Category: Labor Law

Fall from Scaffold by Laborer while putting siding on a single family home resulted in a violation of Labor Law 240(1) which results in absolute liability. The injured worker fractured his heel which...

The Supreme Court just held that ERISA recovery plans are enforceable as an "equitable lien based upon agreement". The net is and will be that the plans get total reimbursement and, depending upon the...

The History of Worker's Compensation "Liens" goes back to 1922. In the Modern Era, Comparative Negligence and Itemized Verdicts are the Law. Assume the Workers' Compensation Carrier Were to Start an Independent Subrogation Action. Ethical Considerations for Attorneys Representing Two Competing Claimants. Workers' Compensation Interplay With Medicaid and Ahlborn Considerations

A. WORKERS COMPENSATION - A SHORT HISTORY B. ETHICAL COMPONENTS C. FACTUAL CONTEXT POINT I: SEVERENCE OF THE TWO CONFLICTING CLAIMS IS AN ETHICALLY PRUDENT POINT II: IT IS ARCHAIC TO MAINTAIN THAT CLAIMS & CAUSES OF ACTION ARE INDIVISIBLE CONCLUSION: WORKERS’ COMPENSATION CARRIERS SHOULD ASSUME RESPONSIBILITY FOR PROSECUTION OF THEIR OWN RECOVERY