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

Case No. CA 12-01143
Regular Panel Decision
Feb 01, 2013

PROFESSIONAL, CLERICAL, TECHNICAL, MTR. OF

This case involves an appeal to the New York Supreme Court, Appellate Division, Fourth Judicial Department, concerning an arbitration award. The petitioner, Professional, Clerical, Technical, Employees Association, sought to vacate an arbitration award, which the Supreme Court, Erie County, initially granted. The respondent, Board of Education for Buffalo City School District, appealed this decision. The Appellate Division reversed the lower court's order, denying the petition to vacate and granting the cross-petition to confirm the arbitration award. The court concluded that the arbitrator's interpretation of the collective bargaining agreement regarding employee qualifications for new positions was neither irrational nor an exceeding of authority. The arbitrator's decision upheld the supervisor's discretion in assessing qualifications beyond minimum requirements for Assistant Management Analyst positions.

ArbitrationCollective Bargaining AgreementJudicial ReviewLabor LawAppellate DivisionSupervisor DiscretionEmployee QualificationsContract InterpretationNew York LawSchool District
References
15
Case No. 2021 NY Slip Op 07401
Regular Panel Decision
Dec 23, 2021

Matter of Carola B.-M. v. New York State Off. of Temporary & Disability Assistance

Petitioners Carola B.-M. and Tiara M. challenged the denial of their supplemental nutrition assistance program (SNAP) benefits by the New York State Office of Temporary and Disability Assistance and the Orleans County Department of Social Services. The benefits were denied because they were deemed ineligible college students. The Appellate Division, Fourth Department, reversed this determination, holding that participation in the Adult Career and Continuing Education Services, Vocational Rehabilitation program (ACCES-VR) qualifies as a Job Training Partnership Act (JTPA) program. This status exempts the students from certain SNAP eligibility requirements. The court found that the original determination was based on an unreasonable interpretation of relevant regulations, annulled the decision, granted the petition, and remitted the case for a calculation of retroactive benefits.

SNAP benefitscollege student eligibilityJob Training Partnership ActACCES-VRvocational rehabilitationCPLR article 78regulatory interpretationpublic assistancefood stampsAppellate Division
References
28
Case No. 2020 NY Slip Op 00653 [179 AD3d 1412]
Regular Panel Decision
Jan 30, 2020

Matter of James v. Home Comfort Assistance, Inc.

Claimant Christina James sought workers' compensation benefits after sustaining a work-related ankle injury. The Workers' Compensation Law Judge established an employer-employee relationship and awarded benefits. Home Comfort Assistance, Inc. appealed this decision to the Workers' Compensation Board, but their application for review was denied due to incompleteness; specifically, referring to attached pages for the "Basis for Appeal" instead of providing the information directly on the form RB-89. Home Comfort then appealed the Board's denial to the Appellate Division, Third Department. The Appellate Division affirmed the Board's decision, ruling that the Board acted within its discretion by refusing to consider an application that did not fully comply with 12 NYCRR 300.13 (b) (1).

Workers' CompensationAppellate ReviewIncomplete ApplicationForm RB-89Administrative ReviewDiscretionary AuthorityProcedural ComplianceThird DepartmentEmployer-Employee RelationshipJurisdictional Defect
References
8
Case No. MISSING
Regular Panel Decision

Gooshaw v. Wing

A disabled adult, relying on SSI and workers' compensation, relocated his mobile home to an undeveloped plot in Cortland County after eviction, lacking essential utilities. Faced with building code violations, he sought emergency assistance from the Cortland County Department of Social Services (DSS) for property improvements. DSS denied his application, recommending alternative housing, a decision affirmed by the Office of Temporary and Disability Assistance, which reasoned that his needs were foreseeable and not a sudden catastrophe. The court upheld this denial, confirming that the requested capital improvements fell outside the scope of emergency assistance for adults (EAA), which is intended for unforeseen events. It was concluded that the application was correctly assessed under emergency safety net assistance, which permits considering cost-effective alternatives, and the determination was supported by substantial evidence.

Emergency AssistanceDisabled AdultSupplemental Security IncomeWorkers' Compensation BenefitsMobile HomeBuilding Code ViolationsCapital ImprovementsSocial Services LawForeseeabilityCatastrophic Emergency
References
2
Case No. ADJ1839782 (GOL 0101821), ADJ2471155 (GOL 0101822), ADJ3556721 (GOL 0101823)
Regular
Nov 20, 2012

JEANETTE ZINKE vs. MENTOR CORPORATION, LIBERTY MUTUAL INSURANCE COMPANY-BEAVERTON

This Workers' Compensation Appeals Board case involved a clerical error in the caption of a prior Order Denying Reconsideration. The order erroneously listed "Employers Compensation" as the defendant insurance carrier instead of the correct entity, "Liberty Mutual Insurance Company-Beaverton." The Board issued this order to correct that clerical error. Such corrections are permissible at any time without further proceedings.

