No-Fault Claims and Workers Comp
Learn how no-fault insurance and workers compensation interact in workplace injury cases. Understand legal complexities, employer tactics, and your rights.
Read More →Workers Compensation
22 articles by Jason Tenenbaum, Esq.
The existence of a workers compensation award is lack of coverage
Court rules workers compensation award creates coverage defense in no-fault cases, changing how insurers can challenge medical billing claims under NY law.
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Workers Compensation defense substantitated
Court substantiates workers compensation defense in no-fault case, ruling cab company ownership creates employer-employee relationship under NY law.
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Workers Compensation from the First Department
First Department case on workers compensation defense in no-fault actions - when summary judgment motions should be held pending Workers Compensation Board determination.
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Workers Comp – trialble issue of fact.
New York appeals court ruling on workers compensation triable issues in no-fault insurance cases, examining employee status determination requirements.
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Quirky Workers Compensation case
Workers compensation case examining EIP assignment requirements and no-fault insurance implications when WC claims fail due to procedural violations under NY law.
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Suit on a workers compensation policy dismissed on lack of coverage grounds
New York court dismisses workers compensation policy suit, ruling insurer can raise lack of coverage defense regardless of claim denial timing or propriety.
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NF-2 is sufficient to remit case to the Workers Compensation Board
Court rules that NF-2 form admission of employment status creates sufficient factual question to remit no-fault case to Workers Compensation Board for determination.
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Workers Compensation Primacy
New York court clarifies that only a triable issue of fact regarding employment status is needed to refer workers compensation cases to the Workers Compensation Board.
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Workers Compensation defense requires substantiation
Court ruling shows workers compensation defenses must be backed by concrete evidence, not just conclusory statements from claims administrators.
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Police accident report sufficient to trigger Workers Comp inquiry
New York court rules police accident report alone can trigger Workers' Compensation inquiry, potentially barring no-fault insurance benefits in workplace injury cases.
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Strategic Decision-Making in Appeals: When Not to Fight Workers’ Compensation Rulings
Strategic analysis of when not to appeal unfavorable workers' compensation rulings in New York. Expert insights on cost-benefit decisions for Long Island attorneys.
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The workers comp board
Analysis of New York Workers' Compensation Board procedures and case law requirements for injured workers and medical providers on Long Island.
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Workers Compensation Defense in No-Fault Cases: Specialized Expertise Required
Learn how Workers Compensation Board expertise is crucial in resolving no-fault insurance disputes. Long Island attorneys explain jurisdictional complexities.
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Workers Compensation dismissal
Court case analysis showing consequences of failing to promptly apply to Workers' Compensation Board within 90 days after successful summary judgment motion results in dismissal.
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Dismissal with prejudice is a viable disposition in a workers compensation primacy case
Court rules dismissal with prejudice viable in workers compensation primacy cases when plaintiff fails to pursue Workers' Compensation Board determination within 90 days.
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Evidence that claimant was affiliated with "car service dispatch base" divests court of subject matter jurisdiction
Court lacks jurisdiction when claimant affiliated with car service dispatch base raises workers compensation issues requiring Board determination.
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Why does a Malella defense surive an untimely disclaimer, while a workers compensation defense doesn't?
Understanding the inconsistent disclaimer requirements for Malella defenses versus workers compensation defenses in New York no-fault insurance cases.
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Workers Compensation Defense in No-Fault Cases: Standing vs. Exclusion Analysis
Navigate the complex intersection of workers compensation and no-fault insurance law in NY. Expert analysis of standing vs. exclusion defense strategies for healthcare providers.
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Workers Compensation defense
Expert analysis of workers compensation defense issues in New York personal injury cases. Understanding no-fault insurance coordination, standing issues, and legal strategies for NYC and Long Island.
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It is a two way street
Complex analysis of insurance priority coverage rules and the two-way street principle in no-fault vs workers compensation cases, examining Westchester Medical Center decision implications.
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The Workers Comp Mess
Workers' compensation denial timing requirements and their intersection with no-fault insurance coverage following the Westchester Medical Center case analysis.
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