InsideWorkersCompNY.Com

The Insider
Inside WorkersCompNY
PO Box 286353
New York, NY 10128

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InsideWorkersCompNY is the creation of Michael T. Berns, a former Board Member/Commissioner of the New York State Workers Compensation Board, based on the insight developed during 12 years of service including participation in more than 40,000 decisions and 10,000 hearings.

Updated weekly, this website will impart an understanding of the New York State WCB that will help the workers comp community better understand why the WCB does what it does and how to deal its many inconsistencies and bureaucratic obfuscations as well as giving the community and Board staff an anonymous bulletin board.


Behind The Closed Doors:An insider’s look at how things really work at the NYS Workers Comp Board and how to fix them. Click here for details.

COURT DECISIONS: a weekly update of workers comp related decisions from the New York’s Appellate Division, Court of Appeals, and other jurisdictions, and a list of the β€œwinningest” attorneys for the year.
NEWSWIRE: a weekly listing of key developments from the media as well as various state agencies.
COMMENTARY: my comments on key topics, work related injuries, major court decisions, new board policies, and answers to questions from my readers.

BIOS: The commissioners’ official and unofficial biographies.

To be added to our weekly e-mail alert, or write comments, suggestions, and criticisms, published anonymously, contact:TheInsider@InsideWorkersCompNY.com.

Michael T. Berns, The Insider
Commissioner 1996-2008, New York State Workers Compensation Board

. . . . January 19, 2012

Volume 161 Issue 1

. . .

Board reversed 3rd week in a row!
Anyone in charge?

Three weeks into the year and the Board’s legal review process seems to be going in a rather predictable direction this year. With a number of reversals, not on the interpretation of the law but for the Board’s continual failure to explain its reasoning or justify contradictory decisions, one has to question who was in charge of this process in late 2009 through late 2010 when these decisions were being issued? And this runs from the Chair to the commissioners to those in the Administrative Review Division.

And if you have yet looked, now is the time to read about THE TOP ATTORNEYS FOR 2011 - Sean Nicolette and Robert Golan.

DECISIONS: Another bad week for the Board, although it won two affirmances, the Board was again castigated by the Appellate Court, Third Department for its failure to either follow the relevant precedent established by its prior decision or provide an explanation for its failure to do so

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