Category Archives: Defenses

Challenging Labor Market Attachment in New York

What is Labor Market Attachment

In New York, a temporarily partially disabled claimant must demonstrate an attachment to the labor market to be entitled to continuing compensation benefits. A recently filed Full Board Decision increased the claimant’s burden of proof for a sufficient finding of attachment to the labor market (Matter of Suffolk County Health Services). Raising the issue of labor market attachment is beneficial in reducing the overall exposure of the claim as it may result in a suspension of benefits due to the claimant’s failure to attach themselves to the labor market.  Also, the exposure of the claim may be reduced if the claimant is successful in finding new employment as a result of the carrier raising the issue of labor market attachment. Continue reading Challenging Labor Market Attachment in New York

Post-Webinar Video: The Going-and-Coming Defense in New Jersey

Here is the post-webinar video from our most recent presentation, “The Going-and-Coming Defense in New Jersey” which discusses legal defenses available under the New Jersey Workers’ Compensation Act and case law. To join us for our monthly webinars on New York and New Jersey workers’ compensation law, Click here to register.

Subject: New Jersey, Workers’ Compensation Law, Defenses
Date Presented: June 27, 2016
Presenter(s): Greg Lois, Esq.
Run time: 25:45
The complete archive of prior presentations is here. Continue reading Post-Webinar Video: The Going-and-Coming Defense in New Jersey

Coming and Going Rule: A Review of the New York Case Law

Injuries Commuting to Work Generally Not Compensable.

Under the New York Workers’ Compensation Law there is a presumption that if an accident occurs in the course of employment it is presumed to arise out the employment. The “coming and going rule” under the Workers’ Compensation Law states that employees are not deemed to be in the course of their employment when they are traveling to-and from-work. Additionally, the risks inherent in traveling to and from work relate to the employment only in the most marginal sense. Matter of Neacosia v. New York Power Authority, 85 NY2d 471 (N.Y. App. Div. 3d Dep’t 1995)Matter of Davis v. Labor Ready, 69 A.D.3d 1214, 1215 (N.Y. App. Div. 3d Dep’t 2010). Thus, an injury that occurs during such commuting activities is typically not compensable.  Exceptions to this general rule are recognized where there exists some reasonable nexus between the risk to which a claimant was exposed and the employment.

In that regard, only if an injury flows as a natural consequence of the employee’s duties can it be said to arise out of the employment. Similarly, for an injury to occur in the course of employment, “[i]t must have been received while the employee was doing the work for which he was employed.” Lemon v. New York City Transit Authority72 N.Y.2d 324, 326-327 (N.Y. 1988)Malacarne v. Yonkers Parking Authority, 41 N.Y.2d 189, 190 (N.Y. 1976) “A purely fortuitous coincidence of time and place is not enough. There must be a causal relationship or nexus between the accident and the employment.” Id. Continue reading Coming and Going Rule: A Review of the New York Case Law

Post-Webinar Video: The Going-and-Coming Defense in New York

Join us for our monthly webinars on New York and New Jersey workers’ compensation law. Click here to register. Here is the post-webinar video from our most recent presentation, “The Going and Coming Defense” from our New York webinar training series. The complete archive of prior presentations is here.

Subject: New York, Workers’ Compensation Law, Defenses
Date Presented: June 20, 2016
Presenter(s): Tashia Rasul, Esq., and Emily Flasz, Esq.
Run time: 18:58 Continue reading Post-Webinar Video: The Going-and-Coming Defense in New York

Post-webinar video: Common Defenses in New Jersey

Here is the post-webinar video from our most recent presentation, “Common Defenses in New Jersey” which explore some of the legal defenses available under the New Jersey Workers’ Compensation Act and case law. To join us for our monthly webinars on New York and New Jersey workers’ compensation law, Click here to register.

Subject: New Jersey, Workers’ Compensation Law, Employee-Employer, Defenses
Date Presented: May 23, 2016
Presenter(s): Joe Jones, Esq., and Michael Gervolino, Esq.
Run time: 28:47
The complete archive of prior presentations is here. Continue reading Post-webinar video: Common Defenses in New Jersey

Post-Webinar Video: Common Defenses in New York

Join us for our monthly webinars on New York and New Jersey workers’ compensation law. Click here to register. Here is the post-webinar video from our most recent presentation, “Common Defenses” from our New York webinar training series. The complete archive of prior presentations is here.

Subject: New York, Workers’ Compensation Law, Defenses
Date Presented: May 16, 2016
Presenter(s): Steven Bedoya, Esq., and Joseph Melchionne, Esq.
Run time: 23:32 Continue reading Post-Webinar Video: Common Defenses in New York