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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

Claim of Feliciano v. New York City Health & Hospitals Co.

Claimant sought workers' compensation benefits for bilateral carpal tunnel syndrome. Initially, a Workers' Compensation Law Judge ruled the left hand claim time-barred by Workers' Compensation Law § 28 and established August 28, 2006, as the disability date for the right hand. On appeal, the Workers' Compensation Board affirmed the right hand's disability date but, on its own motion, set December 2003 as the disability date for the left hand, thereby confirming the left hand claim was untimely. The claimant appealed, arguing against two disability dates for a single claim. The court affirmed the Board's decision, finding substantial evidence supported treating the hand injuries as discrete occupational diseases with separate disablement dates and upheld the time-bar for the left hand claim.

Workers' CompensationOccupational DiseaseCarpal Tunnel SyndromeTime-barred ClaimDate of DisablementBilateral InjuriesAppellate ReviewWorkers' Compensation BoardJudicial ReviewStatute of Limitations
References
6
Case No. POM 0244323, POM 0260214
Regular
Jan 14, 2008

BERTHA KOCIAN vs. CLOUGHERTY PACKING dba FARMER JOHN

The Workers' Compensation Appeals Board granted reconsideration to correct a clerical error in the date of injury for applicant's bilateral hand and right knee cumulative trauma claim, changing it to 1980-March 22, 2001. The Board affirmed the original decision denying apportionment of permanent disability to pre-existing conditions, finding defendant failed to provide substantial medical evidence to support their claim. Applicant sustained industrial injury to her bilateral hands and right knee, resulting in 67 percent permanent disability.

KocianClougherty PackingFarmer JohnPOM 0244323POM 0260214Petition for ReconsiderationFindings and Awardssausage stufferindustrial injuryright knee
References
0
Case No. MISSING
Regular Panel Decision

Matter of Lichten v. New York City Transit Authority

Claimant, a bus driver, filed for workers' compensation benefits due to an occupational disease stemming from repetitive stress injuries to his legs, including his hips, knees, and feet, caused by his employment. The Workers’ Compensation Law Judge established the case for bilateral hips but disallowed the claim for bilateral knees. This disallowance was upheld by the Workers’ Compensation Board. Claimant appealed this decision. Medical testimony presented conflicting opinions regarding the causal relationship of claimant's knee condition to his work activities. The Board's decision to discredit the treating orthopedist's opinion was found to be supported by substantial evidence and was within its authority concerning credibility determinations. The appellate court affirmed the Board's decision.

Workers' CompensationOccupational DiseaseRepetitive Stress InjuryBilateral KneesCausal RelationshipMedical EvidenceCredibility DeterminationAppellate ReviewAffirmed DecisionBus Driver
References
6
Case No. ADJ1557376 (RIV 0052354) ADJ3175359 (RIV 0053956)
Regular
Oct 20, 2008

RENEE WORLEY vs. NORCO DAISY KART FLORIST, EMPLOYERS COMPENSATION INSURANCE COMPANY

This case consolidated two workers' compensation claims for Renée Worley. The Board affirmed the original findings that she sustained no permanent disability and required no further treatment for her right hand, while awarding 14% permanent disability and further medical treatment for her bilateral upper extremities and low back for a separate injury period. The applicant's petition for reconsideration, arguing for a different disability rating schedule and additional treatment for her hand, was denied.

Workers' Compensation Appeals BoardRenee WorleyNorco Daisy Kart FloristEmployers Compensation Insurance CompanyADJ1557376RIV 0052354ADJ3175359RIV 0053956ReconsiderationFindings and Award
References
0
Case No. ADJ575595 (SRO 0118927) ADJ2965361 (SRO 0122685)
Regular
May 21, 2009

JEFFREY DOTY vs. CIRCUIT CITY STORES, INC.

This case involves an applicant seeking reconsideration of a prior workers' compensation award. The applicant argued the $34\%$ permanent disability rating was incorrect, specifically regarding the overlap of his hand injuries and MRSA infection. The Appeals Board granted reconsideration to amend the dates of injury in the original findings. Ultimately, the Board affirmed the original award but amended the findings to reflect the correct dates of injury for the left hand/bilateral upper extremities/MRSA and the right elbow injuries.

Workers' Compensation Appeals BoardCircuit City StoresMRSAPermanent DisabilityReconsiderationFindings of FactJoint Findings Award and OrderSales ClerkIndustrial InjuryLeft Hand
References
0
Case No. 534130
Regular Panel Decision
Nov 17, 2022

In the Matter of the Claim of Trina Yearwood

Claimant Trina Yearwood appealed a Workers' Compensation Board decision disallowing her claim for benefits related to bilateral wrist, hand, and thumb pain, diagnosed as an occupational disease from repetitive stress. A Workers' Compensation Law Judge initially established the claim, but the Board reversed it, citing the claimant's failure to disclose a prior 2014 medical treatment for hand problems to her medical providers and the Board. The Appellate Division affirmed the Board's decision, finding that the claimant's omission of relevant medical history prevented medical experts from forming credible opinions on the causal connection between her conditions and employment. The court concluded that the Board's determination was supported by substantial evidence.

