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

Case No. 2025 NYSlipOp 01843 [236 AD3d 1254]
Regular Panel Decision
Mar 27, 2025

What Happened in Felix vs. Weber Metals Reconsideration?

The claimant, Bogdan Mystkowski, appealed a Workers' Compensation Board decision denying his request for an extreme hardship redetermination. Mystkowski, who suffered a back injury in 2011 and was found to have a permanent partial disability, sought reclassification to a permanent total disability due to alleged financial hardship. The Board, affirming a Workers' Compensation Law Judge's decision, found that Mystkowski's claimed expenses, including a luxury vehicle and high food costs attributed to an inability to cook, did not meet the threshold of 'unusual or unexpected expenses' for extreme hardship. The Appellate Division, Third Department, affirmed the Board's determination, finding it supported by substantial evidence, noting that demonstrating expenses exceed income does not automatically mandate an extreme hardship finding.

Extreme HardshipWorkers' Compensation BenefitsPermanent Partial DisabilityPermanent Total DisabilityWage-Earning CapacityReclassificationFinancial HardshipIndemnity BenefitsSocial Security DisabilityAdministrative Appeal
References
5
Case No. 2024 NY Slip Op 05006
Regular Panel Decision
Oct 10, 2024

How Did the WCAB Rule in Hardgrove vs. Intercon Security?

Claimant Janice Brown was injured in a work-related accident in 2010, resulting in a permanent partial disability and 80% loss of wage earning capacity. She was entitled to 425 weeks of indemnity benefits. Prior to their exhaustion, she sought an extreme hardship redetermination to be reclassified to permanent total disability, which the Workers' Compensation Law Judge and subsequently the Workers' Compensation Board denied. The Board interpreted 'extreme hardship' as requiring financial hardship beyond the ordinary, considering claimant's assets, income, and expenses. The Appellate Division, Third Department, affirmed the Board's decision, finding its interpretation and application of the extreme hardship standard rational and supported by substantial evidence, noting claimant's home equity loan and luxury vehicle lease.

Workers' Compensation LawPermanent Partial DisabilityExtreme Hardship RedeterminationWage Earning CapacityIndemnity BenefitsReclassificationPermanent Total DisabilityFinancial HardshipSubstantial EvidenceAppellate Review
References
3
Case No. 535032
Regular Panel Decision
Feb 16, 2023

What Did the WCAB Decide in Cuadra vs. Community Home Care?

Charlene Davis, a licensed practical nurse, sustained two work-related injuries in 2010, leading to a permanent partial disability classification in 2013 and 425 weeks of indemnity benefits. Prior to benefits exhaustion in 2020, she sought reclassification to permanent total disability based on extreme hardship under Workers' Compensation Law § 35 (3). A Workers' Compensation Law Judge granted her request, but the Workers' Compensation Board modified this, ruling she failed to show extreme financial hardship. The Appellate Division affirmed the Board's decision, agreeing with the interpretation of 'extreme hardship' as financial hardship 'beyond the ordinary and existing in a very high degree' and finding the Board's determination supported by substantial evidence regarding claimant's income, assets, and expenses.

Extreme HardshipPermanent Partial DisabilityPermanent Total DisabilityWage-Earning CapacityWorkers' Compensation BenefitsIndemnity BenefitsReclassificationStatutory InterpretationFinancial HardshipSubstantial Evidence
References
8
Case No. 2025 NYSlipOp 01848 [236 AD3d 1271]
Regular Panel Decision
Mar 27, 2025

How Were Death Benefits Handled in Bocanegra vs. Sun-Gro Commodities?

Claimant John Ackerler suffered a work-related back injury in 2012, later amended to include depressive disorder, resulting in a permanent partial disability and 82% loss of wage-earning capacity, entitling him to 450 weeks of indemnity benefits. In December 2022, Ackerler requested an extreme hardship redetermination under Workers' Compensation Law § 35 (3) before his benefits expired. Both a Workers' Compensation Law Judge and the Workers' Compensation Board denied his request, finding he failed to demonstrate extreme hardship. The Appellate Division, Third Department, affirmed the Board's decision, reiterating that extreme hardship requires financial hardship beyond the ordinary and in a very high degree, considering assets, expenses, and household income. The Board found Ackerler's reported income not credible due to lack of specific income from other household members, and identified unnecessary expenses, concluding the denial was supported by substantial evidence.

Extreme Hardship RedeterminationWorkers' Compensation BenefitsPermanent Partial DisabilityLoss of Wage-Earning CapacityFinancial HardshipHousehold IncomeMonthly ExpensesAdministrative AppealAffirmation of DecisionAppellate Review
References
5
Case No. CV-23-0250
Regular Panel Decision
Oct 10, 2024

Can a WCJ Be Disqualified for Appearance of Bias?

Claimant Janice Brown appeals a decision by the Workers' Compensation Board which denied her request for an extreme hardship redetermination under Workers' Compensation Law § 35 (3). Brown was classified with a permanent partial disability in 2014 due to a work-related back injury from 2010. She sought reclassification to permanent total disability, arguing extreme financial hardship as her expenses exceeded her income by $300. The Board and the Appellate Division affirmed the denial, finding that she did not demonstrate "extreme hardship" as defined by statute and judicial precedent, noting her assets like an equity loan and a luxury vehicle lease, and unaccounted expenses.

Extreme hardshipPermanent partial disabilityPermanent total disabilityWage earning capacityIndemnity benefitsWorkers' compensation lawFinancial hardshipReclassificationStatutory interpretationAppellate review
References
10
Case No. 2023 NY Slip Op 00906
Regular Panel Decision
Feb 16, 2023

What Were the Key Rulings in Torrez vs. SuperShuttle?

