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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

Claim of House v. International Talc Co.

Arthur House suffered a compensable occupational disease in 1973, resulting in permanent total disability and received workers' compensation benefits based on his 1973 average weekly wage. He died in 1995 from lung disease. His widow, the claimant, filed for death benefits, contending the benefits should be calculated based on the average weekly wage of a comparable employee for the year preceding his death (March 17, 1994, to March 17, 1995). The Workers’ Compensation Law Judge and the Board, however, determined that death benefits should be calculated based on House's average weekly wage from the date of his original injury, April 5, 1973. This Appellate Division affirmed the Board's decision, interpreting Workers’ Compensation Law §§ 2, 14, and 38 to establish that the date of the original injury or accident is the basis for computing both disability and death benefits, not the date of death.

Death BenefitsAverage Weekly Wage CalculationOccupational DiseasePermanent Total DisabilityStatutory InterpretationDate of DisablementAppellate DivisionTalcosisClaimant's Widow
References
6
Case No. MISSING
Regular Panel Decision

Houser v. Bi-Lo, Inc.

This workers' compensation case involves the appeal by the widow of Phil Houser against Bi-Lo, Inc., after the denial of benefits for Houser's stroke. Houser, a grocery store manager, suffered a stroke after becoming upset over an unexpectedly large stock order. He later suffered a fatal second stroke. The trial court denied benefits, reasoning that managing large stock shipments was not an unusual circumstance for a grocery store manager. The Supreme Court affirmed this decision, holding that the stroke was not caused by mental or emotional stress of an unusual or abnormal nature, a requirement for compensability. The Court emphasized that ordinary occupational stresses do not justify workers' compensation benefits, thus upholding the denial.

Workers' CompensationStrokeMental StressEmotional StimulusArising Out of EmploymentCourse of EmploymentUnusual or Abnormal NatureOccupational StressCausal ConnectionGrocery Store Manager
References
13
Case No. 2015-01-0199
Regular Panel Decision
Feb 10, 2016

Tolbert, Christoper v. MPW Industrial Services at Volkswagen

This Expedited Hearing Order addresses Christopher Wade Tolbert's request for additional temporary disability benefits following a work-related injury to his head, neck, and back on June 29, 2015, while employed by MPW Industrial Services at Volkswagen. The central issues were Mr. Tolbert's entitlement to benefits and the correct weekly compensation rate. The Court found Mr. Tolbert was entitled to temporary total disability benefits from June 30, 2015, to July 9, 2015, and temporary partial disability benefits from July 10, 2015, to August 3, 2015, due to the employer's failure to provide accommodated work. Furthermore, he was awarded an additional $7.93 per week from August 4, 2015, to October 14, 2015, to correct an underpayment, and temporary partial disability benefits from November 11, 2015, onwards, based on ongoing medical restrictions from Dr. Stephen Dreskin. The Court established his correct weekly compensation rate as $261.28.

Workers' CompensationTemporary Disability BenefitsExpedited HearingWage StatementCompensation RateMedical TreatmentModified DutyEmployer AccommodationPain ManagementNeck Injury
References
7
Case No. ADJ9409541
Regular
Aug 23, 2019

LUIS MEDINA BERNAL (Deceased), PATRICIA SOLANO VASQUEZ, MISAEL MEDINA SOLANO, LUCIA MEDINA SOLANO, XIMENA MEDINA SOLANO, I SAI MEDINA SOLANO, LUIS EMANUEL MEDINA SOLANO vs. REBECCA BAUTISTA dba REMAC TIRE SERVICES, UNINSURED EMPLOYERS BENEFITS TRUST FUND

This case involves a fatal industrial injury to Luis Medina Bernal, a tire changer. The Workers' Compensation Appeals Board (WCAB) granted reconsideration to clarify death benefit payment terms. While the WCJ correctly found petitioning applicants failed to prove partial dependency, the WCAB amended the decision. The death benefit for the widow, Patricia Solano Vasquez, is to be paid bi-weekly at $297.29 until the $250,000 total is exhausted. The attorney's fee was recalculated to $34,042.54, representing 15% of the death benefit's present value.

Workers' Compensation Appeals BoardPetition for ReconsiderationDecision After ReconsiderationFatal Industrial InjuryPartial DependencyCredibility DeterminationsNet Financial BenefitDeath BenefitPresent ValueAttorney's Fee
References
4
Case No. MISSING
Regular Panel Decision
Sep 09, 1998

In re the Claim of Peabody

The claimant appealed a decision by the Unemployment Insurance Appeal Board, filed on September 9, 1998, which ruled that the claimant was not entitled to receive unemployment insurance benefits. This denial was based on Labor Law § 591 (5), a 1996 amendment that limits unemployment benefits when a claimant also receives workers' compensation benefits exceeding their average weekly wage. The claimant contended that the statutory limitation should consider the pre-injury weekly wage used for workers' compensation. However, the Board, and subsequently the court, found no textual basis to interpret 'average weekly wage' in Labor Law § 591 (5) differently from its definition in Labor Law former § 590 (2). Consequently, the Board's conclusion was affirmed.

Unemployment benefitsWorkers' compensation offsetStatutory interpretationAverage weekly wage calculationBenefit eligibilityLabor Law § 591(5)Appeal Board decisionJudicial reviewAffirmed decision
References
2
Case No. MISSING
Regular Panel Decision

Claim of Sciame v. Airborne Express, Inc.

