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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

Di Piazza v. George Campbell Painting Co.

The case involves the appeal of a Workers' Compensation Board decision concerning a decedent's widow. The decedent sustained fatal injuries from electrocution while working for the employer. The Board initially awarded death benefits, temporary total disability, and facial disfigurement, but later rescinded the disability award, upholding the disfigurement. The employer appealed, arguing the disfigurement award was improper without a permanent partial disability finding. The court reversed the Board's decision, finding that the evidence of grave injuries supported total, not partial, disability, making the disfigurement award irrational. The matter was remitted for further proceedings consistent with the court's decision.

Workers' CompensationFacial DisfigurementTemporary Total DisabilityDeath BenefitsConcurrent AwardsAppellate ReviewStatutory InterpretationMedical EvidenceAccidentElectrocution
References
4
Case No. MISSING
Regular Panel Decision
Jun 10, 2005

Claim of Cucci v. Rexer's Tang Soo Do Karate Academy

Claimant sustained a severe neck laceration in December 2001 while at work, resulting in a significant scar. A Workers’ Compensation Law Judge initially denied an award for facial disfigurement, stating the scar was below the jaw. The Workers’ Compensation Board panel modified this, granting a $10,000 award, finding the scar fell within the compensable region under Workers’ Compensation Law § 15 (3) (t) (2). The employer and its carrier appealed, arguing the Board failed to address the impact of the disfigurement on claimant's present or future earning capacity, a statutory requirement for such an award. The appellate court reversed the Board's decision and remitted the matter for further proceedings, citing the absence of findings or inferences regarding impaired earning capacity.

Facial DisfigurementSerious DisfigurementEarning CapacityWorkers' Compensation Law § 15Scar InjuryAppellate ReviewRemittalStatutory InterpretationCompensable InjuryWorkers' Compensation Board
References
3
Case No. MISSING
Regular Panel Decision

Fleming v. Graham

This case addresses whether plaintiff Cedric Fleming's facial injuries, specifically scars on his forehead and right upper eyelid, constitute a "permanent and severe facial disfigurement" under Workers’ Compensation Law § 11, qualifying as a "grave injury." Fleming, an employee of Pinstripes Garment Services, LLC, sustained these injuries in a collision with a school bus. He sued Evergreen Bus Service, Inc., and its driver, who then initiated a third-party action against Pinstripes for indemnity/contribution, claiming Fleming's injuries were "grave." Supreme Court denied Pinstripes' summary judgment motion, but the Appellate Division affirmed, finding factual questions. The Court of Appeals, however, reversed, establishing a standard for "severe facial disfigurement" which requires the injury to greatly alter the face's appearance and be regarded as "abhorrently distressing, highly objectionable, shocking or extremely unsightly" by a reasonable person. Applying this standard, the Court found that Fleming's injuries, despite numerous scars and some permanency, did not meet the "severe" disfigurement threshold, thereby granting Pinstripes' motion for summary judgment.

Workers' Compensation LawGrave InjuryFacial DisfigurementPermanent InjurySevere InjuryThird-Party ActionCommon-Law IndemnityContributionSummary JudgmentAppellate Review
References
16
Case No. MISSING
Regular Panel Decision
Apr 15, 1992

Claim of Clements v. Oneida Ltd.

This case involves an appeal from a Workers' Compensation Board decision, filed April 15, 1992, which found that the claimant did not suffer a serious facial disfigurement. The Board's factual determination, supported by a medical examination indicating no facial disfigurement and ongoing dental care for the injury, was upheld. The court affirmed the decision, finding no merit in the claimant's arguments.

Facial DisfigurementWorkers' CompensationMedical ExaminationBoard DecisionAppealSubstantial EvidenceDental CareInjuryClaimantAffirmed Decision
References
0
Case No. MISSING
Regular Panel Decision

Dietrick v. Kemper Insurance

This declaratory judgment action addresses whether a workers' compensation carrier has a valid lien on third-party settlement proceeds for payments made for permanent partial disability and serious facial disfigurement. The plaintiff, injured in an automobile accident during employment, received workers' compensation benefits and settled a third-party claim. The defendant carrier asserted a lien on the settlement, which the plaintiff contested, arguing these payments constituted first-party benefits upon which no lien could exist. The Special Term ruled in favor of the plaintiff. However, the Appellate Division reversed, holding that payments for permanent partial disability and serious facial disfigurement are not first-party benefits under the No-Fault Insurance Law, and therefore, the carrier has a valid lien.

Workers' Compensation LawDeclaratory JudgmentInsurance LienThird-Party ActionNo-Fault Insurance LawFirst-Party BenefitsPermanent Partial DisabilitySchedule Loss AwardsSerious Facial DisfigurementBasic Economic Loss
References
4
Case No. MISSING
Regular Panel Decision

King Street Patriots v. Texas Democratic Party

This appellate opinion addresses facial challenges to the constitutionality of various provisions within the Texas Election Code, brought by the King Street Patriots and individual appellants against the Texas Democratic Party and its officials. The appellants argued that sections pertaining to private rights of action, corporate contributions, and political committee definitions violated their First, Fourth, Eighth, and Fourteenth Amendment rights, or were unconstitutionally vague or overbroad. The trial court had granted summary judgment for the Texas Democratic Party, upholding the constitutionality of numerous provisions and declining jurisdiction over others. The appellate court affirmed the trial court's judgment, concluding that the challenged Election Code provisions were facially constitutional and concurring with the jurisdictional decisions regarding issues like officeholder definitions and criminal penalties. The court emphasized its adherence to the facial challenge framework, declining to expand prior holdings or consider as-applied challenges.