Order Denying ReconsiderationClerical Error CorrectionWorkers' Compensation Appeals BoardLiberty Mutual Insurance Company-BeavertonEmployers CompensationCaption CorrectionAlfonso J. MoralesRonnie G. CaplaneFrank M. BrassGOL District Office
References
1
Case No. ADJ6635167
Regular
Aug 01, 2011

CDWARD CARTER vs. MONTEREY MARRIOTT

This case involves a clerical error correction by the Workers' Compensation Appeals Board (WCAB). The WCAB's prior Order, issued June 17, 2011, incorrectly titled and referenced a "disqualification" instead of "removal." The Board is correcting the title to "Order Denying Removal" and substituting "removal" for "disqualification" throughout the order. This correction was made to ensure clarity and understanding of the Board's decision, and the WCAB retains jurisdiction to correct such clerical errors.

Workers' Compensation Appeals BoardOrder Correcting Clerical ErrorOrder Denying RemovalPetition for RemovalDisqualificationMonterey MarriottADJ6635167Toccalino v. Workers' Comp. Appeals Bd.Clerical ErrorsRemoval
References
1
Case No. ADJ236966 (MON 0309477)
Regular
Jan 27, 2015

HERMELINDA CLARA vs. DEPARTMENT OF SOCIAL SERVICES, YORK RISK SERVICES GROUP

This case involves a clerical error in a Workers' Compensation Appeals Board decision. The Board is issuing an interim order to correct the service date of its Opinion and Order Granting Petition for Reconsideration from December 6, 2015, to January 6, 2015. The error was identified as a simple clerical mistake. The matter remains pending before the Commissioners of the WCAB.

Workers' Compensation Appeals BoardInterim OrderClerical ErrorPetition for ReconsiderationDate of ServiceSupplemental ProceedingsOffice of the CommissionersAmendedRonnie G. CaplaneFrank M. Brass
References
1
Case No. ADJ11720540
Regular
Nov 08, 2019

SHEILA BROWN vs. COMPASS HEALTH, MURPHY BEANE

This case involves a clerical error in the date of service for a Workers' Compensation Appeals Board decision. The Board's Opinion and Order, dated October 8, 2019, was mistakenly stamped as served on that date. The actual service date was November 8, 2019. The Board issued this order to correct the clerical error to reflect the accurate service date without requiring further proceedings.

Workers' Compensation Appeals BoardClerical ErrorDate of ServiceOpinion and OrderReconsiderationPetition for RemovalDecision After RemovalAmended DateSan Luis ObispoJohn Spatafore Law Firm
References
2
Case No. ADJ11091707
Regular
Apr 09, 2018

LEILANI MOLINA vs. MSLA/UNITED HEALTHCARE SERVICES, INC.; TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA, administered by SEDGWICK

This Workers' Compensation Appeals Board case, ADJ11091707, involves a clerical error in the original decision. The Board's February 16, 2017 decision mistakenly listed the service date as February 16, 2017, when it should have been February 16, 2018. The Board corrected this clerical error, citing its authority to do so at any time without further proceedings. No other changes were made to the original February 16, 2018 Opinion.

Clerical errorDate of serviceCorrecting errorOpinion and OrderAppeals BoardWorkers' CompensationToccalino v. Workers' Comp. Appeals Bd.Supplemental ProceedingsPetition for RemovalAmended date
References
2
Case No. ADJ9271759
Regular
Jun 10, 2015

JIMMIE HARTMAN vs. TOWN OF SCOTIA COMPANY PACIFIC LUMBER

This case involves a clerical error in the date of service for a Workers' Compensation Appeals Board decision. The Board's May 10, 2015 decision incorrectly listed the service date as May 10, 2015. The Board has corrected this clerical error to reflect the accurate service date of June 10, 2015. This correction was made without granting reconsideration, as such errors can be corrected at any time.

Clerical errorDate of serviceCorrectionAppeals BoardReconsiderationSupplemental ProceedingsOrder Denying PetitionAmended dateWorkers' CompensationTown of Scotia
References
1
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