Papers & Publications

“True scholarship consists in knowing not what things exist, but what they mean.” – James Russell Lowell. 

 

Our attorneys have written dozens of scholarly articles about workers’ compensation and personal injury.  We have written articles to bring information to working people, to educate other lawyers, and to inform policy makers about issues in workers’ compensation system.  Our deep knowledge and scholarship in our practice areas, combined with our half-century of experience in the field, helps us deliver real results for our clients.

 

Here are summaries of many of our papers and publications, with links to the full documents if you’d like to read more.

 

Many unions deliver information to their members through the union newspaper or newsletter.  In 2017 we wrote an article for the TWU Local 100 Health & Safety newsletter with a “top 10 list” of things injured workers should do in a workers’ compensation case.

 

Read The Article HereKeeping Up Changes to WC – Health & Safety 2017

 

In 2016 and 2017, business and insurance interests mounted a campaign to slash “schedule loss awards” – compensation paid to injured workers for permanent loss or loss of use of a limb (such as a hand, foot, arm, or hand).  They claimed that these awards were a high cost to employers and insurance companies that had to be reined in.  In response, we wrote a white paper outlining the trends in schedule loss costs over twenty-five years from 1992 through 2016.  The paper showed that schedule loss awards were not an outsized cost to employers, and are instead fair compensation for injured workers.

 

Read The Article HereSchedule Loss Costs 1992 – 2016 – Jan 2017

 

In 2017, the Workers’ Compensation Board issued a proposal that would have sharply reduced “schedule loss awards” – compensation paid to injured workers for permanent loss or loss of use of a limb (such as a hand, foot, arm, or hand).  The New York State Assembly Labor Committee held a public hearing to address the Board’s proposal.  We submitted written testimony to the Assembly, and managing partner Robert Grey testified at the hearing in Albany (you can find the video on our Media page).

 

Read The Article HereKeeping Up Changes to WC – Health & Safety 2017

 

Too often, the conversation about workers’ compensation is more about what the injured worker receives in benefits than what he or she is losing while out of work.  In early 2016, we looked at that issue and wrote a paper on the subject.  Our paper showed that most workers lose significant income because of their injury and disability, which is never replaced by the workers’ compensation system.

 

Read The Article HereWorkers Comp in 2016 – The Aftermath of the 2007 Reforms – Feb 2016

 

In late 2016, we wrote Workers’ Compensation in New York State:  State of the System 2016, the fourth White Paper in the series (following 2006, 2008 and 2014) and sixth overall (we wrote topic-specific white papers in 2010 and 2012).  The 2016 White Paper reported that “workers face increasing obstacles in accessing benefits due to variety of Board procedures.”  It also reported “that while the 2007 reform legislation increased temporary disability and schedule loss awards for high-wage workers, it did not do so for low-wage workers.  The 2007 legislation also caused an unprecedented escalation in uncompensated wage loss for permanently disabled workers throughout the wage spectrum.”

 

Read The Article HereComp in NYS – State of the System 2016

 

In 2014, we wrote Workers’ Compensation in New York State:  State of the System 2014.  This was the third White Paper in the series (the earlier two were written in 2006 and 2008), in addition to our 2010 White Paper on loss of wage earning capacity for permanently disabled workers and our 2012 White Paper on system costs.  The 2014 White Paper reviewed the current legislative, regulatory and administrative status of the workers’ compensation system and the impact on benefits for injured workers, costs for employers and administration by the state.

 

Read The Article HereWorkers Comp in NYS – State of the System 2014

 

At the end of 2012, the Workers’ Compensation Board issued the New York State Guidelines for Determining Permanent Impairment and Loss of Wage Earning Capacity.  Although the Board’s 2012 Guidelines largely adopted the Disability Duration Guidelines that had been proposed by the Insurance Department, they did not include meaningful guidance about how much weight should be assigned to an injured worker’s functional capacity or vocational factors.  We wrote an article identifying the issues and making suggestions about a path the Board could follow to create a workable set of standards in deciding these issues.  Our article was published by the Syracuse Law Review, a publication of the Syracuse University Law School.

 

Read The Article HereLoss of Wage Earning Capacity Under the 2012 Guidelines – Syracuse Law Review 2013

 

In 2012, as business and insurance interests again tried to cut benefits for injured workers based on their claims about “the high cost of workers’ compensation,” we wrote a White Paper to talk about the facts.  Our paper conclusively showed that workers’ compensation is not a high cost for employers, and that in fact employer costs were near a twenty-year low.

 

Read The Article HereWorkers’ Comp in NY – Facts and Fiction About System Costs – Nov 2012

 

Many bar associations send monthly newsletters to their member attorneys with articles about important legal developments.  In May of 2010 we wrote an article for the Suffolk Lawyer to educate personal injury attorneys about how changes in the Workers’ Compensation Law could create new liens affecting personal injury settlements and recoveries.

