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

Case No. MISSING
Regular Panel Decision
Jan 28, 2008

Balzer v. City of New York

The plaintiff, an ironworker, was injured after falling approximately 15 feet while working at a construction site involving the Whitestone Expressway. The accident occurred when a "cross bracing stiffener" to which his lanyard was attached moved, causing him to fall and fracture his pelvis. He commenced an action against the general contractors, alleging a violation of Labor Law § 240 (1). The Supreme Court, Queens County, granted the plaintiff's motion for summary judgment on the issue of liability. The appellate court affirmed the Supreme Court's order, holding that Labor Law § 240 (1) imposes liability on owners and contractors for failing to provide adequate safety devices, and the plaintiff's contributory fault is not a defense unless it is the sole proximate cause of the accident.

Construction site injuryElevation-related hazardScaffolding LawProximate causeContributory faultAppellate decisionSafety equipment failureIronworker injuryPersonal injuryGeneral contractor liability
References
8
Case No. ADJ12427109
Regular
Apr 04, 2023

RICHARD ADAMS vs. MR. PLASTICS, INC., EMPLOYERS ASSURANCE COMPANY

This case involves a defendant's petition for reconsideration of a workers' compensation award finding an industrial injury to the applicant's right hand. The applicant claimed a fracture occurred while operating a machine, though medical records initially focused on a non-industrial injury from a ladder. Crucially, a Qualified Medical Examiner (QME) opined the fracture was consistent with the applicant's described work mechanism. The Board denied reconsideration, adopting the WCJ's reasoning which prioritized the QME's opinion and medical records documenting the fracture prior to termination, over the defendant's arguments regarding proof of injury and temporary disability.

Petition for ReconsiderationIndustrial InjuryTemporary DisabilityMachine OperatorRight Hand InjuryScaphoid FractureAOE/COEContemporaneous Medical RecordsQualified Medical Examiner (QME)Dr. Roland
References
0
Case No. MISSING
Regular Panel Decision
May 11, 1990

Claim of Johnson v. New York City Board of Education

This case involves an appeal from a decision and an amended decision of the Workers’ Compensation Board. The Board had ruled that the claimant sustained a consequential injury and subsequently restored the case to the trial calendar. The appellate court affirmed the Board's decision, finding that the claimant's physician's testimony, despite some lack of clarity, met the requirement of signifying a probability as to the cause of the injury and was supported by a rational basis. Specifically, the determination that the claimant’s left ankle fracture was a consequence of an earlier work-related ankle fracture, which left the ankle in a weakened condition, was supported by substantial evidence.

Workers' CompensationAppealConsequential InjuryAnkle FractureMedical EvidencePhysician TestimonySubstantial EvidenceAppellate AffirmationWork-Related InjuryMedical Causation
References
3
Case No. MISSING
Regular Panel Decision

Park v. City of New York

In a personal injury action arising from a construction site accident, the Supreme Court, New York County, initially reduced a jury's award for past pain and suffering from $1,500,000 to $600,000. On appeal, the order was unanimously modified by the Appellate Division. The appellate court further directed a new trial on future pain and suffering unless the plaintiff agreed to a reduction of the award from $800,000 to $400,000. The decision was based on a comparison to similar cases involving comminuted elbow/arm fractures, multiple surgeries, and permanent limitations, while noting the plaintiff's non-dominant wrist fracture added little value as it resolved without surgery.

Personal InjuryConstruction Site AccidentDamagesPain and SufferingJury Award ReductionAppellate ReviewFractureElbow InjuryWrist InjuryStipulation
References
5
Case No. CA 13-02156
Regular Panel Decision
Jun 20, 2014

CLAYPOOLE, CHRISTINA v. TWIN CITY AMBULANCE CORP.

Plaintiffs Christina and Joseph Claypoole brought a personal injury action against Twin City Ambulance Corp., alleging negligence by defendant's employees resulted in Christina sustaining a hip fracture during ambulance transport. Defendant sought summary judgment, denying negligence and lack of causation. The Supreme Court denied the motion, leading to defendant's appeal. The Appellate Division affirmed the lower court's decision, concluding that the doctrine of res ipsa loquitur was applicable. The court found that the evidence, including Christina being unconscious and in defendant's exclusive custody when she sustained the fracture, raised triable issues of fact regarding defendant's negligence, thus properly denying the summary judgment motion.

