|
For
those of you who do not already know me, I am Michael T. Berns, and I
served as a Commissioner/Board Member of the New York State
Workers’ Compensation Board from 1996 to June 2008
From my first day serving the Board to my last, I frequently researched
and wrote my own decisions—often with the assistance of the
Agency’s legal staff. Along the way, I also took every
opportunity to improve the policies and procedures that guide the way
the Board handles cases and makes decisions.
Some of the decisions I authored have been affirmed by both the
Appellate Court 3rd Department and Court of Appeals, and some have
redefined case law and revised interpretations of Workers’
Compensation Law.
I designed computer programs for my own use to help me gain a wider
perspective of the legal, medical, and other seemingly miscellaneous
details of the nearly 40,000 decisions and 5,000 settlements in which I
have participated. Some of the programs I designed for my own use were
also incorporated into the redesign of the Agency’s data
management systems from a voluminous and inefficient paper-file system
into what many consider one of the finest paperless systems in any
agency in any state government.
Despite all the positive changes in recent years, especially those made
under the leadership of the Board’s former Chairman Robert
Snashall, there are still tens of thousands of unnecessary
controversies and contradictory decisions every year which result in
delays for injured workers getting their replacement wages and medical
care and higher than ever insurance premiums for the companies who are
required by law to have workers’ compensation insurance.
Over the years I also kept ‘a journal’ that became a
555-page ‘CaseNotes Handbook’ which contains hundreds of
pages of case law, precedents, and recommended legal arguments and
indicia tables, among other information. The combination of these
ongoing projects created a powerful set of tools to allow me to
evaluate the types of cases being presented, the strategies used by
both sides, and the role of the Board in achieving the Agency’s
mission, which has inspired me to continue my service to New
York’s Workers’ Compensation system from outside the
Agency.
|