New York’s workers’ compensation laws don’t require drug or alcohol testing on injured workers as part of the claims process – but, as an employer, you probably should. In fact, not taking advantage of that ability could deprive you of both valuable benefits and an...
When you misclassify an employee as an independent contractor, you may open up your business to certain legal penalties. It is a position many business owners knowingly or unknowingly find themselves in, and the outcome can be costly. Ignorance is no defense in such...
Text of 09/30/2022 WCB Bulletin
Text of 09/30/2022 WCB Bulletin
When a claim for benefits is controverted in whole or in part and the matter is not resolved through the Board’s Conciliation Process, the Workers' Compensation Board schedules a hearing. Then a Workers' Compensation Law Judge will issue a Decision. Following the...
Pursuant to Subject No. 046-237R, and beginning in October 2022, the Board will only accept video evidence on a USB flash drive. DVD discs will no longer be accepted. Video evidence must also be formatted to play in either: (1) Windows Media Player (WMV) or (2) VLC...
Business owners in New York are required to carry workers’ compensation insurance for their employees. Should an employee be injured on the job, they can file a claim. Unfortunately, there are some people who like to take advantage of this and will file a fraudulent...
A 2017 amendment to the WCL allows carriers to take credit against a PPD award for any TP benefits paid after 130 weeks have passed since the date of injury. Recently, the Board has begun issuing decisions clarifying its interpretation of the rule.
Do you have employees and contractors in your organization? Believe it or not, how you label your workers does matter. Workers who are labeled as independent contractors may not be entitled to equal rights and benefits as those labeled as employees. Whether...
Over the years we have observed numerous valid controversies fail due to untimely filing of Pre-Hearing Conference Statements. We recommend that any case where a FROI-04 or SROI-04 are filed that a Pre-Hearing Conference Statement and a OC-400.5 Certification be...
