January 15, 2010 - New York: Michael Berns, former Commissioner at the New York State Worker’s Compensation Board,reports that the Board continues its winning run as the NYS Appellate Court, Third Department affirmed the Board in the two opinions the Court issued yesterday and the First Department ruled that an injured workers claim of discrimination belonged at the Workers Compensation Board, not in civil court.
In one case, the Court agreed with the Board’s decision that a pro se claimant could not get a different administrative law judge or a different district just because she was unhappy with that administrative law judge's decision.
In the second case, there was a question as to which of several employers and their carriers were responsible for a claimant, hired by a professional employer organization, injured working for a sub sub contractor. The Board originally ruled the NYS Insurance Fund was responsible but after a review by the full Board returned the case back for reconsideration by the original panel of three commissioners and then reversed earlier decision, findingg Zurich the responsible carrier.
The First Department ruled that a claim of discrimination due to her filing a workers compensation claim was not covered under the New York City Human Rights Law and that her sole remedy for retaliatory discharge was subject to determination under Workers Compensation Law §120.
Details on these case and the other six cases decisions issued this past Thursday can be found at InsideWorkersCompNY.com, which posts all workers compensation related-cases issued in New York State every Friday morning.
InsideWorkersCompNY, managed by Michael T. Berns former Workers Compensation Board Commissioner, issues information related to workers compensation issues in New York State including court decisions, new rules and regulations, changes in board procedure and staff, and any other information which impacts on the workers compensation community. For further information please contact us at 212-734-9450 or TheInsider@InsideWorkersCompNY.com
