InsideWorkersCompNY.Com

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

212-734-9450





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

. . . . February 3, 2012

Volume 163 Issue 1

. . .

2011 Review of Appellate Court Decisions

The fact that 2011 saw the worst performance by the NYS Workers Compensation Board at the New York State Appellate Court, Third Department only summarizes the obvious. This week I have gone into detail in my COMMENTARY as to the types of issues heard by the Court and how the Board fared in the 45 issues, in four categories, covered this year. The initial review shows that both claimants and carriers fared equally on review by the Court, with both losing more than half their appeals. What makes this increasing poor performance by the Board a real tragedy is the impact it has on injured workers and their families as well as their employers who rightfully feel their problems are being treated with disdain by the Board and thus are distrustful and angry at the Board. Unfortunately, it is the the examiners and clerical staff and law judges who face these people regularly while the commissioners and the executive hide in their ivy towers.

There were no workers comp-related decisions issued by the Courts this week.

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