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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. MISSING
Regular Panel Decision
Nov 18, 1975

In re the Arbitration between Local 100, Transport Workers Union of America & Bronx Surface Transit Operating Authority

The Supreme Court, New York County, issued a judgment on November 18, 1975, which was subsequently and unanimously affirmed. The affirmation was based on the original opinion rendered by Justice Spiegel at Special Term. The appellate decision did not award any costs or disbursements. Justices Stevens, Markewich, Lupiano, Silverman, and Lynch all concurred with the affirmation.

Supreme CourtNew York CountyAppellate DecisionAffirmedConcurrenceJudicial OpinionNo CostsNo DisbursementsPanel ReviewSpecial Term
References
1
Case No. MISSING
Regular Panel Decision
Apr 17, 1980

Claim of Mastrogiovanni v. Underhill

The Workers’ Compensation Board's decision, filed April 17, 1980, concerned a claimant who sustained two back injuries in 1975 while working as a labor foreman. The Board, relying on medical evidence from Doctors Kessler and Hochberg, apportioned responsibility for the claimant's overall disability: 25% to the July 3, 1975 accident and 75% to the October 7, 1975 accident. It further determined that the July 3, 1975 accident was not subject to Workers’ Compensation Law section 15-8d, as it did not materially and substantially worsen any prior permanent condition. Conversely, the October 7, 1975 accident was deemed subject to section 15-8d due to its material and substantial worsening of the claimant's condition. The employer and carrier appealed, challenging the apportionment and seeking reimbursement under section 15-8d for the July 3, 1975 accident, contending a preexisting condition should bear a portion of the disability. The Appellate Division affirmed the Board's decision, concluding that there was substantial evidence in the record to support its findings.

ApportionmentWorkers' CompensationBack InjuryDisabilityPreexisting ConditionSection 15-8dMedical EvidenceAppellate DivisionSubstantial EvidenceBoard Panel
References
4
Case No. MISSING
Regular Panel Decision
Feb 15, 1994

Claim of Ferber v. New York Department of Corrections

The claimant, a correction officer, was held hostage in 1975 but sought no immediate medical attention. Sixteen years later, in 1991, while undergoing treatment for an eating disorder, she was diagnosed with work-related posttraumatic stress disorder (PTSD) stemming from the 1975 incident. Her claim for workers' compensation benefits was subsequently controverted. The Workers' Compensation Board ruled the claim time-barred and lacked merit due to insufficient credible medical evidence establishing a causal link between the 1975 incident and her 1991 disablement. The appellate court affirmed this decision, concluding that substantial evidence supported the Board's finding of no causal connection, thereby obviating the need to address the timeliness issue.

Posttraumatic Stress DisorderPTSDCorrectional OfficerHostage IncidentWorkers' CompensationCausal NexusMedical EvidenceTimelinessAffirmationBoard Decision
References
5
Case No. MISSING
Regular Panel Decision

Claim of Underdown v. Treadwell Corp.

The claimant, a boilermaker, suffered a myocardial infarction in 1973. In October 1975, while working, he experienced another cardiac event after strenuous activity, leading to immediate hospitalization and a diagnosis of coronary insufficiency. He subsequently ceased working and, following his death in December 1979, the Workers' Compensation Board found him permanently partially disabled from February 3, 1976, until his death. The appellate court affirmed this decision, finding substantial evidence to support the original finding that the strain on October 28, 1975, precipitated a cardiac event, even on a pre-existing condition. The court also noted that the treating physician's testimony adequately linked the 1975 incident to the claimant's subsequent deterioration and attacks in 1977, rejecting the argument that the expert was unaware of the 1973 injury.

Myocardial InfarctionCoronary InsufficiencyPermanent Partial DisabilityCausal RelationshipPre-existing PathologyStrenuous WorkCardiac EventMedical TestimonyWorkers' CompensationAppellate Review
References
5
Case No. MISSING
Regular Panel Decision

Claim of Garafolo v. Arms Hills Supermarkets

This is an appeal from a Workers’ Compensation Board decision from September 21, 1978, disallowing a compensation claim. The claimant, a meat wrapper, developed asthma exacerbated by polyvinyl chloride fumes at work. She filed a claim in May 1975, stating disablement from "meat wrapper’s asthma" as of July 28, 1975, when she became aware of its occupational cause. The Board denied the claim under Workers’ Compensation Law § 40, finding the disease was contracted more than 12 months before disablement. The claimant argued "meat wrapper’s asthma" was not a known condition until 1975. The court affirmed the Board’s decision, citing that the disease's aggravation in employment constituted contraction and that the 12-month rule applied, irrespective of when the claimant gained knowledge of the occupational link.

