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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 Hart v. Pageprint/Dekalb

The case involves an appeal from a Workers' Compensation Board decision that imposed a late payment penalty on an employer's carrier. The claimant, suffering from permanent partial disability due to bilateral carpal tunnel syndrome, entered into a waiver agreement with the carrier for $35,200. Although the Board approved the agreement without a hearing, the carrier paid the claimant 20 days after approval, exceeding the 10-day limit, leading to a $7,040 penalty. The appellate court found the streamlined procedures used for approval invalid because they conflicted with 12 NYCRR 300.36, meaning the agreement was never properly approved and thus the 10-day limitations period for payment never commenced. Consequently, the penalty imposition was reversed, and the matter was remitted to the Board for a proper hearing on the agreement.

Workers' Compensation Law § 32Late Payment PenaltyWaiver AgreementBoard ApprovalStreamlined ProceduresAdministrative LawJudicial ReviewRemandWorkers' Compensation BoardOccupational Disease
References
5
Case No. SDO 0327959
Regular
Aug 03, 2007

IRMA MENDEZ vs. SUNRISE SENIOR LIVING, AMERICAN HOME ASSURANCE

This Workers' Compensation Appeals Board case clarifies the commencement date for temporary disability payments under Labor Code section 4656(c)(1). The Board amended a prior order, ruling that the commencement date is the date the first payment is actually issued, not the date the disability is first owed. Consequently, the employer's liability for temporary disability is limited to 104 weeks within two years from the actual payment date of June 2, 2005.

Workers' Compensation Appeals BoardTemporary disability indemnityLabor Code section 4656(c)(1)Date of commencementFindings and OrderPetition for reconsiderationExpedited hearingApplication for Adjudication of ClaimStipulationCompensable weeks
References
1
Case No. OAK 0311431
Regular
Nov 30, 2007

JESUS GUERRERO vs. HERTZ HEAVY EQUIPMENT RENTAL, SPECIALTY RISK SERVICES, INC.

The Workers' Compensation Appeals Board granted reconsideration and rescinded an award of temporary disability indemnity beyond two years from the initial payment. The Board held that Labor Code section 4656(c)(1) strictly limits temporary disability payments to 104 weeks within a two-year period from the commencement of such payments. Therefore, the applicant's claim for benefits commencing in 2007 was barred, as the two-year window from his 2004 injury had already expired.

Labor Code section 4656(c)(1)temporary disability indemnity104 compensable weekstwo-year periodcommencement of temporary disability paymentPetition for ReconsiderationFindings of Fact and Awardrescindstipulatedindustrial injury
References
6
Case No. ADJ1974387
Regular
Jan 19, 2023

KATHERINE BEARD vs. WALMART ASSOCIATES, INC., AMERICAN HOME ASSURANCE, YORK RISK SERVICES GROUP, INC.

This case concerns a dispute over permanent disability benefits for an employee injured in 2006. The applicant sought benefits at a higher weekly rate and an earlier COLA commencement date than initially awarded. The Appeals Board amended the original findings, ruling that the date of first permanent disability payment (September 13, 2006) controls benefit calculations. Consequently, the defendant must retroactively adjust payments to $407.66 per week and commence COLAs from January 1, 2007, with credit for prior payments.

Petition for Reconsiderationpermanent disability indemnityCOLApermanent total disabilityretroactive adjustmentpermanent and stationary dateearnings at time of injuryaverage weekly earningsmedical-legal benefitLabor Code Section 4650
References
4
Case No. MISSING
Regular Panel Decision
Dec 04, 1989

Richardson v. Hetelekides

The Workers' Compensation Board imposed a 20% penalty on Insurance Company of North America, the carrier for employer Savos Hetelekides, for late payment of a $1,125 award to the claimant. The carrier argued that the 10-day payment period for compensation awards should commence upon its receipt of the notice of award, not the filing date. However, both a Workers’ Compensation Law Judge and the Board affirmed the penalty, stating that no extra time is allowed for mailing and the period begins from the notice's filing date. The employer and carrier appealed this determination to the appellate court. The appellate court affirmed the Board's decision, reiterating that the 10-day period for payment of a compensation award commences on the date of filing of the notice of award.

