21 Jul 2017

New York: Spouse-Supplied Home Health Care Services Must be Paid to Claimant, Not Spouse Rendering Services

Where a claimant established a claim for multiple work-related injuries as a result of a stroke that rendered him hemiplegic and wheelchair bound and, as a result of his injuries, claimant was in need of home health care services, some of which were authorized to be provided by claimant’s wife, it was error for the Workers’ Compensation Board to conclude that payment should be made directly to claimant’s wife. Citing multiple earlier decisions, the appellate court held the award must be paid only to the claimant.

Thomas A. Robinson, J.D., the Feature National Columnist for the LexisNexis Workers’ Compensation eNewsletter, is the co-author of Larson’s Workers’ Compensation Law (LexisNexis).

LexisNexis Online Subscribers: Citations below link to Lexis Advance.

See Matter of Buckner v. Buckner & Kourofsky, LLP, 2017 N.Y. App. Div. LEXIS 5595 (July 13, 2017)

See generally Larson’s Workers’ Compensation Law, § 94.03.

Source: Larson’s Workers’ Compensation Law, the nation’s leading authority on workers’ compensation law