New York’s highest court on Thursday seemed dubious of a company’s claim that allowing an injured employee to challenge a Workers’ Compensation Board decision would be an incorrect retroactive application of the Justice for Injured Workers Act.
Monadnock Construction argues allowing one of its injured employees to challenge a Workers’ Compensation Board decision made before the December 2022 effective date of the Justice for Injured Workers Act would be an incorrect retroactive application of the law, even though the actual trial court decision was made after that date.
Court of Appeals Associate Judge Michael J. Garcia said the “hinge date,” ...