Occupational DiseaseCarpal Tunnel SyndromeRepetitive Stress InjuryWorkers' Compensation BenefitsMedical EvidenceCausal ConnectionTreatment History OmissionIndependent Medical ExaminationCredibility of ClaimantAppellate Review
References
12
Case No. 2020 NY Slip Op 01879 [181 AD3d 1132]
Regular Panel Decision
Mar 16, 2020

Matter of Abdiyev v. Eagle Container Corp.

Claimant, David Abdiyev, appealed a decision by the Workers' Compensation Board. The Board had denied his application for administrative review of a Workers' Compensation Law Judge's (WCLJ) decision disallowing his claim for work-related injuries, specifically to bilateral shoulders, left elbow, left hand, bilateral knees, left hip, neck, head, and back. The denial was based on Abdiyev's failure to interpose an objection to the WCLJ's decision on the record, as required by 12 NYCRR 300.13 (b) (4) (v). The Appellate Division, Third Department, affirmed the Board's decision, ruling that the regulation was consistent with Workers' Compensation Law § 23 and that the Board did not abuse its discretion in declining review.

Workers' Compensation LawAdministrative ReviewWCLJ DecisionObjection RequirementAppellate ProcedureBoard RegulationsCredibility FindingMedical EvidenceClaim DisallowanceJudiciary Law
References
5
Case No. 2022 NY Slip Op 06524
Regular Panel Decision
Nov 17, 2022

Matter of Yearwood v. Long Is. Univ.

Claimant Trina Yearwood sought workers' compensation benefits for bilateral wrist, hand, and thumb pain, diagnosed as an occupational disease from repetitive stress. A Workers' Compensation Law Judge (WCLJ) initially established the claim. However, the Workers' Compensation Board reversed this decision and disallowed the claim because Yearwood failed to disclose a prior 2014 treatment history for hand problems to her treating physician, the IME physician, or the Board. The Appellate Division, Third Department, affirmed the Board's decision, finding that the Board rationally concluded the medical providers lacked sufficient understanding of claimant's complete medical history to proffer a credible opinion on causation, and thus her medical proof was insufficient.

Workers' Compensation BenefitsOccupational DiseaseRepetitive Stress InjuryCarpal Tunnel SyndromeMedical Evidence CredibilityTreatment History NondisclosureCausal ConnectionIndependent Medical ExaminationAppellate ReviewBoard Discretion
References
11
Case No. 2023 NY Slip Op 00140 [212 AD3d 974]
Regular Panel Decision
Jan 12, 2023

Matter of Molnar v. JRL S. Hampton, LLC

Claimant John Molnar appealed a Workers' Compensation Board decision which disallowed his claim for occupational bilateral wrists and hands injury. The Board affirmed a Workers' Compensation Law Judge's decision, finding the claim was precluded by collateral estoppel. Molnar had a prior established claim for occupational bilateral carpal tunnel syndrome and a second claim for repetitive-use wrist injury that was disallowed by the Board in August 2020 for lack of causal relationship to employment. The Board determined that the issue of causal link between employment and repetitive-use wrist injury in the instant claim was identical to the issue previously litigated and decided against Molnar, thus applying the doctrine of collateral estoppel to preclude relitigation.

Collateral EstoppelRes JudicataOccupational DiseaseCarpal Tunnel SyndromeRepetitive-Use InjuryWorkers' Compensation BenefitsAppellate ReviewCausal RelationshipBoard DecisionClaim Disallowed
References
7
Case No. 534670
Regular Panel Decision
Jan 12, 2023

In the Matter of the Claim of John Molnar

Claimant John Molnar appealed a decision by the Workers' Compensation Board which disallowed his claim for workers' compensation benefits, alleging an occupational disease of the bilateral wrists and hands. The Board affirmed a Workers' Compensation Law Judge's finding that the instant claim was an attempt to relitigate a previously disallowed claim from August 2020. This prior claim also involved a repetitive-use injury to his bilateral wrists, where the Board found a lack of evidence for a causal link to his employment. The Appellate Division, Third Judicial Department, affirmed the Board's decision, ruling that the doctrine of collateral estoppel precluded relitigation of the identical issue concerning the causal relationship between Molnar's employment and his alleged repetitive-use injury.

Occupational DiseaseBilateral Wrist InjuriesCarpal Tunnel SyndromeRepetitive Use InjuryCollateral EstoppelRes JudicataClaim DisallowanceWorkers' Compensation AppealCausal RelationshipPrior Litigation
References
6
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