-Employment in New Jersey
The right to compensation for disability or death is barred unless a claim therefore is filed within one year after the injury or death. 33 U.S.C. § 913. Continue reading The Statute of Limitations in Longshore Claims
It is the claimant’s burden to establish timely notice. Notice of an injury or death for which compensation is payable must be given within 30 days after injury or death, or within 30 days after the employee or beneficiary is aware of, or in the exercise of reasonable diligence or by reason of medical advice should have been aware of, a relationship between the injury or death and the employment. 33 U.S.C. § 912(a). The claimant is provided a presumption that timely notice has been provided. Shaller v. Cramp Shipbuilding & Dry Dock Co., 23 BRBS 140 (1989). Where one injury arises out of an accident has been reported, the claimant does not have to give separate notice of other injuries resulting from the same incident. Thompson v. Lockheed Shipbuilding & Constr. Co., 21 BRBS 94 (1988). Continue reading Notice as a Defense in Longshore Claims
Subject: New York, Workers’ Compensation Law, Occupational exposure, repetitive use
Date Presented: September 18, 2017
Presenter(s): Jeremy Janis and Greg Lois
Run time: 13:52
Continue reading Video: Defending Repetitive Use and Occupational Exposure Claims in New York