The Impact of ‘Presumption’ and ‘Credibility’ on Workers’ Compensation Cases

The New York Appellate Division recently issued two decisions that highlight the issues of presumption and credibility.  One of these decisions was unfavorable to injured workers, while the other was favorable.  In the first case, the Court found the claimant’s injuries and testimony to be incredible when viewed against a surveillance video of the accident […]

FOA Strives to Attain the Best Possible Outcome for Clients: A Recent Appeal on a WC case Says it All!

The Claimant was a lineman for Verizon.  He was loading a telephone pole on a truck and injured his right shoulder.  He was unable to return to work and ultimately retired due to his injury.  He suffered with a frozen shoulder and adhesive capsulitis with significant physical restrictions.  He underwent two surgical procedures.  The insurance […]

It’s All About Notice: Giving the Proper Notice in the Workplace for Workers’ Compensation Claims

Giving timely notice of an accident to an employer may be the single most important factor in a Workers’ Compensation case. N.Y. Workers’ Compensation Law Section 18 requires that an employee must provide written notice of a work place injury to the employer within 30 days of the accident causing the injury for a claimant […]

Work Related Stress and Workers’ Compensation

Recently, the New York Courts addressed the issues faced by injured workers’ seeking to file a Workers’ Compensation claim for work related stress. In Matter of Kraus, the injured worker (claimant) worked for a large grocery store chain administering company policies related to on the job injuries. The claimant was responsible for identifying and distinguishing […]

The Power of a Workers’ Compensation Appeal: FOA Claimant Receives $30K Award & Continued Payments

Our attorneys appealed a September 2016 Workers’ Compensation decision for client William.  William was classified as having a Permanent Partial Disability and was required by the September decision to produce evidence of a work search before Workers’ Compensation benefits could be made. Our attorneys appealed the September decision and argued that a recent change by […]