MSAs

Hamberger & Weiss defeats claim for benefits by showing that merely remaining on the employer’s payroll is insufficient to prove attachment to the labor market.

The injured worker in a recent case remained on her employer’s payroll and in fact was cleared to return to work by her own doctor. The employer’s physician, however, would not clear her to return to work. Although the injured worker made some attempt to look for work elsewhere, she relied on her continued employment …

Hamberger & Weiss defeats claim for benefits by showing that merely remaining on the employer’s payroll is insufficient to prove attachment to the labor market. Read More »

HAMBERGER & WEISS LLP attorney Thomas Videon secures a decisive victory as the judge denies benefits and assesses only a modest disability, citing the claimant’s insufficient job search.

HAMBERGER & WEISS LLP attorney Thomas Videon secures a decisive victory as the judge denies benefits and assesses only a modest disability, citing the claimant’s insufficient job search. The New York State Workers’ Compensation Law requires partially disabled injured workers to maintain a consistent and appropriate search for work within their restrictions to mitigate loss. …

HAMBERGER & WEISS LLP attorney Thomas Videon secures a decisive victory as the judge denies benefits and assesses only a modest disability, citing the claimant’s insufficient job search. Read More »

HAMBERGER & WEISS LLP defeats bid for benefits made only when claimant was about to be shown the door!

While most claims made under the Workers’ Compensation Law in New York are legitimate, some claimants attempt to use the law in retaliation for legitimate job action. Tori Hahn of our firm successfully prevented a claimant from using the law in this way. After developing the record, the claim for benefits was disallowed at both …

HAMBERGER & WEISS LLP defeats bid for benefits made only when claimant was about to be shown the door! Read More »

HAMBERGER & WEISS LLP secures disallowance by proving that the treating doctor had insufficient knowledge of the claimant’s job to give a credible opinion on an occupational disease.

HAMBERGER & WEISS LLP secures disallowance by proving that the treating doctor had insufficient knowledge of the claimant’s job to give a credible opinion on an occupational disease. Our partner John Land recently prevailed in a case where a housekeeper alleged an injury to her left leg from repetitive walking, as well as standing on her …

HAMBERGER & WEISS LLP secures disallowance by proving that the treating doctor had insufficient knowledge of the claimant’s job to give a credible opinion on an occupational disease. Read More »

HAMBERGER & WEISS LLP & Weiss LLP attorney, Thomas Videon, secures Loss Transfer recovery plus 9% interest after filing Article 75 petition and enforcing arbitration decision against automobile carrier.

HAMBERGER & WEISS LLP & Weiss LLP attorney, Thomas Videon, secures Loss Transfer recovery plus 9% interest after filing Article 75 petition and enforcing arbitration decision against automobile carrier. Claimant was injured in a motor vehicle accident in the course of employment. The case qualified for Loss Transfer pursuant to section 5105 of the New York …

HAMBERGER & WEISS LLP & Weiss LLP attorney, Thomas Videon, secures Loss Transfer recovery plus 9% interest after filing Article 75 petition and enforcing arbitration decision against automobile carrier. Read More »

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