Election LawConstitutional LawFirst AmendmentFourth AmendmentEighth AmendmentFourteenth AmendmentDue ProcessPolitical ContributionsCampaign FinancePolitical Committees
References
49
Case No. MISSING
Regular Panel Decision

HCA Healthcare Corp. v. Texas Department of Insurance

This case involves HCA Healthcare Corporation and other hospitals (collectively, "the Hospitals") who filed suit for declaratory and injunctive relief against the Texas Department of Insurance, its Division of Workers’ Compensation (DWC), and Commissioner Albert Betts, Jr. The Hospitals sought to reverse 1,406 decisions issued by DWC and challenged the facial constitutionality of former Texas Labor Code § 413.031(k) for allegedly failing to provide a right to a contested case hearing in medical disputes. Texas Mutual Insurance Company also intervened. The trial court initially granted summary judgment for the Hospitals and Texas Mutual on the right to a hearing but denied the Hospitals' request to set aside the 1,406 DWC orders. On appeal, the court affirmed the trial court's denial of the Hospitals' request to set aside the DWC decisions, citing a lack of jurisdiction due to untimely appeals. Furthermore, the court reversed the trial court's declaration that former § 413.031(k) was facially unconstitutional, rendering judgment that the statute is indeed facially constitutional.

Medical Dispute ResolutionWorkers' CompensationTexas Labor CodeFacial ConstitutionalityJudicial ReviewAdministrative Procedure ActSummary JudgmentAppellate CourtDeclaratory ReliefInjunctive Relief
References
16
Case No. MISSING
Regular Panel Decision

Krollman v. Food Automation Service Techniques, Inc.

This case involves an appeal from an order that denied a third-party defendant's motion for summary judgment in a personal injury action. The plaintiff initiated the action against multiple defendants, claiming injuries sustained during employment with the third-party defendant. The third-party defendant argued that the plaintiff's injuries, specifically a facial disfigurement, did not meet the statutory threshold of "grave injury" under Workers’ Compensation Law § 11. The Supreme Court's decision to deny the summary judgment motion was found erroneous because photographic evidence did not depict severe disfigurement, and expert medical opinions are pertinent to permanence but not the severity of disfigurement. Consequently, the appeals court reversed the order, granted the motion for summary judgment, and dismissed the third-party complaint.

Summary JudgmentThird-Party ComplaintPersonal InjuryFacial DisfigurementGrave InjuryWorkers' Compensation LawAppellate ReviewErie CountyMedical EvidenceStatutory Threshold
References
7
Case No. MISSING
Regular Panel Decision

Waldron v. Wild

Daniel J. Waldron sued Michael P. Wild for personal injuries from a May 25, 1980 car accident. Waldron, a passenger, sustained facial lacerations. Wild moved for summary judgment, arguing Waldron's injuries were not 'serious' under Insurance Law § 671, subdivision 4, lacking 'significant disfigurement.' Special Term granted the motion, dismissing the complaint. Waldron appealed, asserting his half-centimeter forehead scar and nasal prominence constituted significant disfigurement. The appellate court examined medical reports and the definition of 'significant disfigurement,' noting it's a factual issue often requiring visual assessment. The court adopted a jury instruction defining it as a condition a reasonable person would find unattractive, objectionable, or pitiable. Concluding that Waldron demonstrated a triable issue of fact, the appellate court reversed Special Term's decision, denying the summary judgment motion.

NegligencePersonal InjuryCar AccidentFacial InjuriesSignificant DisfigurementNo-Fault LawSummary JudgmentAppellate ReviewMedical EvidenceScarring
References
13
Case No. MISSING
Regular Panel Decision
Feb 15, 1996

Chambers v. City of Ogdensburg

The State Insurance Fund appealed an order from St. Lawrence County Supreme Court denying its request for a full lien on the settlement proceeds received by Timothy J. Cooke, a 12-year-old paperboy. Cooke had received $14,000 from the Fund for permanent facial scars sustained after being struck by a police car, and subsequently settled a third-party personal injury action. The Supreme Court ruled, based on Dietrich v Kemper Ins. Co., that the settlement funds for facial scars constituted compensation for basic economic loss and were therefore exempt from a Workers’ Compensation Law lien. The appellate court affirmed this decision, finding the Fund's appeal timely and agreeing that the compensation for facial disfigurement was equivalent to basic economic loss. Additionally, the court rejected the Fund's argument for a partial lien against amounts exceeding a statutory no-fault cap, determining the lump-sum payment remained within monthly limits when distributed over 36 months.

Workers' CompensationLien EnforcementThird-Party ActionPersonal InjuryFacial ScarsNo-Fault BenefitsBasic Economic LossStatutory InterpretationAppellate AffirmationState Insurance Fund
References
3
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