NY Governor Signs Amendment with Guidance on Interpreting Work-Related Stress in New Mental Injury Legislation Allowing New Yorkers to Apply for Workers’ Compensation

The New York State Workers’ Compensation Board has provided an update on the December 2024 Mental injury legislation, providing clarity for employers, insurers, and legal counsel alike on the interpretation of extraordinary work-related stress. For context, on December 6, 2024, Governor Hochul signed legislation amending Section 10 of the Workers’ Compensation Law (WCL) with respect to claims for mental injuries resulting from work-related stress, subject to a chapter amendment agreed to by the Legislature and the Governor (Laws of New York, 2024, Chapter 546, Approval Memorandum 21 [enacting S6635/A5745]).

On February 14, 2025, the Governor signed a chapter amendment (Laws of New York, 2025, Chapter 79 [enacting S755/L1677]). The amendment says that covered employees must demonstrate that the mental disorder arose out of extraordinary work-related stress attributable to a distinct work-related event or events directly related to the employment and occurring during the performance of the employee’s job duties.

The new amendment will take effect June 4, 2025.

What this Means for Employers and Insurers

The key in this new amendment is the word extraordinary. Defining what constitutes extraordinary will come down to each case or judge and cannot be definitively determined until litigation begins in June. The same can be said for the word distinct when referring to distinct work-related events or an event. While the definition and impact of these terms won’t be clarified until June, there are other impacts that these amendments bring, including:

  • The amendments to WCL § 10 in S6635/A5745 were superseded by the chapter amendment signed on February 14, 2025 (S755/L1677) and are no longer in effect.
  • The amendments to WCL § 10 in S755/L1677 that go into effect on June 4, 2025, will apply to all pending claims, regardless of the date of accident.
  • Prior to June 4, 2025, pending claims will be decided based on existing law.

Of note, a new paragraph (c) will be added to subdivision (3) of WCL § 10, providing:

(c) The board may not disallow a claim by a covered employee upon a factual finding that the stress was not greater than that which usually occurs in the normal work environment where a claim for post-traumatic stress disorder (PTSD), acute stress disorder or major depressive disorder resulting from work-related stress is filed upon submission of medical evidence based on the criteria contained in the version of the Diagnostic and Statistical Manual of Mental Disorders in effect on the date of accident, or as otherwise adopted by the board, provided that such adoption shall be no more stringent than the current or immediately preceding version of the Diagnostic and Statistical Manual of Mental Disorders. Such covered employee must demonstrate that such disorder arose out of extraordinary work-related stress attributable to a distinct work-related event or events directly related to the employment and occurring during the performance of the employee’s job duties.

What Jones Jones is Doing

Jones Jones will continue to monitor New York State Workers’ Compensation Law for additional updates, as well as work closely with legislators, judges, clients and others to clarify how the term work-related stress is now interpreted. We will also continue to closely watch any upcoming mental injury workers’ compensation cases or decisions made on mental health injuries to prepare for the potential influx of newly filed claims.

For more information on this new legislation, please visit the New York State website. If you have questions about how this new legislation may impact you, or if you have a mental injury connected to extraordinary work-related stress claim, please contact us at clientservices@jonesjonesllc.com

The legislation signed by New York Governor @Kathy Hochul on Dec. 6 and a February 14 amendment are set to take effect June 4, 2025, amending Section 10 of the Workers’ Compensation Law (WCL) with respect to claims for mental injuries resulting from work-related stress. Jones Jones will continue to monitor the NYSWCB for additional updates and prepare to take necessary action for the potential influx of newly filed claims.

 

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Major Win Alert: Jones Jones Secures Disallowance Ruling

Jones Jones extends a well-deserved congratulations to Jones Jones LLC Associate Michelle Nagesar and her team on succeeding in disallowing a recent case before the New York State Workers’ Compensation Board.

 

In this case, a paramedic transporter alleged an injury to their knee after their ambulance was involved in a traffic accident. While the claimant had a history of knee pain, internal footage showed the claimant did not appear to be injured in this incident. In the internal video footage, the claimant’s knee did not come into contact with any surface during the accident, and they did not appear to be in any kind of immediate pain.

 

Previously, prima facie medical evidence, or first impression medical evidence, was introduced supporting the claim. However, Nagesar and her team produced an additional independent medical examination (IME) which found the claimant’s knee to be casually related, but merely an aggravation from the prior injury. Nagesar and her team argued that this claim should be disallowed in its entirety as the record contained conflicting histories regarding the mechanism of injury. The claimant’s treating physician testified that the claimant’s injuries upon examination were similar to the claimant’s injuries prior to the date of accident, and that the claimant’s testimony was not credible.

 

Due to these arguments, the IMA and claimant waiving their right to depose the IMA, the law judge agreed with Nagesar’s team and disallowed the case.

