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Case Law Database

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

Case No. MISSING
Regular Panel Decision
Feb 17, 1977

Orbinati v. Utica Mutual Insurance

A claimant, employed as a physical education teacher and track/football coach by the Utica City School District, sustained an injury in August 1970. His average weekly wage was calculated to include his coaching stipend. Following his injury, he returned to his teaching role with restrictions that prevented him from coaching. Despite subsequent salary increments resulting in a higher overall salary than his pre-injury average weekly wage, the claimant contended he was experiencing reduced earnings due to the loss of his coaching allowance. The Workers’ Compensation Board and the referee affirmed there were no reduced earnings, concluding that his teaching and coaching constituted a single, integrated employment. This decision was subsequently affirmed without costs.

Workers' CompensationReduced EarningsAverage Weekly Wage CalculationDual EmploymentSingle EmploymentCoaching StipendUtica City School DistrictWorkers' Compensation LawAppellate DecisionInjury in Course of Employment
References
1
Case No. MISSING
Regular Panel Decision

Claim of Barnard v. John Mezzalingua Associates, Inc.

The claimant sustained work-related injuries to both hands in 2004 and applied for workers’ compensation benefits. Initially, a Workers’ Compensation Law Judge set the average weekly wage at $447.10 using a 260-multiple. The employer appealed, arguing for a lower wage based on actual earnings. The Workers’ Compensation Board subsequently determined a miscalculation occurred and established the average weekly wage at $343.92, applying a 200-multiple under Workers’ Compensation Law § 14 (3) because the claimant did not work substantially the whole year. The Appellate Division affirmed the Board's decision, finding the 200-multiple accurately reflected the claimant's earning capacity, as she was a full-time employee who did not voluntarily limit her availability.

Workers' CompensationAverage Weekly WageWage CalculationSection 14MultiplierEarning CapacityAppellate ReviewBoard DecisionOccupational DiseaseNew York
References
5
Case No. MISSING
Regular Panel Decision

Claim of Calise v. Hillside Carting, Inc.

Claimant, classified with a permanent partial disability after a 1994 injury, received reduced earnings benefits. In 2002, the State Insurance Fund (SIF) sought to terminate these benefits, arguing claimant's post-injury corporate profits should be included in his wage earning capacity. A Workers’ Compensation Law Judge initially reduced the award, but the Workers’ Compensation Board modified this, determining claimant's average weekly wage based on W-2s and tax returns, separating profits from earnings. On appeal, the court affirmed the Board's decision, emphasizing that business profits are not considered earnings for Workers' Compensation Law § 15 (5-a) purposes and upholding the Board's factual determination as supported by substantial evidence.

Workers' CompensationAverage Weekly WageReduced Earnings BenefitsPermanent Partial DisabilityCorporate ProfitsWage Earning CapacityTax ReturnsWorkers’ Compensation Law § 15(5-a)Appellate ReviewSubstantial Evidence
References
4
Case No. MISSING
Regular Panel Decision
Mar 29, 1999

Claim of Fisher v. Combined Life Insurance

In November 1995, the claimant suffered work-related injuries to his neck, back, and knee. He received workers' compensation benefits for total disability until January 5, 1996. Subsequently, the employer challenged his entitlement to partial disability benefits, asserting that the claimant had no reduced earnings after that date. The Workers' Compensation Board ultimately concluded that the claimant's wage earning capacity in 1996 surpassed his average weekly wage, thereby denying benefits post-January 5, 1996. The appellate court affirmed the Board's decision, finding sufficient evidence to support the factual determination that the claimant's 1996 income from self-employment constituted earnings rather than profits under Workers’ Compensation Law § 15 (5-a).

Workers' CompensationPartial DisabilityReduced EarningsWage Earning CapacitySelf-Employment IncomeProfits vs. EarningsBoard FindingsFactual IssuesCredibilityAppellate Review
References
3
Case No. MISSING
Regular Panel Decision

Fletcher v. Wegmans

Claimant sustained a work-related knee injury in November 2002. The Workers' Compensation Board calculated her average weekly wage at $398.49 by applying Workers' Compensation Law § 14 (3) and (4), as the claimant did not work a standard five or six-day week. The employer appealed, arguing improper statutory application. The appellate court affirmed the Board's decision, finding that the Board correctly utilized Workers' Compensation Law § 14 (3) to determine annual average earnings and subsequently Workers' Compensation Law § 14 (4) to establish the average weekly wage.

