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

Case No. ADJ4343203
Regular
Feb 06, 2015

PEDRO CABALLERO (DECEASED) vs. CONTINENTAL PUMPING, STATE COMPENSATION INSURANCE FUND

This case involves a deceased applicant whose death was determined by an Agreed Medical Evaluator to be unrelated to his industrial injury. The defendant sought dismissal of the claim, but the WCJ initially included a provision requiring all liens to be resolved first. The Appeals Board granted the defendant's Petition for Removal, finding no statutory basis to delay dismissal pending lien resolution, especially since lien claimants were properly served and did not object. The Board amended the Notice of Intent to Dismiss, removing the lien resolution requirement, and ordered the Application for Adjudication of Claim dismissed.

Petition for RemovalSkeletal PetitionNotice of Intent to DismissAgreed Medical EvaluatorDismissal for Failure to ProsecuteLien ClaimantsApplication for Adjudication of ClaimWorkers' Compensation Appeals BoardIndustrial InjuryCause of Death
References
0
Case No. claim No. 1, claim No. 2
Regular Panel Decision

Colley v. Endicott Johnson Corp.

The case involves an appeal from a Workers' Compensation Board decision concerning two claims. The claimant suffered a back injury in 1985, and that claim was closed in 1986. In 2004, while working in Ohio for MCS Carriers, the claimant sustained another back injury. The Workers' Compensation Law Judge ruled that the 1985 claim was barred from reopening by Workers’ Compensation Law § 123 and that New York lacked subject matter jurisdiction over the 2004 claim. The Workers' Compensation Board affirmed these rulings, leading to this appeal. The appellate court affirmed the Board's decision, confirming the applicability of § 123 to the 1985 claim due to lapsed statutory limits and concluding that insufficient significant contacts existed to confer New York jurisdiction over the 2004 out-of-state injury.

Workers' CompensationJurisdictionStatute of LimitationsReopening ClaimOut-of-state InjurySignificant ContactsAppellate ReviewBack InjuryTruck DriverNew York Law
References
6
Case No. CV-24-1460
Regular Panel Decision
Feb 19, 2026

In the Matter of the Claim of Bonnie Blake

Claimant Bonnie C. Blake appealed an amended decision of the Workers' Compensation Board, which ruled she needed to show ongoing labor market attachment for both her 2000 and 2017 injury claims. The Appellate Division, Third Judicial Department, reviewed the applicability of the 2017 amendment to Workers' Compensation Law § 15 (3) (w). The court found that due to her return to full-time employment at pre-injury wages at the time of her 2011 permanent partial disability classification for Claim No. 1, and no finding of voluntary withdrawal from the labor market, the 2017 amendment applied retroactively. Consequently, the claimant was not required to demonstrate ongoing labor market attachment for Claim No. 1 to be entitled to indemnity benefits. The Court modified the Board's decision, reversing the requirement for labor market attachment in Claim No. 1 and remitted the matter for further proceedings.

Workers' Compensation Law § 15 (3) (w)Labor Market AttachmentPermanent Partial DisabilityRetroactive ApplicationSpecial Fund for Reopened CasesDue ProcessAppellate Division Third DepartmentWage-Earning CapacityIndemnity BenefitsWorkers' Compensation Board
References
14
Case No. MISSING
Regular Panel Decision
Jan 08, 2002

Claim of Palma v. New York City Department of Corrections

The claimant, a Vietnam veteran and former correction officer, sustained injuries in 1975 and was awarded workers' compensation benefits. His case was later reopened to address consequential posttraumatic stress disorder (PTSD), but a Workers' Compensation Law Judge (WCLJ) and the Board attributed his PTSD to his Vietnam service, not his employment assault. Claimant's subsequent application for a rehearing and/or reopening of the claim, based on new psychiatric reports from 1999 and 2000, was denied by the Board on January 8, 2002. The Board concluded that the claimant failed to demonstrate the medical evidence was unavailable earlier or indicated a change in his psychiatric condition. This appeal challenged the Board's denial of the rehearing application, rather than the underlying PTSD claim. The court affirmed the Board's decision, finding no arbitrary, capricious, or abusive discretion in the denial of the application.

Workers' CompensationAppealRehearingReopening ClaimPosttraumatic Stress Disorder (PTSD)Correction OfficerVietnam VeteranMedical EvidenceAbuse of DiscretionArbitrary and Capricious
References
3
Case No. MISSING
Regular Panel Decision
Nov 08, 1978

In re Mycuta A.

This case involves a juvenile respondent who admitted to acts constituting assault in the third degree. A dispositional hearing was held in Bronx County Family Court to determine the applicability of amendments to Family Court Act Section 756, which became effective on September 1, 1978. The court addressed two primary legal questions: first, whether the revised one-year maximum initial placement for misdemeanor acts applied, and second, whether the provisions for direct placement into a secure facility by the Family Court were applicable. The court ruled that both amended provisions applied to the respondent, as the adjudication occurred after the amendment's effective date. Consequently, the respondent was placed with the Division for Youth for one year, with the Division authorized to place her directly into a secure facility if deemed appropriate.

