If you need to file a New York Workers Compensation Claim Lawyers at Cass and Peters stand ready to assist.
New York workers' compensation benefits, file workers' comp claim NY, NY workers' compensation lawyers, New York workplace injury attorneys, workers' comp claim process NY, New York workers' comp law firm, injured worker benefits NY, file workers' comp case NY, workplace injury claim lawyers NY, workers' compensation attorneys New York, file workers' compensation claim NYC, NY workplace accident benefits, New York workers' comp guidance, workers' comp filing help NY, injured worker rights NY, New York workers' comp claim assistance, NYC workers' compensation attorneys, workplace injury legal help NY, New York workers' comp benefits filing, workers' comp law NYThe Law Offices of Cass & Peters successfully overturned a New York Workers’ Compensation Law Judge’s decision that had denied a home health care worker’s claim for Workers’ Compensation Benefits.
On 5/28/15, the Full Board reversed this decision. The judge had ruled that the health aide’s knee injury was not work-related because she could not specify how she injured her knee. However, the Full Board determined that, under New York’s Workers’ Compensation Law, any injury occurring at work is presumed to be work-related. As a result, the Board required the insurance company to prove that the injury was not work-related. Consequently, the health care worker now receives full benefits under the Workers’ Compensation Law. These benefits include medical care from her chosen doctor and potentially compensation for permanent knee damage.
In another case, a 67-year-old bread delivery man with over 30 years of experience severely injured his right hand, requiring surgery and resulting in significant loss of function. This impairment prevented him from performing his job duties. Initially, an Administrative Law Judge denied further benefits, and a Panel of the Board Review Bureau upheld this denial. We appealed to the Full Board, which overturned the earlier ruling. The Full Board decided that injured workers can present a vocational expert. This expert evaluates employability by assessing physical injuries, past work experience, education, and transferable skills for other types of work. Thanks to The Law Offices of Cass & Peters, the Full Board recognized the injured worker as totally disabled. He is now entitled to lifetime workers’ compensation benefits. Check out our YOUTUBE CHANNEL and stay up to date with helpful articles and news on our BLOG PAGE. Additionally, we believe this decision upholds the principle that an injured worker has the right to present a vocational expert on the issue of their future earning capacity. Claimants will now have the right to provide not only medical testimony but also vocational expert evaluations.
