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

Case No. ADJ5621413
Regular
Sep 15, 2016

LORI RENFRO vs. SUMMIT COUNSELING AND EDUCATION, STATE COMPENSATION INSURANCE FUND, SUBSEQUENT INJURIES BENEFIT TRUST FUND

This case involves applicant Lori Renfro's claim for Subsequent Injuries Benefit Trust Fund (SIBTF) benefits following a work injury. The WCJ initially awarded benefits, finding the industrial injury's standalone disability exceeded the 35% threshold. The SIBTF appealed, arguing the injury's standalone disability was below 35% and the prior disability should be measured at the time of the subsequent injury. The Appeals Board rescinded the award, finding the WCJ erred by not properly applying the 35% threshold for the subsequent injury alone. The matter is remanded to determine the applicability of Labor Code section 4751(a) and to re-evaluate the 70% combined disability threshold, measuring prior disability as it existed before the subsequent injury.

Subsequent Injuries Benefit Trust FundSIBTFpermanent disability thresholdapportionmentLabor Code section 4751combined disabilityprior disabilitysubsequent injuryvocational expertQME
References
4
Case No. ADJ2701474 (SAC 0322519)
Regular
Mar 13, 2009

JAMES POLSON vs. CONTINENTAL TRANSPORTATION, DEPARTMENT OF INDUSTRIAL RELATIONS as trustee for the SUBSEQUENT BENEFITS TRUST FUND

The Workers' Compensation Appeals Board granted reconsideration, rescinded the prior decision, and returned the case for further proceedings. The WCAB found the applicant's vocational expert's opinion that the applicant is permanently and totally disabled due to pre-existing cognitive issues and the industrial injury constitutes substantial evidence. This opinion was deemed to meet the SIBTF threshold of 70% combined permanent disability. The WCAB instructed the trial judge to recalculate SIBTF benefits based on this finding.

Subsequent Injuries Benefits Trust FundVocational rehabilitation expertPermanent total disabilityMultiple Disabilities TableAgreed Medical EvaluatorPre-existing disabilityLabor marketVocational expert opinionIndustrial injuryWorkers' compensation administrative law judge
References
1
Case No. ADJ9141358, ADJ9141354
Regular
Apr 18, 2023

ROBERT BEACH vs. SUBSEQUENT INJURIES BENEFITS TRUST FUND

The Workers' Compensation Appeals Board (WCAB) granted the Subsequent Injuries Benefits Trust Fund's (SIBTF) petition for reconsideration, rescinding the previous award. The WCAB found that it was unclear whether the applicant met the 5% and 70% eligibility thresholds for SIBTF benefits due to insufficient medical evidence and lack of clear findings regarding the permanent disability percentages of both pre-existing and subsequent injuries. Additionally, the deviation from the standard 15% attorney's fee to 25% lacked sufficient justification. The case is returned to the trial level for further proceedings.

Subsequent Injuries Benefits Trust Fundopposite and corresponding member5% threshold70% thresholdpermanent partial disabilityindustrial aggravationcumulative traumawhole person impairmentpre-existing impairmentslabor disabling
References
11
Case No. No. 70
Regular Panel Decision
Oct 25, 2022

The Matter of City of Long Beach v. New York State Public Employment , Relations Board

This case addresses whether the Taylor Law requires municipalities to engage in collective bargaining over pre-termination procedures for employees absent for over a year due to line-of-duty injuries under Civil Service Law § 71. The City of Long Beach challenged a Public Employment Relations Board (PERB) ruling that mandated such bargaining. The New York Court of Appeals reversed the Appellate Division's decision, which had sided with the City, and reinstated the Supreme Court's judgment affirming PERB. The Court held that legislative intent to remove this issue from mandatory bargaining was not clear, and therefore, pre-termination procedures are a mandatory subject of collective bargaining.

Collective BargainingTaylor LawCivil Service Law § 71Public Employment Relations BoardMunicipal EmploymentTermination ProceduresLine-of-Duty InjuryStatutory InterpretationMandatory BargainingDue Process
References
14
Case No. 70 Civ. 1374; 70 Civ. 1642
Regular Panel Decision

Socialist Workers Party v. Rockefeller

This consolidated suit challenged several sections of the New York State Election Law impacting independent political parties' access to the ballot for the November 1970 general election. Plaintiffs, including the Socialist Workers Party, Socialist Labor Party, and Freedom and Peace Party, alleged that provisions such as signature distribution requirements, voter registration restrictions, witness authentication, literacy tests, and unequal access to voter lists unconstitutionally burdened minority parties and diluted voter rights. The three-judge court ruled certain sections unconstitutional, specifically the statewide signature distribution requirement, the prohibition on newly registered voters signing independent petitions, and the unequal provision of free voter lists to major parties. Conversely, the court upheld the disqualification for primary election voters, the English literacy test (deferring to Supreme Court precedent), and the appointment process for election commissioners. Other challenged provisions regarding dual petition signing and witness knowledge were deemed constitutionally permissible under specific judicial interpretations.