This case addresses the application of Workers’ Compensation Law § 15 (6) (a) concerning the maximum weekly benefits a claimant can receive for concurrent schedule and nonschedule awards. The court reaffirms its established precedent that these concurrent payments cannot exceed the statutory cap of $400 per week for 2004 injuries, irrespective of whether the nonschedule award stems from a permanent disability. This principle was also extended to include periodic payments for a schedule loss of use award and nonschedule award payments for temporary disability. The court concluded that the 2009 amendments to Workers’ Compensation Law §§ 15 and 25 did not indicate legislative intent to overturn this longstanding cap. Consequently, the Board's decision, which held that the claimant's receipt of maximum weekly benefits from a nonschedule award precluded additional benefits from a schedule loss of use award, was affirmed.

Workers' Compensation BenefitsBenefit MaximumsConcurrent AwardsSchedule Loss of Use AwardNonschedule AwardStatutory CapJudicial Precedent AffirmationWorkers' Compensation Law Interpretation2009 Amendments AnalysisPermanent Disability Benefits
References
11
Case No. MISSING
Regular Panel Decision

In re the Claim of Friedman

This case examines whether claimants are eligible for unemployment benefits for a week in July during which they received vacation pay from their employer. The court references a previous decision, *Matter of Miranda* (Catherwood), which allowed such benefits under certain conditions. However, the court highlights that subdivision 3 of section 591 of the Labor Law was amended in 1963 specifically to correct inequities and prevent employees from receiving both vacation pay and unemployment benefits for the same period. Despite the board's finding that the union agreement did not designate a vacation period, the court interpreted the agreement's clauses as designating the first week in July for vacation. The court concluded that upholding the board's original decision would undermine the legislative intent of the 1963 amendment. Consequently, the court reversed the board's decision and remitted the matter for further proceedings.

Unemployment Insurance BenefitsVacation PayLabor LawStatutory InterpretationLegislative IntentCollective Bargaining AgreementBoard Decision ReversalRemandWorkers' RightsEmployer Obligations
References
3
Case No. MISSING
Regular Panel Decision

Claim of Hope v. Warren County Board of Elections

This case involves an appeal by a workers' compensation carrier regarding the calculation of a claimant's average weekly wage based on concurrent employment. The claimant, injured on November 3, 2009, had employment as a polling inspector and concurrently with a retail store. A Workers’ Compensation Law Judge (WCLJ) and subsequently the Workers’ Compensation Board calculated the claimant's average weekly wage based on both employments, totaling $80.69, and directed the carrier to continue awards. The carrier appealed, arguing that awards should only be based on the primary employment wage of $3.56 due to the inability to seek reimbursement from the Special Disability Fund for concurrent employment amounts following 2007 amendments to Workers’ Compensation Law § 14 (6). The Appellate Court affirmed the Board's decision, interpreting the statutory language to mean that primary employers are liable for benefits calculated on combined average weekly wages, and the 2007 amendments did not intend to reduce benefits for injured workers.

Concurrent Employment BenefitsAverage Weekly Wage CalculationSpecial Disability Fund ClosureWorkers' Compensation Law § 14(6)Statutory Amendment ImpactEmployer Liability LimitsTemporary Total DisabilityTemporary Partial DisabilityAppellate Review of WCABLegislative Purpose Analysis
References
5
Case No. MISSING
Regular Panel Decision
Jun 16, 2006

Fortis Benefits v. Cantu

Vanessa Cantu suffered severe injuries in a car accident and sued multiple parties. Her medical insurer, Fortis Benefits, intervened, seeking subrogation for medical benefits paid under the policy. After Cantu settled with the defendants, Fortis pursued recovery from Cantu. Cantu argued that the equitable "made whole" doctrine barred Fortis's claim because her total losses exceeded the settlement amount plus the benefits Fortis paid. The trial court and court of appeals sided with Cantu. The Texas Supreme Court reversed, holding that the "made whole" doctrine does not override an insurer's clear contractual subrogation rights. The Court affirmed the dismissal of Fortis's claims against Ford due to a pretrial agreement.

Insurance SubrogationMade Whole DoctrineContractual SubrogationEquitable SubrogationERISATexas LawInsurance Policy InterpretationPersonal InjuryAutomobile AccidentSettlement Proceeds
References
28
Case No. 2025 NY Slip Op 02959
Regular Panel Decision
May 14, 2025

Weekes v. Tishman Tech. Corp.

Samuel Weekes, an employee, was injured while dismantling a scaffold at a construction site managed by Tishman Technologies Corporation. He sued, alleging violations of Labor Law § 240(1) and § 241(6). The Supreme Court initially denied Weekes's summary judgment motion and granted the defendants' cross-motion to dismiss, also denying Weekes's motion for leave to renew. The Appellate Division modified the Supreme Court's order, ruling that Tishman could be considered a statutory agent of the owner due to its control over safety. The court also found that Weekes's activity was covered under Labor Law § 240(1) and that triable issues of fact existed regarding the elevation-related hazard and proximate cause, thereby denying the defendants' cross-motion for summary judgment. The denial of Weekes's motion for leave to renew was affirmed, and part of the appeal from the November 4, 2020 order was dismissed as academic.

Construction AccidentLabor Law Section 240(1)Labor Law Section 241(6)Industrial Code ViolationScaffold SafetyElevation HazardSummary JudgmentStatutory AgentConstruction Manager LiabilityTriable Issues of Fact
References
36
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