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

Case No. 13-ev-3288; 13-cv-4244
Regular Panel Decision

Alzheimer's Disease Resource Center, Inc. v. Alzheimer's Disease & Related Disorders Ass'n

This case involves two related lawsuits stemming from the disaffiliation of the Alzheimer’s Disease Resource Center, Inc. (ADRC) from the Alzheimer’s Disease and Related Disorders Association (the Association). In case 13-ev-3288, ADRC alleged unfair competition, false advertising, and other claims. The Court denied dismissal for false advertising under the Lanham Act, New York General Business Law § 349, and unjust enrichment, but granted dismissal for trademark infringement, common law unfair competition, UCC violations, conversion, tortious interference, and fraud. In case 13-cv-4244, ADRC alleged breach of contract and misappropriation of trade secrets related to donor lists. The Court granted the Association's motion to dismiss this complaint in its entirety. Punitive damages were stricken for Lanham Act and unjust enrichment claims.

Unfair CompetitionLanham ActFalse AdvertisingTrademark InfringementNew York General Business Law § 349Unjust EnrichmentMotion to DismissBreach of ContractTrade Secret MisappropriationConversion
References
55
Case No. MISSING
Regular Panel Decision

Claim of Valenti v. Penn Plax Plastics

The claimant, exposed to asbestos between 1965 and 1972, developed asbestosis, asbestos-related pleural disease, and lung cancer. His 1995 workers' compensation claim was denied by a Workers' Compensation Law Judge and the Board, which found his lung cancer causally related to asbestos exposure occurring before July 1, 1974, thus falling under the 'dust disease' rule requiring total disability for compensation. The claimant appealed, arguing lung cancer is not a dust disease. The appellate court reversed and remitted the decision, clarifying that while lung cancer itself is not a dust disease, the pre-1974 restriction applies if it's causally related to a dust disease like asbestosis. The court noted the Board failed to make a specific finding on this causal link.

asbestos exposurelung cancerasbestosisworkers' compensationdust diseasetotal disabilitypartial disabilitycausationremittalappellate review
References
9
Case No. MISSING
Regular Panel Decision

Fama v. P & M Sorbara

This case addresses the complex principles of workers' compensation benefit liability for asbestos-exposed workers suffering from both "dust diseases" like asbestosis and "occupational diseases" such as asbestos-related pleural disease (ARPD). The Special Funds Conservation Committee argued for separate claims due to differing statutory treatments for these conditions. The Workers' Compensation Board established the claim for asbestosis, and this decision was affirmed on appeal. The court held that when a claimant's disability is partly due to a dust disease, the dust disease provisions of the Workers' Compensation Law take precedence, and separate claims for nondust diseases arising from the same asbestos exposure are unnecessary.

Workers' CompensationAsbestos ExposureDust DiseaseOccupational DiseaseAsbestosisPleural DiseaseSpecial Disability FundEmployer LiabilityApportionment of LiabilityWorkers' Compensation Board
References
17
Case No. MISSING
Regular Panel Decision

Smith v. Aerospace

The employer and its insurance carrier appealed a decision by the Workers’ Compensation Board that discharged the Special Funds Conservation Committee from liability on a death claim. The decedent, who died from mesothelioma, had previously developed asbestosis, a recognized dust disease, which medical evidence showed precipitated the cancer. The Board had erroneously concluded that Special Fund was not liable solely because mesothelioma is not a dust disease. The court clarified that Special Fund's liability extends to cases where a dust disease is a contributory or precipitating factor, not just the direct cause of death. Finding the Board's decision irrational and unsupported by substantial evidence, the court reversed it. The matter was remitted to the Workers’ Compensation Board for further proceedings consistent with the court's opinion.

AsbestosisMesotheliomaDust DiseaseOccupational DiseaseSpecial Funds Conservation CommitteeCausationContributory FactorPrecipitating FactorMedical EvidenceAppellate Review
References
13
Case No. MISSING
Regular Panel Decision

Claim of Matott v. St. Joe's Lead

Claimant, a retired miner, sought workers' compensation benefits in 1991 for an occupational lung disease allegedly caused by dust exposure during his employment from 1949 to 1974. The Workers' Compensation Board initially found a permanent partial disability but later reversed, denying benefits. The Board's reasoning was that the partial disability stemmed from a 'dust disease' prior to July 1, 1974, thus excluded under former Workers' Compensation Law § 39. However, the appellate court found that medical experts agreed the claimant suffered from chronic bronchitis, not a pneumoconiosis-type 'dust disease'. Consequently, the court reversed the Board's decision, concluding that the grounds for denying benefits were erroneous, and remitted the matter for further proceedings.

Occupational DiseaseLung DiseaseChronic BronchitisDust ExposureWorkers' Compensation BenefitsPartial DisabilityPneumoconiosisStatutory InterpretationScope of CoveragePre-1974 Law
References
6
Case No. MISSING
Regular Panel Decision

Claim of Roberts v. Agway, Inc.

