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

Case No. 2019 NY Slip Op 01046 [169 AD3d 747]
Regular Panel Decision
Feb 13, 2019

Barrios v. 19-19 24th Ave. Co., LLC

The plaintiff, Sergio Barrios, sustained personal injuries when a differential block and chain fell on his head while preparing a hoisting apparatus at the defendants' premises. He sued 19-19 24th Avenue Company, LLC, et al., alleging violations of Labor Law §§ 240 (1) and 241 (6). The Supreme Court, Kings County, denied both parties' motions for summary judgment. On appeal, the Appellate Division, Second Department, modified the order. It granted the plaintiff summary judgment on the Labor Law § 240 (1) claim, finding the repair work fell under its purview. It also granted the defendants summary judgment dismissing the Labor Law § 241 (6) claim, ruling that the plaintiff's work did not constitute construction, demolition, or excavation.

Personal InjuryLabor LawScaffolding LawGravity HazardSummary JudgmentAppellate ReviewRepair WorkHoisting ApparatusWorkplace SafetyStatutory Interpretation
References
8
Case No. 2017 NY Slip Op 04412
Regular Panel Decision
Jun 07, 2017

Aprile-Sci v. St. Raymond of Penyafort R.C. Church

Kathleen Aprile-Sci, a volunteer Eucharistic Minister, allegedly tripped and fell at St. Raymond of Penyafort R.C. Church. The Workers' Compensation Board (WCB) determined her injury was work-related and she was entitled to benefits, a decision she did not object to. Subsequently, Aprile-Sci and her husband commenced a personal injury action against the church. The church moved for summary judgment based on the exclusivity provisions of the Workers' Compensation Law. The Supreme Court denied the motion, but the Appellate Division reversed, holding that the WCB's final and conclusive determination barred a collateral attack in a plenary action.

Workers' Compensation LawExclusivity DoctrineSummary JudgmentAppellate ReviewVolunteer StatusPersonal Injury ClaimWCB DeterminationCollateral AttackTriable Issues of FactDiocese Insurance
References
13
Case No. ADJ748314 (GRO 0033412) ADJ2119704 (GRO 0033413)
Regular
May 18, 2009

GEORGE DIGEROLAMO vs. RALPH'S GROCERY STORE; Permissibly Self-Insured, Adjusted By SEDGWICK CLAIMS MANAGEMENT SERVICES

This case concerns George Digerolamo's entitlement to temporary total disability (TTD) indemnity for left knee injuries sustained before April 19, 2004. The defendant sought reconsideration, arguing that Labor Code sections 4656(c)(1) and 4656(b) limited the TTD payments. The Workers' Compensation Appeals Board denied reconsideration, affirming that because Digerolamo's injuries predated April 19, 2004, the limitations on TTD duration did not apply. The Board also confirmed jurisdiction to award TTD commencing more than five years after the date of injury when the issue remained unresolved.

WCABPetition for ReconsiderationJoint Findings and AwardTotal Temporary DisabilityTDILabor Code section 4656Cumulative TraumaSpecific InjuryRetail ClerkLeft Knee Injury
References
4
Case No. 536047
Regular Panel Decision
Nov 16, 2023

Matter of Aungst v. Family Dollar

Claimant Frank Aungst, a store manager, sought workers' compensation benefits after contracting COVID-19 and suffering a consequential stroke in April-May 2020. The Workers' Compensation Board found his claim valid, concluding he sustained an accidental injury due to elevated exposure at work and that the stroke was causally related. The employer and carrier appealed, disputing the work-relatedness of the COVID-19 infection and the causal link to the stroke. The Appellate Division, Third Department, affirmed the Board's decision, determining that substantial evidence supported both the finding of a work-related COVID-19 contraction and a causally-related consequential stroke. The court specifically credited the testimony of the claimant's vascular neurologist regarding the stroke's causation by COVID-19.

COVID-19StrokeOccupational DiseaseAccidental InjuryCausationElevated RiskPublic-Facing EmploymentWorkers' Compensation BoardAppellate DivisionMedical Evidence
References
16
Case No. ADJ8987075
Regular
Nov 21, 2014

MAGALI PENA vs. DEL MAR SEAFOODS, STATE NATIONAL INSURANCE COMPANY

The Workers' Compensation Appeals Board granted the defendant's petition for reconsideration regarding the applicant's temporary disability period. The Board amended the prior finding, establishing the temporary disability for the applicant's knee injury from June 19, 2013, through April 17, 2014. This amendment adjusted the end date of temporary disability from April 27, 2014, to April 17, 2014. The Board otherwise affirmed the original Amended Findings and Award.