 

Read The Article HereIncreased WC Benefit Rate Creates Liens – Suffolk Lawyer 2010

 

In 2010, the New York State Insurance Department issued a set of proposed “Disability Duration Guidelines” making suggestions about how the Workers’ Compensation Board should implement time limitations on permanent partial disability benefits (“the PPD caps”).  On behalf of the Workers’ Compensation Alliance, the New York State AFL/CIO, the New York Committee for Occupational Safety and Health, and the Western New York Committee for Occupational Safety and Health, we wrote and submitted a detailed analysis of the Insurance Department’s proposal.

 

Read The Article HereComments on the Disability Duration Guidelines – Oct 2010

 

In March of 2008, the New York State Insurance Department released a “data study” of the workers’ compensation system.  The Insurance Department drew certain conclusions and made a number of recommendations about collecting additional information to guide public policy and legislation in the field.  We reviewed the Insurance Department’s report and issued a set of comments to provide additional context about how the it would affect injured workers.

 

Read The Article HereComment on Ins Dept Report – March 2008

 

In December of 2008, we wrote the second in our series of White Papers about the workers’ compensation system.  Workers’ Compensation in New York State:  State of the System 2008 analyzed the changes that were made to the law in 2007 as well as the administrative changes that followed, with a focus on how they were affecting injured workers and would do so in the future.

 

Read The Article HereWorkers Comp – State of the System 2008

 

In October, 2007 we published an article in the prestigious “Outside Counsel” column of the new York Law Journal discussing a new decision by the New York Court of Appeals that had an enormous impact on the relationship between workers’ compensation benefits and personal injury recoveries.

 

Read The Article HereKelly Ends – NYLJ 2007

 

In May, 2007 we published an article in the prestigious “Outside Counsel” column of the New York Law Journal discussing how recent changes to the Workers’ Compensation Law would impact personal injury lawsuits and workers’ compensation liens.

 

Read The Article HereRecent Changes to WC and Kelly – NYLJ 2007

 

In May, 2006 we published an article in the prestigious “Outside Counsel” column of the New York Law Journal covering the debate about how to “reform” the workers’ compensation system and making proposals about how to do so in a way that would be fair to injured workers.

 

Read The Article HereWhich Way for WC – NYLJ 2006

 

In 2006, as the New York State Legislature was considering major changes to the law, we wrote Workers’ Compensation in New York State:  State of the System 2006 to point out issues and areas where the system could be improved for injured workers and employers.  The “2006 White Paper” helped persuade the Legislature to raise the maximum and minimum benefit rates for injured workers and to make a number of other healthy changes in the system.  It also become the first in a series of White Papers that have continued to influence the system for more than a decade.

 

Read The Article HereWorkers Comp – State of the System 2006

 

We often publish articles in bar association journals to provide information to other lawyers.  In 2006 we wrote an article for the Women’s Bar Association discussing issues a personal injury lawyer must consider when settling a case for a client who also has a workers’ compensation claim.

 

Read The Article HereWhat PI Attorneys Need to Know – Womens Bar Journal 2006

 

In November, 2001 we published an article in the prestigious “Outside Counsel” column of the New York Law Journal discussing the potential workers’ compensation claims that might arise out of the September 11th attacks on the World Trade Center.  The article identified cases that would clearly be covered, those that would clearly not be covered, and those that would present future problems.  Five years later, the Legislature amended the Workers’ Compensation Law to add Article 8-a, providing coverage for World Trade Center responders and resolving some of the issues we identified immediately after the attack.

 

Read The Article HereSept 11 Workers Comp – NYLJ 2001

 

In 1998, we won a major case at the New York Court of Appeals that preserved and expanded how the Labor Law covers construction workers who are injured on job sites.  We then wrote an article for the Nassau Lawyer explaining the decision and putting it into historical context for attorneys who practice in the field.

 

Read The Article HereFrom Allen to Rizzuto – Nassau Lawyer 1998

 

In December, 1997 we published an article in the prestigious “Outside Counsel” column of the New York Law Journal discussing the New York Court of Appeals ruling in Shutter v. Phillips Display Components, which held that a workers’ compensation insurer does not have a lien against an injured worker’s recovery from the uninsured or underinsured motorist provision of his or her own automobile insurance policy.

 

Read The Article HereCourt of Appeals Ruling in Shutter -NYLJ 1997

 

In 1994, due to a variety of court decisions and changes in the law, we published an article in the Journal of the Suffolk Academy of Law updating our 1989 article on the settlement of a lawsuit where the client also had a workers’ compensation case.

 

Read The Article HereUpdate on the Status of WC Liens – Journal of Suff Acad of Law 1994

 

In 1989, we published an article in the Journal of the Suffolk Academy of Law providing guidance for personal injury attorneys about the requirements of settling a lawsuit for a client who also had a workers’ compensation case arising out of the same accident.

 

Read The Article HereSettlement of a Third Party Action – Journal of Suff Acad of Law 1989

 

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