Workers' CompensationPenalty for Late PaymentLate Payment of Award10-Day Payment PeriodNotice of AwardFiling Date vs. Receipt DateAppellate ReviewBoard Decision AffirmedInsurance Carrier LiabilityEmployer Appeal
References
2
Case No. MISSING
Regular Panel Decision
Jun 15, 1999

In re the Arbitration between State Insurance Fund & Country-Wide Insurance

The Supreme Court, New York County, affirmed an order dated June 15, 1999. This order granted a workers' compensation insurer's application to vacate an arbitration award that had denied its claim against an automobile liability insurer as time-barred. The court also denied the automobile insurer's cross-motion to confirm the award. The case was remanded for a rehearing on the workers' compensation insurer's claim for payments made to an injured worker within the three-year Statute of Limitations, commencing from December 4, 1994, the date of the arbitration proceeding. The court found that the arbitrator's acceptance of the Statute of Limitations defense was arbitrary and capricious, as precedent establishes a three-year limitation period from the date of the first payment, not the date of injury, only precluding recovery of payments made more than three years prior to the commencement of suit.

Automobile LiabilityArbitration Award VacatedStatute of Limitations DefenseJudicial Review StandardArbitrary and Capricious RulingInter-insurer ClaimRemand for RehearingAppellate AffirmationLegal PrecedentClaim Timeliness
References
2
Case No. MISSING
Regular Panel Decision

Employers' Mutual Liability Insurance v. McLellan

This motion, brought by a plaintiff insurance carrier and Flying Tigers, Inc., sought to stay payment to defendant John Johnstone. The payment was awarded by Deputy Commissioner McLellan under the Longshoremen’s and Harbor Workers’ Compensation Act for the death of James M. Johnstone. Plaintiffs argued that the Deputy Commissioner's findings on dependency and jurisdiction were erroneous and that they would suffer irreparable harm without a stay due to no provision for repayment under the Act. However, the court found the application inadequate, citing insufficient facts, rebutted dependency claims, and legally insufficient assertions of irreparable injury. Consequently, the motion for a stay of payment was denied.

Longshoremen's and Harbor Workers' Compensation ActWorkers' CompensationStay of PaymentPreliminary InjunctionIrreparable HarmDependencyJurisdictionCompensation AwardPenalty for Non-PaymentInsurance Carrier
References
8
Case No. MISSING
Regular Panel Decision

Williams v. Glass

The petitioner, a paternal grandmother, sought foster care payments for three children who had been in her custody since July 30, 1988, following their placement by the Department of Social Services (DSS). DSS initially provided payments until July 29, 1988, but subsequently denied further funding, asserting that the foster care placement had automatically terminated. The court, in reviewing the Commissioner's determination, held that under the Interstate Compact on the Placement of Children (Social Services Law § 374-a), DSS, as the sending agency, retained jurisdiction and financial responsibility for the children. The court found that the voluntary 'discharge' of the children to the grandmother was an insufficient basis to terminate DSS's ongoing supervisory and financial responsibilities. Consequently, the Commissioner's determination denying foster care payments was annulled, and the petition seeking such payments was granted.

Foster careInterstate CompactSocial Services LawCPLR article 78Judicial reviewAnnulmentChild custodyFinancial responsibilityAgency responsibilityNew York law
References
4
Case No. MON 0325729 MON 0325730
Regular
Jun 02, 2008

JORGE CORONA vs. LOS ANGELES UNIFIED SCHOOL DISTRICT, SEDGWICK CLAIMS MANAGEMENT SERVICES

The Workers' Compensation Appeals Board granted reconsideration of a prior award of temporary disability benefits. Defendant argued that Labor Code section 4656 prohibited the award, as more than two years had passed since temporary disability commenced. The Board found the record insufficient to determine when temporary disability payments actually began, rescinded the award, and returned the case for further proceedings to establish the commencement date of indemnity payments.

ReconsiderationTemporary DisabilityLabor Code section 4656Findings and AwardStipulated AwardNew and Further DisabilityCompensable WeeksDate of Commencement of Temporary Disability PaymentHawkins v. Amberwood ProductsBenefit Printout
References
1
Case No. MISSING
Regular Panel Decision

Claim of Joslin v. City of Albany Fire Department

The claimant appealed a Workers’ Compensation Board decision regarding the method of payment for his hearing loss benefits, specifically challenging the biweekly installment plan. The claimant argued that Workers’ Compensation Law § 49-bb, which governs occupational loss of hearing claims, mandated a different payment method. The court rejected this contention, asserting that Workers’ Compensation Law § 15 (3) (m), which covers schedule awards for hearing losses generally, and § 49-cc, which directs occupational loss of hearing compensation to align with § 15 (3), govern the payment. Consequently, the court affirmed that the claimant was entitled to biweekly scheduled payments, consistent with other schedule loss awards.

Hearing lossWorkers' CompensationOccupational diseaseSchedule awardBiweekly paymentsStatutory interpretationAppealCompensation benefitsWorkers' Compensation Board
References
2
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