State News : New York

NWCDN is a network of law firms dedicated to protecting employers in workers’ compensation claims.

NWCDN Members regularly post articles and summary judgements in workers’ compensations law in your state.  

Select a state from the dropdown menu below to scroll through the state specific archives for updates and opinions on various workers’ compensation laws in your state.

Contact information for NWCDN members is also located on the state specific links in the event you have additional questions or your company is seeking a workers’ compensation lawyer in your state.

New York


  (716) 852-0003

H&W New York Workers' Compensation Defense Newsletter
Vol. 5, Issue 2

9/24/20 Webinar from H&W LLP: New York Medical Treatment Guidelines and Drug Formulary Update

On September 24th, our partner Renee Heitger will present "New York Medical Treatment Guidelines and Drug Formulary Update". This webinar will provide a brief overview of the new Medical Treatment Guidelines for injuries to the elbow, ankle, feet, hip, groin, and occupational interstitial lung disease and will also provide an update on the Board’s Drug Formulary.

It will be held at 11:00 AM EST on Thursday, September 24th 2020. Please click here to register.

You may also copy the link below and paste into your browser to register:

Court Reverses Board Decision Establishing Claim, Citing Insuffcient Medical Evidence

On 9/3/20, the Appellate Division, Third Department decided Johnson v. Borg Warner, Inc. This decision reaffirms the principle that medical evidence which is speculative or contains statements of mere possibility on causal relationship is not sufficient to establish a claim. In this case, the claimant's treating physician testified that there was "a strong possibility” claimant had an acute or chronic meniscus tear and it was "very reasonable that something could have happened at work that exacerbated a chronic condition." The doctor also stated it was "highly possible" that the injury was causally related to the claimant's work.  The Board established the claimant's case based on this testimony, but the Appellate Division reversed, holding that the doctor's testimony amounted to mere statements of possibility. In a nutshell, medical evidence must signify that a claimant's injury, more probably than not, is causally related to their work activities.
This decision serves as a reminder that medical evidence must meet this minimum standard before a claim can be established. 

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