Robert Golan Wins Appeal to Remove Employment Requirement for Worker Scheduled for Surgery

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Robert Golan

Robert Golan, PC a worker’s compensation attorney serving Long Island, Queens, and other communities within Suffolk and Nassau counties, recently won an appeal that got the Workers Compensation Board to remove the requirement for an injured worker, under medical restriction, to seek for employment within the month prior to undergoing major surgery. The Trial Judge in the client’s case required her to continue her job search before undergoing neck surgery or lose her benefits.

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The Workers Compensation Law has required, for the past 6 years, that injured workers prove they are looking for employment within their medical restrictions in order to remain entitled to monetary benefits. This had included the requirement to apply for jobs immediately prior to undergoing surgery. Mr. Golan appealed to the Workers Compensation Board that this requirement didn’t make sense since most employers would not consider hiring a new employee right before that employee was scheduled to undergo a major surgical procedure that would require three to six months of recovery time post-op.

The Workers Compensation Board agreed that this requirement made no sense under the circumstances and reversed the Trial Judge’s decision. “Sometimes if you show a bureaucracy that their policy makes no sense you can actually succeed in getting them to admit it,” said Robert Golan, PC, the workers compensation attorney that appealed this case. For more information on verdicts and settlements won by Robert Golan, PC, check out the workers compensation settlements page on our website.

Need to Appeal a Workers Compensation Case Decision That Didn’t Go in Your Favor?

If a recent workers compensation case ruled in favor of the employer, and you feel that you deserve compensation, give Robert Golan, PC a call at 516 586 3910 or fill out this online contact form to a free workers comp lawyer consultation today to help you understand your rights and get the compensation you deserve.

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