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
Category Archives: 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
Reimbursement and Subrogation in New York Workers’ Compensation Cases
This is the video from our December 17, 2018 live webinar presented by attorneys John Marzolla and Greg Lois discussing reimbursement and subrogation in the context of New York workers’ compensation claims.
Continue reading Reimbursement and Subrogation in New York Workers’ Compensation Cases
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
A comprehensive description, including a list of what was updated since the last edition and complete chapter list is here.
Need multiple copies for your team? Contact Greg.
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