This case involves an appeal from a Workers' Compensation Board decision that found an occupational disease and resulting death of claimant's husband due to harmful dust exposure during employment, discharging the Special Disability Fund. Appellants, the employer Agway, Inc. and its insurance carrier, contended that the claim should be reimbursable from the Special Disability Fund under provisions relating to silicosis or other dust diseases. The decedent had incurred chronic bronchitis, diffuse pulmonary emphysema, and chronic corpulmonale, resulting in his death. The court affirmed the prior award to the claimant, stating that cereal grain exposure is not a 'dust disease' covered by the specific Workers' Compensation Law sections for reimbursement from the Special Disability Fund. The board's decision, supported by unanimous medical opinion that the decedent did not suffer from silicosis or other pneumoconiosis, was affirmed.

Occupational DiseaseDust DiseaseWorkers' Compensation LawSpecial Disability FundCausal RelationshipChronic BronchitisPulmonary EmphysemaChronic CorpulmonaleSilicosisPneumoconiosis
References
6
Case No. MISSING
Regular Panel Decision

Claim of Grill v. Fashion Institute of Technology

Claimant was diagnosed with interstitial pulmonary fibrosis and lung disease, established as a compensable occupational disease. The central issue was whether her condition qualified as a dust disease under Workers’ Compensation Law § 15 (8) (ee), entitling the employer to Special Disability Fund reimbursement. The Workers’ Compensation Board ruled against the employer, a decision subsequently affirmed. The court credited the treating pulmonologist's finding that the claimant suffered from pneumonitis due to aerosolized paint exposure, rather than pneumoconiosis, which is required for a dust disease classification. Therefore, the employer's appeal for reimbursement was denied.

Occupational DiseaseInterstitial Pulmonary FibrosisLung DiseaseDust DiseaseSpecial Disability FundWorkers' Compensation LawReimbursementPneumonitisPneumoconiosisAerosolized Paint Exposure
References
10
Case No. MISSING
Regular Panel Decision

Claim of Graham v. Armstrong Contracting & Supply Co.

This case addresses the interpretation of Workers’ Compensation Law § 39, specifically regarding eligibility for partial disability benefits due to dust disease. The claimant, exposed to harmful dust between 1931-1966 and 1971-1974, was diagnosed with asbestosis in 1979. The Workers’ Compensation Board initially denied compensation, interpreting the 1974 amendment to require six months of injurious exposure after July 1, 1974. The court reversed this decision, ruling that a literal interpretation of the statutory language "on and after such date" would frustrate legislative intent. The court concluded that the word "and" should be read as "or" to align with the legislative goal of expanding compensation coverage for workers partially disabled by dust diseases. The matter was remitted for further proceedings consistent with this interpretation.

Workers' Compensation LawDust DiseaseAsbestosisPartial DisabilityStatutory InterpretationLegislative IntentAppellate ReviewNew YorkInjurious ExposureEligibility for Benefits
References
1
Case No. MISSING
Regular Panel Decision

Claim of Dallas v. Consolidated Edison

The claimant, with 34 years of asbestos exposure, was diagnosed with pulmonary asbestosis and asbestos-related pleural disease (ARPD) by a treating physician in 1996. Initially, a workers' compensation law judge established the case for a general asbestos-related occupational disease. However, upon reconsideration, the Workers' Compensation Board modified this to specifically include asbestosis and ARPD, thereby making the Special Disability Fund liable for benefit reimbursement to the employer. The Special Funds Conservation Committee appealed this decision, challenging the need for separate claims for dust and non-dust diseases and the Board's authority to revisit the case. The appellate court affirmed the Board's decision, asserting its plenary authority to modify prior rulings when findings are imprecise or inconsistent with medical evidence.

Asbestos exposureOccupational diseasePulmonary asbestosisAsbestos-related pleural diseaseWorkers' Compensation BoardSpecial Disability FundSpecial Funds Conservation CommitteeAppellate reviewMedical evidenceClaim modification
References
4
Case No. MISSING
Regular Panel Decision
Jan 15, 2010

Claim of Castelli v. NRG

The claimant developed asbestosis and chronic obstructive pulmonary disease due to asbestos exposure during employment, with a disablement date of November 13, 2008. The employer and its workers’ compensation carrier sought reimbursement from the Special Disability Fund, but the Workers' Compensation Board denied the application. This denial was based on 2007 amendments to Workers’ Compensation Law § 15 (8) that closed the Fund to claims with disablement dates after July 1, 2007. The employer appealed, arguing the time limit was inapplicable to dust disease claims and that statutory definitions supported their interpretation. The Court affirmed the Board's decision, concluding that the statutory language and legislative history unequivocally intended to close the Fund to all new claims, including dust diseases, with disablement dates post-July 1, 2007.

asbestosasbestosischronic obstructive pulmonary diseaseSpecial Disability FundWorkers' Compensation Law § 15(8)2007 amendmentsdate of disablementdust diseaseoccupational diseasereimbursement claim
References
5
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