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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
Dec 02, 1977

Beckley v. Transworld Airlines

This case involves an appeal from a Workers’ Compensation Board decision, filed on March 3, 1977, and subsequently amended on December 2, 1977. The Board had affirmed a referee’s decision which disallowed a claim for compensation benefits. The disallowance was based on the finding that the claimant’s ulcerative colitis was not causally related to their occupation as an inflight service supervisor. The Board’s determination relied on a medical report by Dr. Jacobi and testimony from Ms. Wolf, concluding that the ailment was not an inherent hazard of the occupation. The appellate court reviewed the entire record and found substantial evidence to support the Board's decision, thus affirming it without costs.

Ulcerative ColitisCausationOccupational IllnessMedical Expert TestimonyInflight Service SupervisorBenefit DisallowanceAppellate ReviewBoard Decision AffirmationMedical Report FindingsSufficiency of Evidence
References
0
Case No. MISSING
Regular Panel Decision

Austin v. Calhoon

Anderson Austin, a long-standing member of The National Marine Engineer’s Beneficial Association (MEBA), filed a suit against Jesse M. Calhoon, Chairman of the MEBA Pension Trust, seeking a disability pension. Austin, who had suffered from a duodenal ulcer since 1961, applied for the pension in 1967, but his application was rejected by the Board of Trustees in 1971 based on a medical judgment. Calhoon moved to dismiss the case, arguing that the court lacked subject matter jurisdiction under Section 301 of the Labor Management Relations Act. The court granted the motion to dismiss, concluding that Austin's claim involved a uniquely private medical judgment rather than an issue of contract interpretation or union interests, thus falling outside the scope of Section 301 jurisdiction.

Labor Management Relations ActSection 301 LMRAPension BenefitsDisability PensionSubject Matter JurisdictionMotion to DismissCollective Bargaining AgreementMedical JudgmentIndividual RightsUnion Interests
References
7
Case No. MISSING
Regular Panel Decision
May 14, 1986

Claim of MacMullan v. Associated Press

William Von Stein appealed a Workers’ Compensation Board decision filed May 14, 1986, which denied his application to reopen Philip MacMullan’s previously closed compensation case. The Board determined that any new claim for compensation related to MacMullan's ulcer was barred by the two-year Statute of Limitations under Workers’ Compensation Law § 28. This appeal originated from a medical malpractice action in Supreme Court, where Von Stein, a coemployee and doctor, was accused of failing to inform MacMullan of an ulcer discovered during an employer-conducted medical examination. The Appellate Division affirmed the Board's decision, holding that Von Stein lacked standing to reopen MacMullan’s case and that the requested declaratory ruling on the ulcer's compensability fell outside the Board's authority. Consequently, the court concluded that the judicial forum, not the Workers’ Compensation Board, was the appropriate venue for resolving the dispute concerning MacMullan's injury.

Workers' Compensation Law § 28Statute of LimitationsReopening Closed CaseMedical MalpracticeStanding to SueBoard JurisdictionDeclaratory RulingUlcer ConditionAngina PectorisCoemployee Immunity
References
2
Case No. MISSING
Regular Panel Decision
Dec 13, 1979

In re the Claim of D'Amore v. Town of Hempstead

A claimant appealed a decision from the Workers’ Compensation Board regarding injuries sustained during employment. The claimant was injured by a falling heater, striking his head, right big toe, and leg, leading to subsequent ulceration, gangrene, and amputations of the toe and leg. Although initial medical reports only noted a head injury, later testimony from the claimant and medical experts, Dr. Grauer and Dr. Ahmad, established the link between the workplace accident and the toe and leg injuries. The Board found the injuries causally related. The Appellate Division affirmed the Board's determination, concluding that substantial evidence supported the findings.

