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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
Feb 14, 1997

Nunez v. A-T Financial Information, Inc.

Plaintiff, an account executive at A-T Financial Information, Inc. (ATF), alleged sexual harassment and discrimination by defendant Andrews, ATF's Vice President of Sales. During a sales dinner, Andrews made crude sexual remarks to the plaintiff. Following the incident, plaintiff reported the conduct, experienced a deterioration in her work relationships, and was ultimately terminated by ATF. She filed a lawsuit alleging violations of federal and New York Human Rights Law, as well as common law claims for defamation, intentional infliction of emotional distress, and breach of an implied covenant of good faith and fair dealing. The court granted ATF's motion to dismiss the common law claims, ruling that the defamation claim lacked special damages, Andrews' conduct, while reprehensible, did not meet the 'outrageous' standard for emotional distress, and New York law does not recognize an implied covenant in at-will employment.

Sexual harassmentWorkplace discriminationHostile work environmentDefamation lawIntentional infliction of emotional distressAt-will employmentMotion to dismissNew York common lawTitle VII claimsHuman Rights Law
References
28
Case No. MISSING
Regular Panel Decision

Matter of Turi v. Five L. Enterprises, Inc.

In this workers' compensation case, the claimant's spouse died in a 1993 work-related accident, leading to an award of death benefits. The employer's workers’ compensation carrier was directed to deposit a substantial sum into the Aggregate Trust Fund (ATF) but failed to do so. The claimant sought to impose a 20% penalty on the carrier for this untimely payment, arguing it violated Workers’ Compensation Law § 25 (3) (f). The Workers’ Compensation Board determined that the claimant lacked standing to request such a penalty. The appellate court affirmed the Board's decision, clarifying that issues regarding late deposits into the ATF are between the ATF and the carrier, not the claimant, and are governed by separate regulations (12 NYCRR 393.2).

Aggregate Trust FundDeath BenefitsPenalty ImpositionTimely DepositStandingWorkers' Compensation CarrierWorkers' Compensation BoardLate PaymentActuarial ComputationJudicial Review
References
2
Case No. MISSING
Regular Panel Decision
Nov 03, 2010

Flynn v. Managed Care, Inc.

This case involves an appeal by a workers' compensation carrier and employer challenging a Workers’ Compensation Board decision. The Board had ruled that the carrier was entitled to a refund of $64,540.56 from the aggregate trust fund (ATF). The dispute arose when the carrier, directed to deposit funds into the ATF after a decedent's employment-related death, withheld payment during appeals and paid beneficiaries directly. After the award was affirmed, the carrier deposited the required sum with interest and sought a full refund for its prior direct payments. The appellate court affirmed the Board's decision, concluding that the carrier's delayed payment justified the interest charge to prevent a windfall and ensure the ATF maintained sufficient funds.

Workers' Compensation BoardAggregate Trust FundWorkers' Compensation CarrierEmployer AppealRefund DisputeInterest CalculationLate PaymentCommutationBeneficiary PaymentsAppellate Review
References
5
Case No. MISSING
Regular Panel Decision

Claim of Carpenter v. Jim's Delicatessen, Inc.

In this workers' compensation appeal, the claimant suffered a compensable eye injury in 1970, leading to a schedule loss award. The carrier paid the present value of this award into the Aggregate Trust Fund (ATF), and the case was closed. Subsequently, the case was reopened due to further surgery and disability, resulting in additional awards. A dispute arose between the carrier and the ATF regarding liability for these new awards. The Workers' Compensation Board reversed a referee's ruling, holding the carrier liable, stating that the carrier's initial payment into the ATF only covered the original award. The Appellate Division affirmed the Board's decision, emphasizing that Workers’ Compensation Law § 27 discharges a carrier from liability only for compensation covered by the original award, not for new claims based on conditions not covered initially.

Workers' CompensationAggregate Trust FundCarrier LiabilitySchedule LossReopened CaseFurther DisabilityNew AwardReimbursementStatutory InterpretationAppellate Division
References
2
Case No. MISSING
Regular Panel Decision
Mar 07, 2013

Claim of Monahan v. Founders Pavilion, Inc.

Claimant sustained a work-related injury in 2006, leading to a permanent partial disability classification in 2009. The Workers’ Compensation Law Judge (WCLJ) directed the employer's workers' compensation carrier to deposit funds into the aggregate trust fund (ATF) per Workers’ Compensation Law § 27 (2). The carrier's appeals were unsuccessful, with the Workers’ Compensation Board affirming the decision. A supplemental decision set the ATF deposit at $127,241.44. During pending appeals, the claimant died in April 2010 from unrelated causes. The carrier requested rescission of the deposit obligation, arguing claimant's death extinguished it. The Board upheld the decision, and the full Board affirmed, imposing a $500 frivolous appeal penalty. The carrier appealed to this Court. The Court affirmed the obligation to pay into the ATF, citing Workers’ Compensation Law § 27 (4), which maintains the obligation regardless of claimant's death during appeal. The Court also found no requirement to recalculate the payment based on interim carrier payments. However, the Court reversed the frivolous appeal penalty, deeming it unwarranted given the dissent at the Board level and the unsettled nature of the legal issue.

