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Compliance Analysis: N.Y. Voluntary Withdrawal from Labor Market
Compliance Analysis: N.Y. Voluntary Withdrawal from Labor Market

Albany, NY (WorkersCompensation.com) -- Generally, a claimant who voluntarily withdraws from the labor market is not entitled to workers' compensation benefits. The claimant will have to demonstrate that her disability caused or contributed to the […]
Cheat Sheet: What are the Exceptions to N.Y. ‘Coming and Going’ Rule?
Cheat Sheet: What are the Exceptions to N.Y. ‘Coming and Going’ Rule?

New York, NY (WorkersCompensation.com) -- The general rule in New York workers’ compensation law is that an employee is not entitled to benefits for an injury that occurs on the way to or from work. […]
N.Y. Iron Worker’s Doctors Showed his Fall Exacerbated Existing Injury
N.Y. Iron Worker’s Doctors Showed his Fall Exacerbated Existing Injury

Flushing, NY (WorkersCompensation.com) – If an employer believes that an accident that occurred at work was not the cause of a worker’s claimed injury, it’s vital for the company to challenge the worker’s medical testimony […]
What Do You Think: Was N.Y. Detective Trashed by Truck ‘In Course of Employment?’
What Do You Think: Was N.Y. Detective Trashed by Truck ‘In Course of Employment?’

Stonybrook, NY (WorkersCompensation.com) – Employees are usually not entitled to workers’ compensation benefits for injuries that occur on their way to work. But as a case involving a detective struck by a truck on the […]
What Do You Think: Was Physical Therapist’s ‘Stress Event’ Physical Injury?
What Do You Think: Was Physical Therapist’s ‘Stress Event’ Physical Injury?

Albany, NY (WorkersCompensation.com) – It’s much easier for an employee to obtain workers’ compensation benefits in New York for a physical injury than for a “psychic” or mental injury. But what if a physical injury […]
Probation Officer Can’t Sue Sheriff Over Hearing Damaged in Training Exercise
Probation Officer Can’t Sue Sheriff Over Hearing Damaged in Training Exercise

Goshen, NY (WorkersCompensation.com) – In New York, the state’s Worker’s Compensation Law bars fellow employees from suing one another for negligence or wrongful death. As one case shows, however, whether two employees work for the […]
Wife Can’t Link Husband’s COVID Death to Workplace
Wife Can’t Link Husband’s COVID Death to Workplace

New York, NY (WorkersCompensation.com) – Many states, including New York, created a specific standard for determining whether an individual infected by COVID-19 can tie that injury to their employment.As one case shows, it’s not enough […]
IME Status Renders N.Y. Doctor’s Testimony, Reports Inadmissible
IME Status Renders N.Y. Doctor’s Testimony, Reports Inadmissible

New York, NY (WorkersCompensation.com) -- How much does medical treatment have to look like an independent medical examination to officially count as an IME? In Feldman v. New York City Transit Authority, 2023 WL 3099529 […]