Election Law ChallengesIndependent Political PartiesVoter RightsBallot Access RestrictionsEqual Protection ClauseFirst Amendment FreedomsNominating PetitionsLiteracy TestsVoter ListsElection Commissioners
References
42
Case No. MISSING
Regular Panel Decision
Jan 10, 1980

Claim of Harris v. Inc. Village of Westbury

This case involves an appeal from a Workers’ Compensation Board decision filed on January 10, 1980. The Board found the claimant permanently totally disabled due to a 1969 industrial accident and other unrelated accidents, with one-third of the disability causally related to the 1969 incident. An award of $42.79 as the weekly compensation rate was made. The appellants contended this rate was incorrect, arguing that three times this amount would exceed the statutory maximum of $70 for total disability related to the 1969 accident. The Board, however, maintained its computation was correct, based on a continuing causally related disability of one-third and not subject to a $70 maximum computation. The court affirmed the Board's decision, stating that the appellants’ argument was erroneous as there was no finding that the 1969 accident alone caused total disability, and the award did not exceed the $70 maximum.

Workers' CompensationDisabilityPermanent Total DisabilityIndustrial AccidentCompensation RateStatutory MaximumCausal RelationshipBoard DecisionAppealRate Calculation
References
4
Case No. MISSING
Regular Panel Decision

Matter of Kent v. Cuomo

Petitioners, state employees typically ineligible for overtime, challenged a determination by the State Budget Director regarding overtime compensation following Hurricane Sandy. The Budget Director's bulletin authorized overtime for hours worked beyond 47.5 per week, rather than the 40-hour threshold sought by petitioners. Petitioners argued that the Budget Director was statutorily required to compensate for all hours over 40. The Supreme Court partially dismissed their application, leading to this appeal. The appellate court deferred to the Budget Director's interpretation of Civil Service Law § 134 (6), finding the 47.5-hour threshold was not irrational or unreasonable given the agency's expertise and consistent past application. The court also held that employer respondents did not act irrationally in not requesting compensation below the 47.5-hour threshold, as this authority rests solely with the Budget Director.

Overtime CompensationExtreme EmergencyHurricane SandyState EmployeesCivil Service LawStatutory InterpretationAdministrative DiscretionNormal Workweek47.5-Hour ThresholdCPLR Article 78
References
8
Case No. ADJ5774907
Regular
Jan 15, 2014

ROBERT PORTER vs. LOWE'S HOME IMPROVEMENT WAREHOUSE, INC.; SEDGWICK CLAIMS MANAGEMENT SERVICES, INC.

The Appeals Board granted the defendant's Petition for Removal, overturning a prior order that dismissed the case from the trial calendar. The defendant seeks to litigate the statute of limitations as a threshold issue, arguing it was improperly denied. The Board found that statute of limitations is a threshold issue that can be bifurcated and that the prior denial of a dismissal petition was procedural, not on the merits. The case is returned to the trial level for proceedings on the statute of limitations.

Petition for RemovalStatute of LimitationsJurisdictionRes JudicataThreshold IssueLabor Code Section 5405Affirmative DefenseBifurcationDeclaration of ReadinessOff Calendar
References
3
Case No. ADJ9845740
Regular
Dec 18, 2019

RICHARD OKUNIEWICZ vs. CHRISTOFFERSON TRANSPORTATION, QBE-PRAETORIAN INSURANCE COMPANY

This case concerns an employer's petition for removal challenging a judge's order denying a motion to compel an in-person vocational evaluation. The Appeals Board denied the petition, treating it as a reconsideration request because the underlying order resolved threshold issues. Although the decision was final regarding threshold matters, the Board reviewed the discovery dispute under the extraordinary removal standard. The majority found no significant prejudice or irreparable harm from denying the in-person evaluation, as a remote evaluation was deemed sufficient.

Petition for ReconsiderationPetition for RemovalFindings and OrderMedical-Legal EvaluationCompelSignificant PrejudiceIrreparable HarmThreshold IssueInterlocutory IssueVocational Evaluation
References
7
Case No. ADJ6762619 ADJ6762627 ADJ6762634
Regular
Sep 10, 2018

EDWARD SHER vs. CAST & CREW ENTERTAINMENT SERVICES, INC., ZURICH NORTH AMERICA, ENTERTAINMENT PARTNERS, AIG, NBC UNIVERSAL/ELECTRIC INSURANCE

This case concerns an applicant's petition for reconsideration of a workers' compensation award. The applicant sought inclusion of a life pension in an award that already recognized 70% permanent disability. The Appeals Board granted reconsideration solely to amend the award, confirming the statutory entitlement to a life pension for 70% or more permanent disability. The Board otherwise affirmed the original award, incorporating the WCJ's reasoning. A defendant's untimely request to amend the party defendants was declined but may be addressed at the trial level.

WCABPetition for ReconsiderationJoint Findings Award and Orderpermanent disabilitylife pensionLabor Code § 4659WCJ ReportDefendants' Answerslife pension amendmentstatutory entitlement
References
2
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