Personal InjuryNegligenceAmbulanceHip FractureRes Ipsa LoquiturSummary JudgmentAppellate ReviewExclusive ControlProximate CauseMedical Transport
References
13
Case No. 534831
Regular Panel Decision
Oct 12, 2023

In the Matter of the Claim of Susan Zuhlke

Susan Zuhlke appealed two decisions by the Workers' Compensation Board concerning a schedule loss of use (SLU) award for her right leg injuries. Zuhlke, a teacher, suffered right ankle and knee/tibia fractures in October 2018, later including fibular neuropathy. While a 25.8% SLU for her right foot was stipulated, a dispute arose over the right knee, with the Board ultimately affirming a 15% SLU based on the carrier's medical consultant's opinion and denial of reconsideration. The Appellate Division affirmed the Board's determination, finding substantial evidence supported the 15% SLU award for the right knee, consistent with impairment guidelines and prior Board decisions regarding tibial plateau fractures.

Workers' CompensationSchedule Loss of UseSLURight Leg InjuryTibial Plateau FractureFibular NeuropathyMaximum Medical ImprovementImpairment GuidelinesMedical OpinionsAppellate Review
References
9
Case No. MISSING
Regular Panel Decision
May 13, 2013

Claypoole v. Twin City Ambulance Corp.

Plaintiffs, including Christina Claypoole, initiated a personal injury action against an unnamed defendant, alleging negligence during Claypoole's ambulance transport which led to a hip fracture. The defendant sought summary judgment to dismiss the complaint, asserting a lack of negligence and evidence of injury under their care. The Supreme Court denied this motion, prompting the defendant's appeal. The appellate court affirmed the lower court's decision, concluding that the doctrine of res ipsa loquitur was applicable based on the defendant's own submissions, thereby establishing triable issues of fact concerning negligence. The evidence indicated that Claypoole, while unconscious and in the exclusive custody of the defendant, sustained a hip fracture, and experienced pain only after being in the ambulance, reinforcing the applicability of res ipsa loquitur.

Personal InjuryNegligenceRes Ipsa LoquiturSummary JudgmentAmbulance TransportHip FractureAppellate ReviewExclusive ControlTriable Issues of FactProximate Cause
References
9
Case No. MISSING
Regular Panel Decision

In re Jeffrey D.

Petitioner filed a petition under Family Court Act article 10, alleging child abuse and neglect of respondents' three-month-old son, Jeffrey. Initial allegations involved scalding and bruises, later supplemented with claims of numerous fractured ribs following further medical examinations. The Family Court found no abuse but adjudicated the child neglected. The mother appealed, but the Appellate Court rejected the mootness argument, citing the permanent stigma of a neglect adjudication. Based on expert medical testimony from Dr. Louise Godine, who identified nine fractured ribs indicative of forceful squeezing and determined the injuries predated the scalding, the Appellate Court affirmed the Family Court's finding. The court noted the parents' failure to provide a reasonable explanation for the injuries, allowing for strong adverse inferences.

Child Neglect AdjudicationFamily Court Act Article 10Infant Rib FracturesScalding InjuriesMedical Expert TestimonyPreponderance of Evidence StandardMootness Doctrine ApplicationParental Explanations DiscreditedAdverse InferencesAppellate Affirmation
References
9
Case No. MISSING
Regular Panel Decision

Barcacel v. City of Yonkers

The plaintiff, who reported feeling dizzy and nauseous, was struck by a police vehicle in Yonkers, Westchester County, on August 29, 2013, suffering a fractured right hand and other injuries. The police officer, Bracken, driving an emergency services truck during an emergency response, made a left turn into a driveway and did not see the plaintiff, only hearing screams from under the truck. Police reports attributed the crash to "human error/confusion on the part of the pedestrian" and acknowledged it was avoidable by both the pedestrian and the driver. The court analyzed whether the "reckless disregard" standard (Vehicle and Traffic Law § 1104 (e)) or "ordinary negligence" applies, concluding that ordinary negligence governs the driver's failure to observe the plaintiff. The court found that while serious injury was established due to the fracture, issues of fact remain regarding the defendants' negligence, leading to the denial of both the plaintiff's motion for summary judgment on liability and the defendants' motion for summary judgment.

Summary JudgmentNegligenceRecklessness StandardEmergency Vehicle OperationPolice MisconductPersonal InjuryFracture InjuryPedestrian AccidentVehicle and Traffic LawCPLR
References
14
Case No. VNO 0530198
Regular
Sep 20, 2007

MAY OLIVEROS vs. WB TELEVISION PRODUCTION, INC., WARNER BROS.

This Workers' Compensation Appeals Board case concerns an applicant who sustained an industrial injury to her left foot, resulting in a fracture. The Board granted reconsideration after the applicant's employer contested a 2% permanent disability award. Ultimately, the Board amended the award to zero percent permanent disability, finding no evidence to support the likelihood of future disability.

May OliverosWB Television ProductionWarner Bros.VNO 0530198Opinion and Decision After Reconsiderationpermanent disabilityzero percentindustrial injuryleft footfifth metatarsal fracture
References
0
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