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.
New York is replacing in-person hearings with “Virtual Hearings” held via web conference. LOIS Attorneys Tashia Rasul, Esq., Declan Gourley, Esq., and Christian Sison, Esq., discuss the impact of virtual hearings in New York workers’ compensation claims, particularly in regards to what this means for claims handling, claim defense, and costs.
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.
Lois Law Firm obtained a Board Panel Decision on May 11, 2018 affirming the law judge’s decision to disallow a claim on the substantive merits of the claim, but the Board also (for the first time) specifically ruled that the employer’s Pre-hearing Conference Statement was sufficient on its face to assert and maintain all defenses. In addition, the Board also determined that the PH-16.2, as submitted, was sufficient to permit the production of an employer witness that was not specifically requested in the PH-16.2.