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

Case No. 533181
Regular Panel Decision
Apr 14, 2022

In the Matter of the Claim of Albert Olszewski

Claimant Albert Olszewski filed two workers' compensation claims in 2017 and 2018. A Workers' Compensation Law Judge (WCLJ) disallowed both. Claimant filed a single application for review, but the Workers' Compensation Board denied review of the 2017 claim because a separate copy of the application was not submitted for that claim, citing Subject No. 046-1106. The Board, however, reversed the WCLJ's decision on the 2018 claim. Claimant appealed the denial of review for the 2017 claim. The Supreme Court, Appellate Division, Third Judicial Department, found that the Board abused its discretion by denying review based on a procedural requirement (separate forms for multiple claims) not explicitly stated in the form instructions or regulations, and where the referenced penalty in Subject No. 046-1106 involved cost assessment, not denial of review. The court modified the Board's decision, reversing the denial of review for the 2017 claim and remitting the matter to the Board for further proceedings.

Workers' CompensationAppellate ReviewBoard DiscretionProcedural ErrorForm RB-89Multiple ClaimsSubject No. 046-1106Workers' Compensation Law § 114-aAbuse of DiscretionRemittal
References
5
Case No. claim No. 1, claim No. 2
Regular Panel Decision

Colley v. Endicott Johnson Corp.

The case involves an appeal from a Workers' Compensation Board decision concerning two claims. The claimant suffered a back injury in 1985, and that claim was closed in 1986. In 2004, while working in Ohio for MCS Carriers, the claimant sustained another back injury. The Workers' Compensation Law Judge ruled that the 1985 claim was barred from reopening by Workers’ Compensation Law § 123 and that New York lacked subject matter jurisdiction over the 2004 claim. The Workers' Compensation Board affirmed these rulings, leading to this appeal. The appellate court affirmed the Board's decision, confirming the applicability of § 123 to the 1985 claim due to lapsed statutory limits and concluding that insufficient significant contacts existed to confer New York jurisdiction over the 2004 out-of-state injury.

Workers' CompensationJurisdictionStatute of LimitationsReopening ClaimOut-of-state InjurySignificant ContactsAppellate ReviewBack InjuryTruck DriverNew York Law
References
6
Case No. Claim 230
Regular Panel Decision
Sep 20, 1994

Patterson v. Newspaper & Mail Deliverers' Union of New York & Vicinity

This case involves an appeal by Tribune New York Holdings, Inc. (NY Holdings) of an Administrator's denial of its motions to dismiss or for summary judgment in "Claim 230." Claim 230 originated from EEOC discrimination charges filed by employees of the New York Daily News, alleging ongoing racial discrimination in violation of Title VII of the Civil Rights Act of 1964, stemming from a larger class action suit against the Newspaper and Mail Deliverers’ Union and various publishers. NY Holdings argued that the claimants failed to prosecute diligently under Rule 41(b) and could not substantiate their discrimination claims for summary judgment under Rule 56(c). The District Court, granting deference to the Administrator's findings akin to an arbitrator's decision, affirmed the Administrator's denial of both motions. The court concluded that the Administrator did not abuse his discretion regarding diligent prosecution and that genuine issues of material fact regarding discrimination persisted, thereby precluding summary judgment, while cautioning against further delays.

Employment DiscriminationTitle VIICivil Rights Act of 1964Affirmative ActionConsent DecreeSummary JudgmentDismissal for Want of ProsecutionRule 41(b) Federal Rules of Civil ProcedureRule 56(c) Federal Rules of Civil ProcedureEEOC
References
21
Case No. 533036
Regular Panel Decision
Mar 17, 2022

In the Matter of the Claim of Charles Mascali

Claimant, a police officer, filed a workers' compensation claim for injuries sustained at the World Trade Center site in 2001. Initially, a WCLJ established the claim for work-related conditions, but the Workers' Compensation Board reversed this, finding insufficient medical evidence. Claimant then sought reconsideration or full Board review, which the Board denied. The Appellate Division affirmed the Board's denial of reconsideration, stating that the appeal only concerned whether the denial was arbitrary and capricious, and the merits of the initial June 2020 decision were not before them. The court found no abuse of discretion in denying reconsideration as the new medical report merely restated previously rejected opinions.

Workers' CompensationPolice Officer9/11 WTCChronic Pulmonary DiseaseGastroesophageal Reflux DiseaseDyspneaShortness of BreathCausal RelationshipMedical EvidenceReconsideration
References
9
Case No. CV-25-0645
Regular Panel Decision
Feb 11, 2026

In the Matter of the Claim of Rupert Sheodial

Claimant, Rupert Sheodial, appealed a Workers' Compensation Board decision denying his application for reconsideration and/or full Board review. Initially, a Workers' Compensation Law Judge established a work-related low back injury claim for Sheodial. However, the Board reversed this in July 2024, disallowing the claim due to inconsistent accounts from the claimant and his failure to disclose prior treatment for back pain to medical providers. The Appellate Division affirmed the Board's October 2024 decision, stating that only the denial of reconsideration was properly before them, not the merits of the earlier July 2024 decision. The Court concluded that the Board's denial was not arbitrary or capricious, as the claimant failed to provide new evidence or demonstrate a change in condition for reconsideration.