Work-related injuryAverage weekly wage calculationWorkers' Compensation Law § 14Statutory interpretationKnee injuryBoard decision affirmedWage calculation methodsAppellate reviewEmployer appealWorkers' Compensation benefits
References
3
Case No. MISSING
Regular Panel Decision
Feb 19, 1997

Till v. Chautauqua Opportunities, Inc.

The claimant, a private preschool teacher, suffered a compensable injury. The Workers’ Compensation Board calculated her average weekly wage based on Workers’ Compensation Law § 14 (1), asserting she worked “substantially the whole of the year” despite her 41-week annual employment. The employer contended this was irrational, arguing that predictable seasonal layoffs should be factored into the annual earnings calculation, preventing her from receiving benefits equivalent to a full-time, full-year employee. The court agreed, holding that the formula in Workers’ Compensation Law § 14 (1) was inapplicable when seasonal layoffs are a known incident of employment. Therefore, the average weekly wage should be calculated under subdivisions (3) and (4) of Workers’ Compensation Law § 14. The Board's decision was reversed, and the matter remitted for further proceedings consistent with the court's ruling.

Workers' CompensationAverage Weekly WageSeasonal EmploymentRemittiturStatutory InterpretationSection 14Appellate DivisionWage CalculationEmployment DurationBoard Decision Reversal
References
6
Case No. ADJ9622991
Regular
Dec 18, 2020

TYLER ROACH vs. ROYALTY AMBULANCE, INSURANCE COMPANY OF THE WEST

The applicant sought reconsideration of an administrative law judge's (WCJ) award concerning his average weekly earnings. The WCJ found applicant's earnings were $342.47 per week for temporary disability, which the Board affirmed. However, the Board granted reconsideration to re-evaluate average weekly earnings for permanent disability, acknowledging that this calculation can differ from temporary disability. The Board deferred the issue of permanent disability earnings, reserving jurisdiction for further proceedings.

Average weekly earningsEarning capacityTemporary disability indemnityPermanent disability indemnityPetition for reconsiderationFindings and awardAdministrative law judgeEmergency medical technicianActual earningsScheduled wage increase
References
7
Case No. ADJ4146718 (EUR 0039598)
Regular
Jun 16, 2009

MICHELLE ANDERSON vs. REDWOOD MEMORIAL HOSPITAL; SEDGWICK 14442 ORANGE

The Workers' Compensation Appeals Board granted reconsideration, rescinded the prior award, and returned the case to the trial level for further proceedings. The defendant challenged the calculation of the applicant's average weekly earnings, arguing the judge improperly included paid time off and potentially earnings from a prior period. The Board found the record unclear regarding the precise correlation between earnings and work dates, necessitating additional evidence. A new decision will be issued by the WCJ after further proceedings on the applicant's average weekly earnings.

average weekly earningsLabor Code section 4453(c)paid time offPPEretro paysurgical nurseindustrial injuryRedwood Memorial HospitalSedgwickPetition for Reconsideration
References
1
Case No. ADJ10092023
Regular
Apr 18, 2018

MARIA CERNA vs. ECKERT COLD STORAGE COMPANY, TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA

The Appeals Board granted reconsideration, rescinded the WCJ's decision, and returned the case to the trial level. The WCJ erred by including unemployment benefits in the applicant's average weekly earnings for permanent disability, as these are not considered earnings. Furthermore, the record was insufficient to determine the applicant's post-injury earning capacity, necessitating further development of evidence regarding her ability to perform offered full-time positions. The case will proceed for a new determination of the applicant's average weekly earnings and permanent disability rate.

Workers Compensation Appeals BoardApplicantDefendantFindings of FactOpinion on DecisionPetition for ReconsiderationAverage Weekly EarningsPermanent Disability IndemnityUnemployment BenefitsSeasonal Employment
References
13
Case No. ADJ7895581
Regular
Feb 01, 2013

RAVEENA WATERS vs. HOMETOWN BUFFET, ACE AMERICAN INSURANCE COMPANY

The applicant sought reconsideration of a finding regarding her average weekly earnings (AWE) in a workers' compensation case. The WCJ initially calculated AWE based on one year of actual earnings, which applicant argued was inequitable due to a significant increase in her income from concurrent employment in the final months before her injury. The Board granted reconsideration, rescinded the previous order, and returned the case for a new decision. This was because averaging the entire year's earnings did not accurately reflect her earning capacity due to a recent, substantial increase in hours and income from her other job.

Workers' Compensation Appeals BoardRaveena WatersHometown BuffetAce American Insurance CompanyAverage Weekly Earnings (AWE)Cumulative InjuryRight WristElbowLeft WristConcurrent Employment
References
4
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