One of the best New York Workers’ Compensation Attorney arguments of 2014 before the New York Court of Appeals (the State’s highest Court) took place on October 14, 2014. In the Matter of Kigin attorney Robert Grey, Esq. argued that the administrative regulations and resulting rulings created by the New York Workers Compensation Board were in direct contradiction to the statute as written and by shifting the burden of proof onto the shoulders of injured workers when dealing with medical treatment underminded the intent and purpose of the law.
This argument comes as a result of years of administrative rulings and regulations that have continued to strip away rights of injured workers that have been the foudnation of protecting those injured on the job in New York. In particular, the rules recently created by the Workers Compensation Board force injured workers to take on the burden of proving the need for medical care when the actual law is clear that the burden should be on the insurance company and not the injured worker.
Click to watch the oral argument of The Matter of Kigin
Click to download the transcript of the Matter of Kigin