Charlene Davis, a licensed practical nurse, sustained work-related injuries in 2010, leading to two established workers' compensation claims and a classification of permanent partial disability. Approaching the exhaustion of her indemnity benefits, Davis filed requests for an extreme hardship redetermination to achieve reclassification to permanent total disability. While a Workers' Compensation Law Judge initially granted these requests, the Workers' Compensation Board modified the decision, concluding that Davis failed to demonstrate extreme financial hardship. On appeal, the Appellate Division, Third Department, affirmed the Board's determination. The court found the Board's interpretation of "extreme hardship" to be rational and its decision to deny reclassification supported by substantial evidence, based on a comprehensive review of Davis's assets, income, and monthly expenses.

Workers' Compensation LawExtreme Financial HardshipPermanent Partial DisabilityPermanent Total DisabilityWage-Earning Capacity LossRedetermination RequestStatutory InterpretationAppellate DivisionBoard Decision AffirmationSocial Security Benefits
References
8
Case No. CV-23-2140
Regular Panel Decision
Jul 03, 2025

Why Was Removal Denied in Rush vs. California Correctional Institution?

Claimant Zenia Martin appealed a Workers' Compensation Board (WCB) decision denying her request for an extreme hardship redetermination. Martin, who sustained work injuries in 2010 and was later classified with a permanent partial disability, sought reclassification to a permanent total disability based on extreme financial hardship under Workers' Compensation Law § 35 (3). Initially granted by a WCLJ, the WCB modified the decision, finding she failed to demonstrate extreme hardship. The Appellate Division reversed, concluding that substantial evidence did not support the WCB's finding, as Martin's essential monthly expenses would significantly exceed her income upon the termination of her workers' compensation benefits, making her unable to cover basic necessities. The matter was remitted to the Workers' Compensation Board for further proceedings consistent with the court's decision.

Extreme Hardship RedeterminationPermanent Total Disability ReclassificationFinancial HardshipWorkers' Compensation Board AppealAppellate Division ReviewLoss of Wage-Earning CapacityIndemnity BenefitsSocial Security Disability IncomeAdoption SubsidyMonthly Expenses Deficit
References
12
Case No. 533946
Regular Panel Decision
Oct 06, 2022

What Did the WCAB Clarify in Ontiveros vs. Savers Stores?

Claimant Elliot Vicente, who suffered a work-related accident in May 2007, was initially classified with a permanent partial disability. Nearing the exhaustion of his 475 weeks of indemnity benefits, he sought reclassification due to extreme hardship under Workers' Compensation Law § 35 (3). A Workers' Compensation Law Judge and subsequently the Workers' Compensation Board reclassified him with a permanent total disability, finding he met the extreme hardship criteria. The employer and its carrier appealed, contending insufficient evidence regarding claimant's Social Security disability benefits. The Supreme Court, Appellate Division, Third Judicial Department, affirmed the Board's decision, concluding that substantial evidence supported the finding of extreme hardship given claimant's financial shortfall and inability to obtain new employment.

Workers' CompensationExtreme HardshipPermanent Partial DisabilityPermanent Total DisabilityWage-Earning CapacityIndemnity BenefitsReclassificationSocial Security Disability BenefitsFinancial HardshipAppellate Division
References
4
Case No. 530528
Regular Panel Decision
Nov 18, 2021

Why Was Reconsideration Denied in Gomez vs. Dorothy Stevens?

Claimant Stanley G. Phillips suffered work-related injuries in 2007, leading to a permanent partial disability and capped indemnity benefits. He sought an extreme hardship redetermination under Workers' Compensation Law § 35 (3) and reclassification to permanent total disability due to a change in medical condition. The Workers' Compensation Board denied both requests, finding no extreme financial hardship and ruling C-27 reclassification forms untimely. The Appellate Division, Third Judicial Department, affirmed the Board's denial of the extreme hardship request, citing substantial evidence. However, the court reversed the Board's decision on reclassification, holding that the Board improperly applied timeliness rules under Workers' Compensation Law § 15 (6-a) and remitted the matter for further proceedings to consider all medical evidence. Appeals from reconsideration denials were affirmed for the upheld decisions and dismissed as academic for the reversed decision.

Permanent Partial DisabilityExtreme Hardship RedeterminationReclassification of DisabilityWage-Earning CapacityIndemnity Benefit CapWorkers' Compensation LawMedical Condition ChangeTimeliness of FilingAppellate ReviewWorkers' Compensation Board Decision
References
14
Case No. MISSING
Regular Panel Decision

Why Was Reconsideration Dismissed in Sabino vs. Johnson Pump Company?

The case involves William Garnett, who was charged with operating a motor vehicle while intoxicated and criminal mischief. Following his arraignment, his license was suspended pending prosecution. He applied for a hardship privilege, arguing that as a New York City firefighter, he required a license for his employment. The court, presided over by Judge William Garnett, examined the statutory definition of 'extreme hardship' under the Vehicle and Traffic Law, which requires demonstrating an inability to obtain alternative means of travel to employment. The court found that despite his occupation and claims of needing to drive, the defendant failed to prove extreme hardship, citing the availability of extensive public transportation in New York City. Consequently, the application for a hardship privilege was denied.

DWIDriving While IntoxicatedLicense SuspensionHardship PrivilegeVehicle and Traffic LawExtreme HardshipFirefighterPublic TransportationCriminal MischiefKings County Criminal Court
References
1
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