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

Third Fridays Podcast: Winning at Trial on Compensability


Third Fridays podcast host Christian Sison discusses the favorable Board Panel Decision with Joseph Melchionne, the trial attorney responsible for securing a key win for the firm’s client, recaps how all parties worked together to reach the common goal. Christian and Joseph detail the exact #DefendFromDay1 strategies that were used to defend the case.
Continue reading Third Fridays Podcast: Winning at Trial on Compensability

Video: What Do Virtual Hearings Mean for You?

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.


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New Board Panel Decision on Pre-Hearing Conference Statements

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.

Download the full decision here: Pabon v. Crown Energy (71 downloads)

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