Legal Question in Workers Comp in New York

I received a medical consultant report for a Work Injury that states my records were being reviewed for the purpose of 15-8/M & S. What is 15-8/M & S?


Asked on 7/01/10, 2:26 pm

1 Answer from Attorneys

Brian Mittman Markhoff & Mittman, PC

Section 15-8 of the NY Workers Compensation Law is what was known as the "Pre-Existing Injury" fund. Basically, the insurance companies could get money from a special fund to pay part of their costs of a compensation case if the injured worker had a prior disabiling work injury. However under the changes to the law in 2007 that fund was eliminated and the official elimination took place today, July 1, 2010! Therefore, the insurance company still has a right to get some money on your case if they can prove your current condition was materially and substantially (M&S!) greater due to your prior injury on top of your current injury. For the most part it should not effect your case much. If you have an attorney he or she can give you a better idea about that. For more useful information check out www.hurtonthejobfreebook.com. Goodl luck.

Read more
Answered on 7/01/10, 6:40 pm


Related Questions & Answers

More Workers' Compensation Law questions and answers in New York