WC

October 25, 2012

Matter of Stenson Motion for Leave to Appeal to Court of Appeals denied.

WC

June 7, 2012
Matter of Stenson affirmed on reargument. Matter of Stenson v.New York State Dept. Of Transp., 947 N.Y.S. 2d 184; 2012 N.Y. App. Div. LEXIS 4366; 2012 NY Slip Op 4444, Jun 7, 2012, Decided, June, 7, 2012, Entered., The Third Department reiterates belief that apportionment exists in all consent agreements absent a disclaimer by the carrier. Be careful granting consent in third-party actions. (See Client Update August 2012).

WC

May 1, 2012
Court of Appeals, In the Matter of Zomora, determined that the WCB is not required to presume that a PPD claimant's subsequent loss of wages is attributable to physical limitations, but may inquire into the particular facts of each case to determine whether there is a connection between the subsequent loss of wages and the claimed PPD, and the claimant is required to set forth evidence of "Attachment to the lab or market."

WC
March 27, 2012
Court of Appeals, in Matter of Bissell., determined that in fact future medical expenses are speculative for purposes of Kelly apportionment rights, even if a jury has already determined the value of the future expenses and they have been held to be reasonable by the court. Matter of Bissell vs. Town of Amherst, 18 N.Y. 3d 697 (2012).

WC
December 30, 2011
The Fourth Department confirms that there is a 3 year statute of limitations from the date of settlement to commence an action to recover an unreimbursed workers' compensation lien. PMA Management v. White, 90 A.D.3d 1690; 936 N.Y.S.2d 460, (4th Dept 2011).

WC
December 29, 2011
Despite the fact the Motions to Reargue Matter of Stenson are still being briefed the Third Department is wasting no time extending the concept that unless a carrier/compensation provider expressly releases itself from future Burns payments in its consent letter the Board will read Burns apportionment into every non Kelly case. Matter of Morphew, 90 A.D.3d 1459; 936 N.Y.S.2d 354; (3rd Dept. 2011).

WC
October 11, 2011
Matter of Stenson, Motion to reargue the Appellate Division's decision is being briefed and as of February opposition to the motion had been presented and the SIF's papers are due shortly. We will continue to keep you updated as developments occur.

 

Kevin Fitzpatrick and Dirk Marschhausen to present at Wright Insurance Group CLE on October 23, 2013 on the topic of "Worker's Compensation Liens and Third-Party Actions."

Dirk Marschhausen presented at the New York State Bar Association 2013 Law School for Insurance Professionals on October 10, 2013 on the topic of "So Many Liens -- So Little Time" addressing the issues of Medicare, No-fault, Worker's Compensation Liens and Health Insurer's Rights of Recovery.

Dirk Marschhausen presented at the August 7, 2013 NASP N.Y. Chapter Meeting on the topic of "Third-Party Actions, Lien and Credit Rights, and Granting Consent to Settle."

Dirk Marschhausen presented a panel discussion at the N.Y. Claims Association "Workers' Compensation Subrogation Seminar "Third-Party Actions the Intersection of Liability and Workers' Compensation."

Kevin Fitzpatrick and Dirk Marschhausen presented at the New York Self Insurance Association meeting January 17, 2013 on the topic of Comprehensive Approach to Maximizing Workers' Compensation Liens. (New York, New York.)

Dirk Marschhausen presented at the State Insurance Fund CLE on Workers' Compensation in Lieu of First Party Benefits, on October 9, 2012 (New York, New York.)

Dirk Marschhausen presented at the August 22, 2012 NASP N.Y. Chapter Meeting (New York, New York) on the topic of Maximizing Worker's Compensation Liens in today's uncertain environment.

Dirk Marschhausen presented at the National Business Institute Seminar Litigating the Uninsured & Underinsured Motorist Claim on July 13, 2012 in Newburgh, New York.

Dirk Marschhausen presented at the July 27, 2011 NASP NY Chapter Meeting (New York, New York) on the Topic of Workers' Compensation Liens, and Calculating the Lien when Workers' Compensation Benefits are Paid in Lieu of First Party Benefits.

Dirk Marschhausen presented at the New York State Bar Association Workers' Compensation CLE on September 27, 2011. The Topic Presented was Third-Party Actions and Lien Rights.