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Amicus Curiae Brief

Amicus Curiae Brief Submissions in Yonkers

The Anderson v. City of Yonkers case has captured significant attention, particularly in its implications for workers' compensation law, especially as it relates to mental stress injuries. The case's focus on mental stress injuries, particularly those stemming from COVID-19, has raised questions about workers' rights, workplace safety, and mental health in high-stress environments.

Schotter Millican is closely following the developments in this case, as it has the potential to reshape legal precedents regarding the compensability of mental stress injuries in New York. The case is currently being appealed by the City of Yonkers at the Court of Appeals after the claimants’ victory at the lower court.

As the appeal progresses, organizations interested in workers' rights, labor safety, and mental health in the workplace may want to consider submitting an amicus curiae ("friend of the court") brief to help shape the court’s decision.

How to Submit an Effective Amicus Curiae Brief

Under New York Court rules (22 NYCRR 500.23), any organization or nonparty—aside from the Attorney General—wishing to file an amicus brief must obtain permission from the court by filing a motion. Schotter Millican encourages labor organizations, advocacy groups, and other interested parties with in-house counsel to consider this option. Filing an amicus brief allows you to present arguments and insights that may not be adequately covered by the parties in the case but are nonetheless important for the court to consider.

The goal of an amicus brief is to assist the court by providing expert perspectives, highlighting legal precedents, and explaining the broader societal or policy implications of the case. For organizations deeply invested in workers' compensation, this case is a pivotal opportunity to influence the interpretation of mental stress injuries as workplace accidents.

Key Steps to Submit Your Amicus Curiae Brief

To submit an amicus brief, you must comply with the following key requirements:

  1. Permission by Motion: Any organization looking to file must submit a motion to the Court of Appeals, which includes an original amicus brief. The brief must conform to the word and page limits of 22 NYCRR 500.13(c) and meet the formatting standards of 500.1.
  2. Timing: The motion for amicus relief must be served no later than 30 days after the filing date of the appellant's reply brief. The exact briefing schedule can be found on the Court’s website, or you can contact the Clerk’s Office for additional information.
  3. Content and Purpose: The brief should not raise new issues but instead offer a fuller explanation of issues already addressed in the lower courts. Your submission should highlight points or arguments that may escape the Court's notice or provide a specialized viewpoint that the existing parties may lack.
  4. Disclosure: You must disclose whether any party or their counsel contributed to the brief or funded its preparation.

The Importance of Labor Organizations in Amicus Briefs

Labor organizations in particular have a vested interest in this case, as its outcome could impact how mental stress injuries are treated under workers' compensation law. By submitting an amicus brief, your organization can ensure that the court understands the broader implications of this case for all workers, particularly those who may face high-stress environments as part of their daily work.

Schotter Millican is particularly interested in the involvement of labor organizations in supporting the rights of workers through amicus briefs. The firm's aim is to bring attention to the importance of fair compensation for workers suffering from mental stress injuries, including those exacerbated by conditions such as COVID-19.

For Interested Organizations

If your organization is interested in submitting an amicus brief, now is the time to act. Reach out to your in-house counsel and consult 22 NYCRR 500.23 for guidance on how to proceed. The impact of this case will be far-reaching, and your brief could play a critical role in ensuring that the rights of workers are fully considered.

For more information on how to submit an amicus brief or to discuss potential collaboration, please contact the Clerk’s Office or visit the Court’s website for up-to-date briefing schedules and filing deadlines.

This is a significant opportunity to influence the future of workers' compensation law in New York. Schotter Millican is committed to advocating for the rights of injured workers and welcomes the support of like-minded organizations in this case.

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Our FAQ

Have questions? We are here to help. Still have questions or can't find the answer you need? Give us a call at 718-550-0610 today!

  • Can I take video of my independent medical evaluation?
    Yes! Videography plays a crucial role in protecting the rights of injured workers during Independent Medical Examinations (IMEs). In New York, employers and their insurance providers can require an IME after an injured employee files a workers’ compensation claim.
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    At Schotter Millican, our legal fees are dependent upon us recovering compensation for you. There are no upfront or out-of-pocket expenses when you hire our team and, in the unlikely event we do not recover a settlement or verdict on your behalf, you do not pay.
  • What should I do if I was injured on the job or diagnosed with a work-related illness?
    First, you should seek medical attention. If you were involved in a serious workplace accident, call 911 or go to the emergency room if necessary. Your health and safety are the most important things. Next, you should notify your employer about the injury or illness right away. Generally speaking, the law requires you to report the injury or illness to your employer within 30 days. If you fail to do so, you could lose your right to workers’ compensation benefits. Once you have sought medical attention and have reported the injury, you should contact a workers’ compensation attorney right away. Your employer may try to dispute your claim, or they could argue that you had a preexisting condition. You may wish to get a second opinion after your initial medical examination, or you may disagree with your doctor’s assessment of your injuries. Your attorney can help you with all of these things, as well as any other legal aspect of your claim.

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