Workers' Compensation LawAggregate Trust FundPermanent Partial DisabilityFrivolous AppealAppellate ReviewStatutory InterpretationClaimant DeathCarrier ObligationsLump-Sum PaymentInterest
References
7
Case No. 15 NY3d 713
Regular Panel Decision

Raynor v. Landmark Chrysler

This case addresses the interpretation of amendments to New York's Workers’ Compensation Law concerning lump-sum deposits into the Aggregate Trust Fund (ATF). Claimant Randy Raynor suffered a permanent partial disability in 2004, and in 2008, his employer's carrier, Erie Insurance Company of New York, was ordered to deposit the present value of his uncapped award into the ATF. The carrier challenged this, arguing retroactivity, speculation in calculation, and constitutional violations. The Workers’ Compensation Board and Appellate Division upheld the order. The Court of Appeals affirmed, ruling that the plain language of the amended statute mandates such deposits for awards made after the effective date, irrespective of the injury date, and that this application is not retroactive, arbitrary, or unconstitutional.

Workers' Compensation LawAggregate Trust FundPermanent Partial DisabilityNon-Schedule AwardsStatutory InterpretationLegislative IntentRetroactivityConstitutional LawInsurance CarriersNew York Court of Appeals
References
16
Case No. MISSING
Regular Panel Decision

Claim of D'Addio v. Peter Annis, Inc.

A widow filed a claim for workers' compensation death benefits after her husband, who had an established claim for asbestosis, died. A Workers' Compensation Law Judge (WCLJ) found a work-related death and ordered the employer's carrier to deposit funds into the aggregate trust fund (ATF) in July 2010. The carrier did not appeal this initial decision. After a subsequent WCLJ decision in December 2010 reiterated the ATF deposit, the carrier sought review, arguing the deposit was unwarranted. The Workers' Compensation Board denied the carrier's application as untimely. The appellate court affirmed the Board's decision, holding that the 30-day appeal period for the July 2010 decision had expired and the later WCLJ decision did not extend that timeframe. The court found no abuse of discretion by the Board.

Workers' CompensationUntimely ApplicationAggregate Trust FundDeath BenefitsAsbestosisOccupational DiseaseAppellate ReviewBoard DiscretionTimelinessAppeal Denial
References
5
Case No. 517975
Regular Panel Decision
Dec 04, 2014

MatterofMonahanvFoundersPavilion,Inc.

Claimant Sharon Monahan suffered a work-related injury in 2006, leading to a permanent partial disability and an order for the employer's carrier to deposit funds into the Aggregate Trust Fund (ATF). While appeals were pending, Monahan died in April 2010 from unrelated causes. The carrier argued that her death extinguished their obligation to pay into the ATF, but the Workers' Compensation Board upheld the deposit order. The full Board affirmed and imposed a $500 penalty for a frivolous appeal. The Appellate Division affirmed the Board's decision regarding the carrier's obligation to pay, citing Workers' Compensation Law § 27 (4), which mandates payment regardless of a claimant's death during appeal. However, the court reversed the frivolous appeal penalty, finding the issue not sufficiently settled given the Board's initial dissent.

Workers' CompensationPermanent Partial DisabilityAggregate Trust FundLump-Sum PaymentDeath of ClaimantAppeal PendencyFrivolous AppealStatutory InterpretationAppellate ReviewNew York Law
References
6
Case No. MISSING
Regular Panel Decision

Claim of Collins v. Dukes Plumbing & Sewer Service, Inc.

This case involves appeals from three Workers’ Compensation Board decisions concerning the application of 2007 amendments to Workers’ Compensation Law §§ 15 (3) (w) and 27 (2). The amendments mandated lump-sum payments into the aggregate trust fund (ATF) for permanent partial disability (PPD) awards made on or after July 1, 2007, irrespective of the injury date. Employers' private insurance carriers challenged this requirement, asserting improper retroactive application, difficulties in calculating present values for uncapped awards, and constitutional violations. The Board affirmed its prior decisions, holding that the statutory language was unambiguous and rejected all constitutional challenges.

Workers' Compensation LawStatutory InterpretationRetroactive ApplicationPermanent Partial DisabilityAggregate Trust FundConstitutional LawTakings ClauseContract ClauseEqual ProtectionPrivate Insurance Carriers
References
19
Case No. MISSING
Regular Panel Decision

Claim of Turdo v. Dellicato Vineyards

The case addresses whether the New York State Insurance Department Liquidation Bureau is required to make a mandatory deposit into the Aggregate Trust Fund (ATF) for workers' compensation death benefits. The Workers' Compensation Board had ruled that the deposit was mandatory, reversing its previous stance. However, the appellate court found that the plain language of Workers' Compensation Law § 27 does not mandate such deposits for the Liquidation Bureau, as it is not a 'stock corporation or mutual association'. While the Board possesses discretionary power to require deposits from 'insurance carriers', the court noted that the Board's decision was solely based on the mandatory provision. Therefore, the matter was remitted to the Board to consider if a discretionary deposit would be appropriate.

Workers' Compensation Law § 27Aggregate Trust FundLiquidation BureauDeath BenefitsMandatory DepositDiscretionary DepositInsurance CarrierStatutory InterpretationAppellate ReviewRemand
References
10
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