Category Archives: New York

Understanding the Exclusivity Provision Defense to Co-Worker Claims in New York

Two employees of the same college are leaving work for the day. While using a crosswalk across a campus road one of the employees is struck by the second employee’s car, sustaining injuries. Can the injured employee sue his colleague for damages or is his civil action barred by New York’s exclusivity provision (Workers’ Compensation Law Section 11)? Continue reading Understanding the Exclusivity Provision Defense to Co-Worker Claims in New York

LOIS Attorneys Prevail on Appeal Regarding Meaningful Job Search

Partner Declan Gourley recently won an appeal that defines what a good faith effort and a “meaningful work search” is for a highly-qualified claimant. By winning this appeal, all money benefits were terminated! This decision illustrates the value of a carefully-prepared cross examination when challenging the validity of a work search conducted by the claimant.

Relevant Facts

The claimant, a registered nurse, sustained a work-related injury while lifting an oxygen tank on November 5, 2012. An IME was conducted by Dr. Pagano, who opined that the claimant had reached MMI and had no more than a mild disability. Dr. Pagano found that the claimant could return to work with a 50-pound lifting restriction. The carrier raised the issue of labor market attachment and directed the claimant to produce evidence of her search for work. At the next hearing, the WCLJ directed the carrier to suspend payments because the claimant did not attend a hearing held and failed to produce the directed work search evidence. Continue reading LOIS Attorneys Prevail on Appeal Regarding Meaningful Job Search

Video: Jamaica Hearing Point Goes Virtual

On December 3, 2018, the Jamaica hearing point goes “virtual.” This hearing point serves the Bronx and Queens and is the largest single hearing point in the New York workers’ compensation system. This transition to virtual hearings caps off a year-long project by the Board to roll out virtual hearings across the State and make attorney check in through the virtual hearing system mandatory across the entire system. Lois Attorneys Joe Jones (left), Declan Gourley (center), and John Marzolla (right) present a roundtable discussion on what this means for employers and carriers.

Continue reading Video: Jamaica Hearing Point Goes Virtual

Download PDF Edition of 2019 New York Workers’ Compensation Handbook

New York Workers' Compensation Law Handbook 2019 Edition
Cover of the New York Workers’ Compensation Law Handbook, 2019 Edition. Guide for employers and carriers to New York workers’ compensation law.
This is the PDF (Adobe Acrobat) version of “New York Workers’ Compensation Law – 2019 Edition” by Gregory Lois. This is the most practical, up-to-date and easy-to-understand guide to New Jersey workers’ compensation claims available. This book is designed for employers, attorneys, claims adjusters, physicians, self-insured employers and vocational rehabilitation workers. This guide is written in plain English by a New Jersey attorney and provides a detailed analysis of relevant statutes and regulations; a complete recap of recent court decisions; and a full description of current practice and procedure. This book provides a behind-the-scenes look at the complicated issues and makes the law understandable for business owners.

A comprehensive description, including a list of what was updated since the last edition and complete chapter list is here.

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Video: How Attorneys Evaluate Claims for Exposure in New York

This is the video from our November 19, 2018 live webinar presented by attorneys John Marzolla and Tim Kane. The experienced workers’ compensation defense attorneys discuss their approaches to evaluating New York workers’ compensation claims for exposure.

Continue reading Video: How Attorneys Evaluate Claims for Exposure in New York