Meat Wrapper's AsthmaOccupational DiseaseWorkers' Compensation LawDisease ContractionDate of DisablementCausal RelationshipAsthma ExacerbationClaim TimelinessAggravation of Pre-existing Condition
References
2
Case No. MISSING
Regular Panel Decision

Falvey v. John F. Curry, Inc.

The claimant's decedent disappeared in February 1970. Five years later, in 1975, the Surrogate's Court of Kings County issued temporary letters of administration, presuming the date of death as February 11, 1970. The claimant then filed for death benefits. The employer and carrier appealed the award of benefits, contending there was no substantial evidence linking the death to employment and that the claim was time-barred by Workers' Compensation Law section 28. The court found substantial evidence to support the finding that the death occurred in the course of employment. Additionally, the court ruled that under EPTL 2-1.7, the presumed date of death for an unexplained absence is five years after the disappearance, making the actual presumed death date February 11, 1975. Consequently, the claim filed on November 20, 1975, was deemed timely, and the board's decision was affirmed.

Workers' CompensationDeath BenefitsPresumed DeathUnexplained AbsenceTime BarStatute of LimitationsEPTLCourse of Employment
References
3
Case No. MISSING
Regular Panel Decision

Gallo Wine Sales of New Jersey, Inc. v. Wholesale Wine Salesmen's Union, Local 18

This case concerns a labor dispute between a 'Company' and a 'Union' regarding the arbitrability of sales commission disputes. The parties had a 1975 collective bargaining agreement with an "Earning Guarantee" clause and an arbitration provision, which expired in 1978. After negotiations and a settlement agreement, a new 1979 agreement was formed without the "Earning Guarantee". The Union sought arbitration for commissions from May-November 1979, prompting the Company to seek an injunction against arbitration. The Company argued the dispute was not arbitrable under the 1975 agreement's exclusionary clause, or that any obligation to arbitrate was vitiated by the settlement, a strike, or the 1979 agreement. The Union cross-moved to compel arbitration. The court denied the Company's motion and granted the Union's motion, ruling that questions of contract termination, the arbitrability of the sales commission dispute under the 1975 agreement's provisions (including the exclusionary clause), and the defense of waiver were all matters for the arbitrator to decide, upholding the strong presumption in favor of arbitration in labor disputes.

Labor LawArbitrationCollective Bargaining AgreementContract InterpretationArbitrabilityInjunctionUnfair Labor PracticeLMRAWaiverSales Commissions
References
20
Case No. MISSING
Regular Panel Decision
Jan 14, 1975

Cicalo v. City of New York

An order from the Supreme Court, New York County, entered on January 13, 1975, and a judgment from the same court entered on January 14, 1975, were unanimously affirmed. The decision was based on the reasons stated by Justice Fein at Special Term. The affirmation was made without costs and without disbursements. Justices Lupiano, Birns, Capozzoli, Lane, and Nunez concurred with the decision.

Appellate DecisionAffirmed JudgmentNew York Supreme CourtJudicial ConcurrenceSpecial Term
References
3
Case No. MISSING
Regular Panel Decision

Claim of Lucas v. Peter Kiewit Sons Co.

Decedent Stanley Lucas, an electrician, died from generalized pancreatitis secondary to a ruptured pancreatic abscess, which was found to be a compensable injury. He was discovered lying on the ground at work by a co-worker after reportedly hurting himself on a plank, leading to a contusion on his pancreas. Medical testimony from Dr. Seymour Cutler and Dr. Lester M. Fox established a direct causal link between the work injury on January 23, 1975, and his death on January 27, 1975. The Workers' Compensation Board's finding that the claimant sustained an accident arising out of and in the course of employment, resulting in a causally related death, was supported by substantial evidence. The decisions of the Board were affirmed on appeal.

Workers' Compensation Law § 118Corroboration of AccidentDecedent's DeclarationsExpert Medical TestimonyAppellate ReviewCausal RelationshipPancreatic InjuryEmployment-Related DeathSubstantial Evidence ReviewBoard Affirmation
References
2
Case No. MISSING
Regular Panel Decision

Claims of Tikton v. Tuckertime, Inc.

The case involves an appeal from a Workers' Compensation Board decision disallowing a claim related to the disappearance and death of a proprietor. The decedent was last seen working at his business on May 28, 1975, before he and his business registers went missing, with his body later found on June 23, 1975, having suffered severe head injuries. The Board concluded there was no evidence of an accident in the course of employment, prompting the appeal. The appellate court reversed the decision, applying the presumption that an employee last seen working continues in that status until proven otherwise, finding the Board's conclusion lacked substantial evidence. The matter was subsequently remitted for further proceedings against the employer and its insurance carrier.

Workers' CompensationPresumption of EmploymentDisappearance and DeathHomicideCausal RelationSubstantial EvidenceReversal of Board DecisionRemittalEmployer LiabilityInsurance Carrier Liability
References
5
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