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11/17/2008
Brian M. Mittman
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Guess What? Giving Birth Does not cure Work Related Injuries!

For years, those of us who have appeared before the New York State Workers' Compensation Board have had to deal with some ridiculous legal theories and Law Judges who bought into those theories.

One such theory was that a woman who was injured on the job was entitled to benefits for her work related injury. However, if she was pregnant, or became pregnant, then upon giving birth her benefits were reduced becuase of the birth! INSANE! My response to the insurance carriers and judges was always, so giving birth cured her back condition! RIDICULOUS!

Well, I am pleased to see that this practice has just cost the State of New York over $900,000.00 in a settlement of an Equal Employment Opportunity Commission Lawsuit. The Department of Corrections of the State of New York attempted and succeeded in slashing benefits to dozens of female C.Os upon giving birth. Now the Department must rightfully pay up and let us all hope this insidious discrimination has ended! A recent article on the decision appeared in the NY Post.

 

 



Category: New York State Workers’ Compensation



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