Home Committee Web Pages Workers' Compensation Law Division

WORKERS' COMPENSATION LAW DIVISION

Dear Members,

The Workers’ Compensation Law Division of TICL presently consists of 100 or so attorneys who represent injured workers, employers, insurance companies and other entities before the New York Workers’ Compensation Board and the New York courts. 

I became Chairman at the Division’s spring 2008 meeting in Albany.  My practice is located in Saratoga County and I handle workers’ compensation matters primarily within the Albany District.

I would like to thank past chairmen – Bill Crossett and Ron Balter for their dedication and service to the division and look forward to working with them as part of the division and on the TICL Executive Committee.

On March 13, 2007 Former Governor Spitzer fulfilled a campaign promise and signed into law reforms to the NYS Workers’ Compensation Law.  This new law was the result of years of negotiations between legislators, former executives, labor organizations, the business community and other stakeholders who sought to increase benefits while simultaneously decreasing workers’ compensation costs.  Will the new legislation achieve its stated goals?  Will all stakeholders be satisfied with the statutory reforms as enacted?  Will stakeholders be satisfied with the reforms as applied by the Workers’ Compensation Board?  Will the stakeholders be satisfied with the reforms as ultimately interpreted by the Courts?  Only time will tell!

The 2007 reforms present a challenging opportunity for attorneys practicing Workers’ Compensation Law.  Through our participation in the administrative process and through representing our clients at hearings and appeals, Workers’ Compensation practitioners are uniquely qualified to shape the future of the NY Workers’ Compensation System.  Nevertheless, while an individual attorney can make “new law” or change procedure by championing a client’s position, an active, vocal Bar is a more effective mechanism for ensuring that our ideas and the ideas and concerns of our client’s are made known and considered by the Board.

As a result of the 2007 reforms, the Board is busy fashioning new regulations and guidelines interpreting and bringing to life the new legislation.  Committees have been formed, and focus groups have been polled.  But what have we done as Workers’ Compensation practitioners to ensure that our voice and the voices of our clients have been heard?  Have we done enough?  Can we do more?  I think we can. 

So, GET INVOLVED!!  Join the Division, submit an article, attend a meeting, or refer a lawyer friend you think might be interested in becoming a member.  As a larger, cohesive group it is more likely that the Board will sit up and take notice of our input and suggestions.

I have heard practitioners muse over the years that “the WCL Division of TICL has no “juice” within the TICL Section, so why get involved?”  Well now is your chance to get involved, to make a difference.  The TICL Chairman, Daniel Gerber has asked for input from our Division to determine what the Section can do to make it more meaningful for the Workers’ Compensation Bar.  He has also suggested that there is always room on the Section Executive Committee for attorneys interested in getting involved.  Why not increase the number of “Compensation” lawyers on the TICL Executive Committee, so that the perception the WC Division “has no juice” becomes a mis-perception.

If you have any input, questions or are interested in joining TICL, the WCL Division or becoming a member of the TICL Executive Committee please feel free to contact me at:

Christopher R. Lemire, Esq.
DIVISION CHAIRPERSON-WORKERS' COMPENSATION LAW DIVISION
Law Offices of Christopher R. Lemire
2534 Rte. 9, PO Box 2485
Malta, New York 12020
518.899.5700 Telephone
518.899.5487 Fax
email: lemirelaw@nycap.rr.com

The following links will assist all attorneys that appear before the Workers' Compensation Board:

Workers' Compensation Board

Appellate Division Third Department  All appeals of decisions of the Workers' Compensation Board are submitted to the Appellate Division Third Department in Albany.  The Court usually issues decisions on Thursdays and publishes them on its web site.

Court of Appeals

Workers' Compensation Board’s 1996 Medical Guidelines  (PDF Format)

The Court of Appeals ruled that in a workers' compensation discrimination case under §120 of the Workers' Compensation Law that a prevailing claimant is entitled to pre-award interest. See Related Files below to view and read the decision.

The Workers' Compensation Board notifies those parties that appear before the Workers' Compensation Board of changes in forms, some procedures and other matters by the use of Subject Matters.   You can sign up to receive E-mail notification of these announcements at: http://www.wcb.state.ny.us/enote/emailadd.jsp