Petition for ReconsiderationFindings and AwardTemporary DisabilityIndustrial InjuryWorkers' Compensation Appeals BoardWCJAmended Findings and AwardPermanent and StationaryMedical OpinionReport and Recommendation
References
0
Case No. ADJ6802715; ADJ6715328
Regular
Sep 15, 2015

STEFANIE WEBB vs. THE VINTAGE CLUB, FEDERAL INSURANCE c/o CHUBB SERVICES CORP., INSURANCE COMPANY OF THE WEST, c/o FIREMAN'S FUND INSURANCE

The Workers' Compensation Appeals Board (WCAB) denied reconsideration of a finding that applicant Stefanie Webb sustained a cumulative injury to her wrists and arms from April 19, 2004, through April 14, 2009. The insurer contended the injury period ended in 2005, citing medical opinions. However, the WCAB found that April 14, 2009, was the correct date of injury as it was the first day applicant knew her condition was work-related and suffered disability. A dissenting opinion argued that medical evidence supported an earlier cessation of injurious exposure in 2005.

Workers' Compensation Appeals BoardStefanie WebbThe Vintage ClubFederal InsuranceChubb Services Corp.Insurance Company of the WestFireman's Fund Insurancecumulative injuryspecific injurypermanent disability
References
8
Case No. MISSING
Regular Panel Decision
Apr 22, 1977

Claim of Bonanno v. Cosmopolitan Mutual Insurance

This case involves an appeal from a Workers' Compensation Board decision, filed on April 22, 1977. The Board had previously awarded compensation to the claimant for a partial disability resulting from accidental injuries that occurred on August 19, 1969, specifically covering the period from January 19, 1970, to December 31, 1972. The Board's determination was based on substantial medical testimony, which supported a finding of a continuing causally related partial disability subsequent to January 19, 1970, and affirmed the Referee's award for reduced earnings. The appellate court found substantial evidence to sustain the Board's determination, and consequently, the decision was affirmed, with costs awarded to the Workers’ Compensation Board against the employer and its insurance carrier.

Partial DisabilityAccidental InjuriesReduced EarningWorkers' Compensation AwardBoard Decision AppealMedical TestimonySubstantial EvidenceAffirmed DecisionEmployer LiabilityInsurance Carrier Liability
References
0
Case No. 92
Regular Panel Decision
Nov 24, 2025

In the Matter of the Claim of Frank Aungst

Claimant Frank Aungst, a store manager for Family Dollar, contracted COVID-19 in April 2020 and subsequently suffered a stroke. He filed a workers' compensation claim, alleging work-related exposure due to his frequent public contact in an essential retail role with inadequate protective measures. The Workers' Compensation Board established the claim, applying a "prevalence" framework for COVID-19 exposure, which assesses significantly elevated hazards in the workplace. The employer argued this framework was inconsistent with the Workers’ Compensation Law. The Court of Appeals affirmed the Board's decision, finding the "prevalence" framework compatible with current interpretations of the law, and that the Board's findings of work-related COVID-19 and consequential stroke were supported by substantial evidence.

COVID-19Workers' CompensationAccidental InjuryCausal RelationshipWorkplace ExposurePrevalence FrameworkStrokeEssential WorkerRetailNew York Court of Appeals
References
15
Case No. CV-23-0790
Regular Panel Decision
Nov 14, 2024

In the Matter of the Claim of Edith Flores

Edith Flores filed a workers' compensation death benefits claim for her deceased spouse, Dimas Hernandez, a cemetery worker who died in April 2020 from cardiopulmonary arrest due to COVID-19. The employer, Wellwood Cemetery Assoc. Inc., and its carrier controverted the claim, arguing the death was not employment-related. A Workers' Compensation Law Judge established the claim, which the Workers' Compensation Board affirmed. The carrier appealed to the Supreme Court, Appellate Division, Third Judicial Department. The Appellate Division affirmed the Board's decision, finding substantial evidence supported that the decedent contracted COVID-19 in the course of his employment, citing claimant's testimony about his work exposure to COVID-19 victims, lack of PPE, a coworker's illness, and his belief he got sick at work, corroborated by medical documentation.

COVID-19Workers' Compensation Death BenefitsCausally-Related DeathEmployment ExposureSubstantial EvidenceAppellate ReviewContraction of IllnessCemetery WorkerCardiopulmonary Arrest
References
10
Case No. MISSING
Regular Panel Decision
Nov 12, 1982

Naples v. Daubert Chemical Co.

This case involves multiple motions for a change of venue. An order entered June 23, 1981, denying defendant’s motion for a change of venue to Richmond County, was affirmed. An appeal from an order entered April 28, 1982, which denied a motion to change venue to Orange County, was dismissed as superseded. Finally, an order entered November 12, 1982, denying defendant’s motion for renewal of the April 28, 1982 order, was reversed. Upon renewal, the motion to change venue to Orange County was granted, as there was no nexus between New York County and the cause of action, and the accident occurred in Orange County where the plaintiff resided.

Change of VenueDiscretionary RulingSitus of ActionPlaintiff's ResidenceAttorney ConvenienceAppellate ReviewMotion for RenewalSupreme CourtNew York CountyOrange County
References
2
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