AmputationGangreneUlcerationToe injuryLeg injuryHead injuryWorkplace accidentCredibilitySubstantial evidenceWorkers' Compensation
References
1
Case No. MISSING
Regular Panel Decision

Franklin v. Apfel

Roger R. Franklin appealed the denial of social security disability benefits by Commissioner Kenneth S. Apfel. Franklin claimed disability since January 1993 due to back problems, depression, anxiety, and stomach ulcers. An Administrative Law Judge (ALJ) initially denied benefits, a decision affirmed by the Appeals Council. District Judge Curtin reviewed cross-motions for judgment on the pleadings. The court found that the ALJ erred by downplaying non-exertional impairments and by relying on unreliable vocational expert testimony regarding job availability. Consequently, the plaintiff's motion was granted, the defendant's denied, and the case was remanded for further administrative proceedings consistent with the decision.

Disability BenefitsSocial Security ActALJ DecisionRemandResidual Functional CapacityNon-Exertional ImpairmentsVocational ExpertSubstantial EvidenceMedical-Vocational GuidelinesMental Impairment
References
17
Case No. MISSING
Regular Panel Decision

Matter of Phelan v. Bethpage State Park, New York State Department of Parks & Recreation

Claimant, a groundskeeper for over 35 years at a state park, developed a diabetic ulceration with osteomyelitis in his right foot, necessitating surgery and partial amputation. He filed for workers' compensation benefits, attributing his condition to cold exposure from his outdoor work. The employer and carrier controverted the claim, arguing the condition stemmed from diabetes, not his employment. Initially, a Workers’ Compensation Law Judge found a causally related occupational disease and awarded benefits. However, the Workers’ Compensation Board reversed this decision, disallowing the claim due to a lack of causally related occupational disease. On appeal, the court affirmed the Board's determination, concluding that the claimant's condition was alleged to result from an environmental condition rather than a distinctive feature of his occupation, and that the submitted medical evidence of a causal relationship was not compelling.

Occupational DiseaseCausal RelationshipDiabetic UlcerationOsteomyelitisCold ExposureGrounds KeepingWorkers' Compensation BenefitsMedical EvidenceAppellate ReviewWorkers’ Compensation Board Reversal
References
7
Case No. MISSING
Regular Panel Decision
Nov 15, 1978

Claim of Carapazza v. Owens Trucking Co.

This is an appeal from a Workers’ Compensation Board decision filed on November 15, 1978, which discharged the Special Funds Conservation Committee from liability. The claimant suffered a permanent partial disability due to a compensable myocardial infarction on October 17, 1973. The insurance carrier sought reimbursement for liability after 104 weeks of disability, pursuant to Workers’ Compensation Law, § 15 (subd 8, par [d]), arguing that the claimant had a prior permanent physical impairment. However, the Board Panel, based on Dr. Lehv's testimony, found that the claimant's ulcer did not materially or substantially affect the degree of disability caused by the 1973 accident. The decision was supported by substantial evidence and was subsequently affirmed, with costs awarded to the Special Funds Conservation Committee against the employer and its insurance carrier.

Myocardial InfarctionPermanent Partial DisabilitySpecial FundsPrior ImpairmentWorkers' Compensation Law § 15(8)(d)Medical TestimonyUlcerSubstantial EvidenceReimbursementAppellate Division
References
0
Case No. MISSING
Regular Panel Decision

Gonzalez v. Secretary of United States Department of Health & Human Services

Lydia Gonzalez, 72, sought Medicare reimbursement for her hospital stay from July 28 to August 19, 1981, following surgeries at Nassau Hospital for a sacral ulcer. The hospital's Utilization Review Committee and Physicians Review Organization determined she only required "custodial care," which is not covered by Medicare. Her discharge was delayed due to insanitary home conditions. After appeals to the New York Statewide Professional Standard Review Council and an Administrative Law Judge affirmed the denial, Gonzalez pursued legal action. The District Court granted the defendant's motion, affirming the Secretary's decision, finding that while the ALJ's reasoning was unclear, substantial evidence supported the conclusion that Gonzalez's extended hospital stay was due to non-medical "disposition problems" rather than a medical necessity for skilled nursing care.

Medicare benefitscustodial careskilled nursing careSocial Security Acthospital dischargemedical necessityadministrative reviewdenial of benefitsUtilization Review CommitteeAppeals Council
References
8
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