Juvenile DelinquencyFamily Court ActPlacementSecure FacilityMisdemeanorEx Post FactoStatutory InterpretationDivision for YouthBronx County Family CourtDispositional Hearing
References
1
Case No. CV-24-0615
Regular Panel Decision
Feb 11, 2026

In the Matter of the Claim of Nadine Jackson

Claimant Nadine Jackson established a workers' compensation claim in 2011 for bilateral carpal tunnel syndrome, later amended and classified as a permanent partial disability. After her wage loss benefits ended in June 2022, she applied for an extreme hardship redetermination under Workers' Compensation Law § 35 (3), which was denied as untimely by a Workers' Compensation Law Judge. The Workers' Compensation Board affirmed this denial and separately denied her application to reopen or rehear her claim. The Appellate Division affirmed the Board's decision, finding no abuse of discretion in denying the reopening/rehearing request due to lack of specific evidence and upholding the untimeliness of the extreme hardship application, as it was filed outside the statutory one-year period.

Workers' CompensationExtreme HardshipRedeterminationTimelinessPermanent Partial DisabilityLoss of Wage-Earning CapacityReopening ClaimRehearingAppellate ReviewAdministrative Appeal
References
8
Case No. 533139
Regular Panel Decision
Jan 06, 2022

In the Matter of the Claim of Scot A Muse

Claimant Scot A. Muse suffered work-related injuries in 2018, leading to an established workers' compensation claim later amended to include a back injury. A Workers' Compensation Law Judge (WCLJ) determined that the claimant reached maximum medical improvement and apportioned the claim 40% to the 2018 accident and 60% to a 1997 work-related accident. Claimant's subsequent application for review by the Workers' Compensation Board was denied for failure to provide a complete response to question 13 on the RB-89 form, as mandated by 12 NYCRR 300.13 (b) (1). Specifically, claimant neglected to identify certain medical reports and a deposition transcript he relied on in his appeal. The Appellate Division affirmed the Board's decision, concluding that the Board did not abuse its discretion in denying the application due to the claimant's non-compliance with the regulatory requirements.

Workers' CompensationAdministrative ReviewBoard RegulationsApplication for ReviewProcedural ComplianceMaximum Medical ImprovementApportionmentAppellate DivisionForm RB-89Hearing Date
References
9
Case No. 535046
Regular Panel Decision
Feb 16, 2023

In the Matter of the Claim of Gheorghe Petre

Claimant Gheorghe Petre appealed a Workers' Compensation Board decision that denied his application for reconsideration and/or full Board review. In 1999, Petre sustained work-related injuries, and his claim for benefits was established for various conditions. Following an August 2021 hearing, a Workers' Compensation Law Judge (WCLJ) amended the claim to include right lumbosacral neuritis, directed authorization for Gabapentin, and requested missing documentation for medical and travel expenses reimbursement. The Board affirmed this decision and subsequently denied Petre's application for reconsideration. The Appellate Division affirmed the Board's denial, finding no abuse of discretion as Petre failed to present new evidence or a material change in condition, and the Board had considered the issues raised in its initial determination.

Workers' Compensation AppealReconsideration DenialBoard ReviewDiscretionary ReviewNew York Appellate DivisionWCLJ DecisionDrug FormularyMedical Expense ReimbursementSpinal InjuriesPsychiatric Conditions
References
7
Case No. 534485
Regular Panel Decision
Nov 17, 2022

In the Matter of the Claim of William Grimaldi

Claimant William Grimaldi sustained work-related injuries in 2007 and 2008. The Workers' Compensation Board (WCB) initially erred in calculating the payment rate for the 2007 claim, leading to a prior appeal where this Court remitted the matter for re-computation based on the claimant's average weekly wage at the time of the 2007 injury for awards made after December 23, 2013. In a May 2021 decision, the Board correctly applied the rate but limited its application to a specific period and reduced counsel fees. While claimant's subsequent appeal of this May 2021 decision was pending, the Board, on its own motion, reviewed and amended its decision in June 2022. The amended decision directed that all continuing awards for the 2007 claim be paid at the rate based on the 2007 earnings and granted the full requested counsel fees. As the Board's subsequent decision rendered the appeal moot, this Court dismissed the appeal and assessed costs against the Workers' Compensation Board for the expenses incurred by the claimant in perfecting an unnecessary appeal.

Workers' CompensationAppellate ReviewMootnessWage Earning CapacityPayment RateAverage Weekly WageCounsel FeesBoard ReconsiderationCosts on AppealPermanent Partial Disability
References
8
Case No. MISSING
Regular Panel Decision

Matter of Corwin v. City of New York

Ronald Corwin was injured in a Citi Bike accident due to an unpainted concrete wheel stop. He initially filed a notice of claim alleging the City's negligence in installing and maintaining the wheel stop. Later, he sought to amend his claim to include a 'design claim' (negligent infrastructure design) and a 'helmet claim' (negligent failure to provide helmets system-wide). The motion court denied the amendment. On appeal, the majority of the court denied the motion to amend but granted leave to file a late notice for both the design and helmet claims. Judge Andrias dissents in part, agreeing with the denial of the amendment and the granting of the design claim, but arguing that the helmet claim should not be granted due to lack of reasonable excuse for delay and the City's lack of actual prior notice.

Notice of ClaimGeneral Municipal LawLate Notice of ClaimAmendment of ClaimNegligenceDesign ClaimHelmet ClaimPersonal InjuryBicycle AccidentActual Notice
References
23
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