AppealReconsiderationFull Board ReviewCausationMedical HistoryIndependent Medical ExaminationAppellate DivisionLow Back InjuryClaim DenialInconsistent Testimony
References
5
Case No. CV-24-0555
Regular Panel Decision
Mar 20, 2025

In the Matter of the Claim of Wiley Sutphin

This case involves an appeal by UPS and Liberty Mutual Insurance Corporation (LM) from a Workers' Compensation Board (WCB) decision. The WCB had denied LM's application for Board review concerning the apportionment of liability among three separate workers' compensation claims filed by Wiley Sutphin. The denial was based on LM's failure to file a separate copy of the RB-89 form for each claim, as advised by WCB Subject No. 046-1106R. The Supreme Court, Appellate Division, Third Judicial Department, reversed the WCB's decision. The court found that the WCB's directive regarding separate filings was not explicitly stated on the RB-89 form, in its instructions, or in the Board's regulations (12 NYCRR 300.13 [b] [3]), thereby concluding that the Board's denial constituted an abuse of discretion. The matter is remitted to the Workers' Compensation Board for further proceedings.

Workers' CompensationAppellate ReviewBoard Review ApplicationProcedural RulesForm RB-89Multiple ClaimsApportionment of LiabilityAbuse of DiscretionAdministrative LawFiling Requirements
References
11
Case No. MISSING
Regular Panel Decision

Claim of Pinto v. Southport Correctional Facility

Claimant, a teacher at a maximum-security correctional facility, experienced severe head pains and disorientation, leading to a claim for workers' compensation benefits for work-related stress, depression, headaches, and memory loss. The Workers’ Compensation Board disallowed the claim, finding the presumption of work-related injury rebutted and concluding that the stress experienced was not greater than that usually encountered in his work environment. On appeal, the court affirmed the Board’s decision to deny the claim on the merits. While the court disagreed with the Board's finding that the claim was barred by Workers’ Compensation Law § 2 (7) due to personnel decisions, it upheld the Board's alternate basis for denial, stating that the claimant failed to show the stress was beyond what similarly situated workers experienced.

Workers' CompensationStress-related injuryMental injuryCausationPresumption of injuryRebuttal of presumptionPersonnel decisionWork environmentCorrectional facilityTeacher
References
14
Case No. MISSING
Regular Panel Decision
Jan 08, 2002

Claim of Palma v. New York City Department of Corrections

The claimant, a Vietnam veteran and former correction officer, sustained injuries in 1975 and was awarded workers' compensation benefits. His case was later reopened to address consequential posttraumatic stress disorder (PTSD), but a Workers' Compensation Law Judge (WCLJ) and the Board attributed his PTSD to his Vietnam service, not his employment assault. Claimant's subsequent application for a rehearing and/or reopening of the claim, based on new psychiatric reports from 1999 and 2000, was denied by the Board on January 8, 2002. The Board concluded that the claimant failed to demonstrate the medical evidence was unavailable earlier or indicated a change in his psychiatric condition. This appeal challenged the Board's denial of the rehearing application, rather than the underlying PTSD claim. The court affirmed the Board's decision, finding no arbitrary, capricious, or abusive discretion in the denial of the application.

Workers' CompensationAppealRehearingReopening ClaimPosttraumatic Stress Disorder (PTSD)Correction OfficerVietnam VeteranMedical EvidenceAbuse of DiscretionArbitrary and Capricious
References
3
Case No. CLAIM NO. 78
Regular Panel Decision

In Re DDI Corp.

This case concerns the application of excusable neglect to a late class proof of claim filed by Raymond Ferrari and other representatives on behalf of a putative class against DDi Corp., a debtor in a pre-arranged chapter 11 case. The claim was filed approximately six weeks after the bar date. The debtors moved to expunge the claim due to untimeliness and procedural defects, while the representatives cross-moved for leave to file late, arguing lack of actual notice. The court denied the cross-motion, finding that the class was an unknown creditor at the time the bar date notice was mailed, and therefore, excusable neglect was not established. Consequently, the debtors' motion to expunge Claim No. 78 was granted.

excusable neglectlate claimclass actionproof of claimbar datebankruptcysecurities fraudchapter 11actual noticeunknown creditor
References
10
Case No. MISSING
Regular Panel Decision

Claim of Rowe v. Oswego Hospital

A registered nurse sustained a lower back injury in December 1998 while lifting a patient and filed a workers' compensation claim in June 1999. The employer controverted the claim, citing lack of timely notice. A Workers’ Compensation Law Judge denied the claim due to non-compliance with Workers’ Compensation Law § 18, a decision subsequently affirmed by the Workers’ Compensation Board, which found the employer was prejudiced by the delay. On appeal, the court rejected the claimant’s waiver argument, affirming the Board’s finding that the employer lacked timely notice and suffered prejudice, thereby upholding the denial of benefits.

Workers' CompensationUntimely ClaimNotice RequirementsEmployer PrejudiceBack InjuryRegistered NurseIncident ReportAppellate ReviewAffirmed DecisionWorkers' Compensation Law § 18
References
3
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