Category Archives: New York

Video: Getting the Most from Your IMEs in New York

This is the video from our October 15, 2018 live webinar presented by Tashia Rasul and Greg Lois. At the end of the presentation, attendees will have a better understanding of the use of independent medical evaluators, how to choose an examiner, and how best to prepare your IME doctor to provide you with the best report for your case.

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Video: Medical Care, Medical Marijuana, and the Non-Acute Pain Management Guidelines in New York Workers’ Compensation Cases

This is the video from our August 20, 2018 live webinar. Attorney Greg Lois discusses treatment under the Medical Treatment Guidelines in New York worker’s compensation cases.

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Video: Medical Marijuana in New York and New Jersey Workers’ Compensation Claims

Attorneys Tashia Rasul and Greg Lois discuss the recent case law developments in New York and New Jersey workers’ compensation cases involving medical marijuana. They cover the practical aspects of defending claims where medical marijuana is available, what standards the courts use when authorizing the use of marijuana, and practical aspects of paying for a substance that is on the Federal controlled substances list.

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Video: Update on the Going and Coming Defense in New York

This is the video from our June 18, 2018 webinar presentation discussing the facts of Matter of Rodriguez v New York City Tr. Auth., decided May 31, 2018, and the impact of the decision on the defense of off-premises cases in New York as well as answering questions LIVE about specific fact scenarios like this one.

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Is Income Earned Through Criminal Activity Fraud under Section 114-A?

Joseph MelchionneNew York injured workers are compensated through their employer’s workers’ compensation insurance policies for all lost time and medical treatment that is causally related to their work-related injury. However, an injured worker can be precluded from receiving continuing and prior benefits if he or she acts fraudulently for the purpose of obtaining such benefits.

New York Workers’ Compensation Law (WCL) Section 114-a governs fraud and describes significant penalties for those who are caught committing fraud such as a permanent ban on their eligibility to receive indemnity benefits and/or a permanency award. Continue reading Is Income Earned Through Criminal Activity Fraud under Section 114-A?

New Case on the “Going and Coming” Rule in New York Good for Employers and Carriers

In Matter of Rodriguez v New York City Tr. Auth., decided May 31, 2018, the Appellate Division found that the injuries sustained by a subway conductor were not compensable even though the employee was on the employer’s property at the time of loss, was wearing the uniform provided by the employer, and was using a “free pass” provided by the employer to travel to the final work location. The Appellate Panel found that the claimant’s injuries were the result of a normal commute and therefore were not compensable, even though she was attacked after refusing to allow a turnstile jumper access to the station she was traveling through.

We will be presenting a live webinar today, June 18th at 12PM EST and 3PM EST discussing the facts of this case and the impact of the decision on the defense of your off-premises cases in New York as well as answering questions LIVE about specific fact scenarios like this one. Please feel free to join me for one of the sessions or to invite a member of your team at {{company_name}} to jump in. Here’s the link to register for either session: http://loisllc.com/webinars/register-for-webinars/

What is the “Going and Coming Rule”?

Employees are not deemed to be in the course of their employment when they are traveling to- and from-work. This rule of thumb is referred to as the “going-and-coming rule” or the “portal-to-portal” rule. Basically, there is no door-to-door coverage: the risk of travel to and from work is not distinctly related to any specific employment, and so is generally considered not arising out of and in the course of any particular employment.

​Exceptions to the Going-and-Coming Rule

Of course, there are exceptions. For example:

  • Outside workers – like traveling salesmen – who do not work at a fixed location and are required to travel between work locations. (See Bennett v. Marine Works, 273 N.Y. 429 [1937]).
  • Special errands – being sent by the employer to do something specific (and work-related). (See Neacosia v. New York Power Auth., 85 N.Y.2d 471 [1995]).
  • Paid travel expenses – where an employee is paid to use their own car for work-related travel, an injury occurring during that travel may be found to be compensable.
  • Some home office situations – the WCB recognizes that it is not unusual for management and professional workers to have home office with links to the employer’s office, making injuries in those locations compensable.
  • Entering or leaving the employer’s premises – in particular, injuries sustained while the employee is entering the worksite have been held compensable where the entrance to the worksite posed a special hazard. (See Bigley v. J & R Music Elec., 702 N.Y.S.2d 474 [3d Dep’t 2000].)

Continue reading New Case on the “Going and Coming” Rule in New York Good for Employers and Carriers