 

Nagesar and her team closely examined and deftly rebutted the prima facie evidence in this case and secured a disallowance due to their attention to detail. If you are in need of assistance with a workers’ compensation case, please contact our appellate team at clientservices@jonesjonesllc.com.

 

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Jones Jones Hosts Successful Second Annual Attorney Summit to Discuss Timely Trends and Introduce New Practices

 In February 2025 the Manhattan and New Jersey offices of Jones Jones LLC came together to host the firm’s second annual Attorney Summit. The entire Jones Jones legal team from both offices gathered to discuss growth for the firm, the state of the industry, expanding client services and future issues and trends in the space.

 

“The second annual Jones Jones Attorney Summit was a promising exercise in cross-office collaboration as attorneys from both New York and New Jersey gathered to discuss the future of the legal defense and workers’ compensation industries,” said Executive Partner Matthew Jones. “These summits allow us to zoom out to consider the bigger picture and trends of our industries collectively, and the ideas and input we gather provides remarkable benefit to our clients.”

 

Programming for the third-annual event included sessions on:

  • The future growth of Jones Jones LLC,
  • An introduction to the new Jones Jones Aviation and Retail Practices,
  • A Fireside chat between Alliant Vice President Cathie McGrath and Managing Partner Sarah Thomas on the state of the New York State Workers’ Compensation space, what the future holds for the industry and more.

 

“Continuing education and having regular firm-wide conversations on the current and future state of the industry are vital to the Jones Jones core tenets,” said Managing Partner Sarah Thomas, “Having Cathie attend and share her insights helped the entire team at Jones Jones gain perspective on how we can better support our clients in the insurance space. We thank Cathie for her time and look forward implementing her learnings in our day-to-day work.”

 

For more information on Jones Jones LLC and the annual Attorney Summit, please visit https://jonesjonesllc.com/.

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Jones Jones Partner Finds Success for Retail Client with Out-of-the-Box Strategies

Jones Jones is pleased to share the success of Partner and Retail Practice Lead Yvie Cherenfant, who recently secured a series of favorable settlements for a retail client through innovative, unconventional strategies.

 

When Yvie was introduced to the client in late 2024, she immediately took a hands-on approach, requesting a full list of open cases to ensure no claim was left unaddressed. She conducted a thorough review of each case, prioritizing those best suited for settlement while holding older, inactive cases to avoid unnecessary costs for the client.

 

Many of the claims involved slip-and-fall injuries, a top concern for supermarket and other physical retail clients. With this information, Yvie crafted a meticulous, tailored strategy for each case. For newer cases, those filed in 2020 or later, Yvie quickly secured settlement authority and worked to resolve each case efficiently. The client’s confidence and trust in Jones Jones enabled expedited approval of settlement authority when requested.  In each settlement, Yvie secured a general release and resignation with full approval from the board.

 

When opposing counsel claimed that cases were not ready for settlement or attempted to introduce additional injury sites, Yvie developed a targeted litigation strategy to challenge these claims head-on. Her approach included securing all necessary documentation, preparing strong cross-examinations well in advance and challenging questionable medical findings before independent medical evaluations took place.

 

Yvie’s diligence paid off. By effectively challenging efforts to inflate settlements, Yvie secured the disallowance of additional site claims in multiple cases, reducing the client’s financial exposure and streamlining settlements.

 

Named Partner in January 2024 and as the lead of Jones Jones’ new Retail Practice, Yvie continues to push boundaries with innovative and creative legal strategies that deliver results, even in the most complex cases. To learn more about Cherenfant and the Jones Jones LLC team, please visit https://jonesjonesllc.com/.

 

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Jones Jones Expands New Jersey Team with Workers’ Comp Industry Veteran

Jones Jones LLC is pleased to announce the addition of James Koblin to the New Jersey team. James will join Supervising Partner Christine Diana and Operations Partner and fourth generation Jones family attorney Kristina Jones among others in the New Jersey office.

 

“I met James in the Jersey City Workers’ Compensation Court during my first year of practice when we were on opposing sides of a case. His tenacity and skill impressed me then, and he continues to impress me today,” said Supervising Partner Christine Diana. “New to the practice, it feels like James has always been a part of the team. His keen sense of detail and proficiency in identifying issues of concern among other impressive traits, make him a great asset to the team. We are glad to have him aboard”.

 

In his role as Associate for the New Jersey team, James will handle claims from inception to resolution, attending hearings across the state in New Jersey Workers’ Compensation Court. His previous work as a petitioner attorney will bring our team fresh perspective from the other side.

 

With almost 30 years of experience in the New Jersey Workers’ Compensation space, James has strong relationships with the bench, respondent’s counsel and has spent considerable time handling claims across the state. He has resolved thousands of workers’ compensation claims to settlement or completion, including fully litigated motions, judgments, orders for total disability and Section 20 settlements. James is also certified in workers’ compensation by the Supreme Court of New Jersey.

 

For more information on James and the rest of the Jones Jones team, please visit https://jonesjonesllc.com/.

 

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