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

Case No. 2021 NY Slip Op 04401

Regular Panel Decision

Jul 15, 2021

Matter of Boehm v. Town of Greece

Michael J. Boehm, a police officer, suffered injuries in 2012, leading to an established workers' compensation claim. A Workers' Compensation Law Judge (WCLJ) later found Boehm attached to the labor market and deemed a job offer from his employer, Town of Greece, not in good faith. The Town of Greece and its third-party administrator appealed this decision to the Workers' Compensation Board. However, the Board denied their application for review due to non-compliance with 12 NYCRR 300.13(b), specifically failing to provide a complete response to question 13 regarding relevant hearing dates and transcripts on the form RB-89. The Appellate Division affirmed the Board's denial, asserting that the Board has discretion to reject incomplete applications, especially when the appealing party is represented by counsel. The court also rejected arguments that the employer's letter brief or other responses cured the defect, and dismissed claims of conflict between regulatory provisions and Workers' Compensation Law.

Workers' Compensation BoardAppellate DivisionAdministrative ReviewProcedural ComplianceApplication for Review (RB-89)Form Completion RequirementsDiscretionary DenialSelf-Insured EmployerThird-Party AdministratorLabor Market Attachment

References

Case No. ADJ5787939 ADJ6937055

Regular

Oct 01, 2010

DAVID LENNON vs. AMERICAN CIVIL CONTRACTORS, ARCH INSURANCE, UNGER CONSTRUCTION, STATE COMPENSATION INSURANCE FUND

In ADJ6937055, the Appeals Board granted reconsideration to amend the date of injury for a cumulative trauma claim to September 24, 2009. They affirmed the finding that the applicant sustained industrial injuries and the award for medical treatment and lien reimbursement to Boehm & Associates. The Board also dismissed co-defendant Arch Insurance's petition for reconsideration in ADJ5787939 because Arch Insurance was not a party to that case.

Workers Compensation Appeals BoardJoint Findings and AwardPetition for ReconsiderationCumulative InjuryDate of InjuryLabor Code Section 5412Temporary Disability IndemnityMedical TreatmentOfficial Medical Fee ScheduleLien

References

Case No. ADJ1218402 (SAC 0354469)

Regular

Jun 04, 2009

JOHN MUNYER vs. RALEY'S, Permissibly Self-Insured, Adjusted By YORK CLAIMS SERVICE, INC.

The Workers' Compensation Appeals Board granted reconsideration and ordered the defendant to pay lien claimant Boehm & Associates $5,000. This decision stems from a stipulation and order resolving the lien claimant's petition for reconsideration regarding reimbursement for medical treatment. The parties agreed to this settlement amount, which fully satisfies the lien claim, including any claims for interest and penalties. The Board noted a typographical error in the stipulation regarding the beneficiary of the lien, assuming it referred to the UFCW Northern California Benefit Plan.

Workers' Compensation Appeals BoardLien ClaimantPetition for ReconsiderationFindings and AwardCumulative Industrial InjuryMeat CutterOfficial Medical Fee ScheduleLabor Code Section 4903(a)(2)Contract RateStipulation and Order

References

Case No. MISSING

Regular Panel Decision

Bennion v. Goodyear Tire & Rubber Co.

The dissenting judges, Doerr and Boehm, concur with the majority's decision to dismiss the Labor Law § 241 (6) cause of action. However, they respectfully dissent from the majority's determination that the plaintiff is entitled to recover under Labor Law § 240 (1). The dissent argues that the plaintiff's injury, which occurred when he fell on an elevated work surface while installing a collar on flexible duct work, does not fall within the "special hazards" contemplated by Labor Law § 240 (1). They assert that these hazards are limited to specific gravity-related accidents like falling from a height or being struck by improperly secured objects, not merely any peril tangentially connected to gravity. Citing various precedents, the dissenting judges contend that the plaintiff's injury, a fall from a standing to a sitting position on the same work surface, does not meet the statutory criteria. Therefore, they would modify the order by denying the plaintiff's motion for partial summary judgment on the Labor Law § 240 (1) cause of action.

Labour LawConstruction SafetyGravity-Related AccidentsElevated Work SurfaceSummary JudgmentAppellate ReviewPersonal InjuryWorkers' RightsStatutory InterpretationWorkplace Safety

References

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Matter of Boehm v. Town of Greece

DAVID LENNON vs. AMERICAN CIVIL CONTRACTORS, ARCH INSURANCE, UNGER CONSTRUCTION, STATE COMPENSATION INSURANCE FUND

JOHN MUNYER vs. RALEY'S, Permissibly Self-Insured, Adjusted By YORK CLAIMS SERVICE, INC.

Bennion v. Goodyear Tire & Rubber Co.

Labour LawConstruction SafetyGravity-Related AccidentsElevated Work SurfaceSummary JudgmentAppellate ReviewPersonal InjuryWorkers' RightsStatutory InterpretationWorkplace Safety