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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

Claim of Andujar v. More Candy Co.

This case concerns an appeal from a Workmen’s Compensation Board decision regarding the calculation of a claimant’s average weekly wage following a compensable accident on September 14, 1971. The claimant, a four-day, 10-hour-per-day worker since December 15, 1970, had their average weekly wage computed using a 260 multiple under Section 14 of the Workmen’s Compensation Law, with the Board affirming the Referee’s decision based on the claimant being a 'full-time worker'. The appellate court found that subdivisions 1 and 2 of Section 14 could not apply as they are restricted to five-day workers, and that only subdivision 3 was applicable. The court determined that using a 260 multiple merely because the claimant was a 'full-time worker' lacked statutory basis and support in the record. Consequently, the decision was reversed and the matter remitted to the Workmen’s Compensation Board for proper computation of a multiple pursuant to subdivision 3, recognizing the claimant's status as a four-day worker to ensure compensation reflects their true wage-earning capacity.

Workers' Compensation LawAverage Weekly WageWage Calculation260 MultipleFour-Day Work WeekFull-Time WorkerStatutory InterpretationSubstantial EvidenceRemittalAppellate Review
References
0
Case No. MISSING
Regular Panel Decision
Jun 22, 2015

Claim of Barrett v. New York City Department of Transportation

The case involves an appeal from a Workers’ Compensation Board decision regarding a claimant injured in a 2011 work-related motor vehicle accident. A WCLJ classified the claimant with a permanent partial disability and a 25% loss of wage-earning capacity, ruling that he would be entitled to 250 weeks of benefits if his full wages ceased. The Board affirmed this, leading the employer to appeal, arguing that the claimant's current full wages meant a 100% wage-earning capacity, rendering the 25% loss finding unlawful. The court affirmed the Board’s decision, distinguishing between 'loss of wage-earning capacity' (fixed, for benefit duration) and 'wage-earning capacity' (fluctuating, for weekly rates).

Workers' CompensationPermanent Partial DisabilityWage-Earning CapacityLoss of Wage-Earning CapacityBenefit DurationAppellate ReviewStatutory InterpretationMotor Vehicle AccidentNew York Workers' Compensation BoardDisability Classification
References
2
Case No. MISSING
Regular Panel Decision

Claim of Jones v. Chevrolet-Tonawanda Division, GMC

This case involves appeals from two decisions by the Workers’ Compensation Board concerning a self-insured employer’s entitlement to credit for holiday wages paid to disabled employees. Claimants Hanks and Jones were injured during employment, resulting in lost time, including holidays. The employer paid them compensation for lost time but also provided full wages for holidays as per collective bargaining agreements, subsequently seeking reimbursement under Workers’ Compensation Law § 25 (4)(a). The Board denied these reimbursement requests, stating that holiday pay was a contractual right and not intended to be in lieu of compensation. The appellate court reversed the Board’s decisions, ruling that denying reimbursement would lead to claimants receiving both full wages and compensation for the holidays, creating an imbalance. Therefore, the employer is entitled to reimbursement, and the matters are remitted to the Workers’ Compensation Board for further proceedings consistent with this decision.

Workers' CompensationHoliday PayReimbursementCollective Bargaining AgreementDisabled EmployeesLost WagesSelf-Insured EmployerAppellate ReviewBoard Decision ReversalStatutory Interpretation
References
2
Case No. MISSING
Regular Panel Decision
Oct 26, 2015

Matter of Newbill v. Town of Hempstead

Claimant, a sanitation crew chief, injured his right ankle and foot at work and was awarded disability benefits. His self-insured employer paid his full weekly wages during a period of disability and timely sought reimbursement for these advanced payments. A Workers’ Compensation Law Judge granted the employer's reimbursement request against a 20% schedule loss of use award for the right foot. The Board affirmed this decision, and the claimant appealed, arguing that reimbursement should not cover periods where no compensation awards were initially made. The court affirmed the Board's decision, reiterating that an employer is entitled to full reimbursement from a schedule loss of use award for advanced wages paid during disability, as schedule awards are not allocable to specific periods of lost work.

Schedule Loss of UseReimbursementAdvanced Wage PaymentsDisability BenefitsEmployer RightsAppellate ReviewWorkers’ Compensation BoardStatutory InterpretationPermanent Partial DisabilityTimely Claim
References
10
Case No. 2023 NY Slip Op 00704 [213 AD3d 1050]
Regular Panel Decision
Feb 09, 2023

Matter of Paka (Same Day Delivery Inc.--Commissioner of Labor)

The case involves Jacques Paka, a delivery driver, who applied for unemployment insurance benefits after working for Same Day Delivery Inc. The Department of Labor initially determined Paka was an employee, making Same Day liable for contributions. The Unemployment Insurance Appeal Board initially overruled this, finding Paka to be an independent contractor. However, upon reconsideration requested by the Commissioner of Labor, the Board rescinded its prior decision and sustained the Department's original determination, finding an employment relationship. The Appellate Division, Third Department, affirmed the Board's decision, rejecting Same Day's arguments against the reopening of the case and finding substantial evidence to support the Board's conclusion that Same Day exercised sufficient control over Paka to establish an employment relationship. The Court also affirmed that these findings apply to similarly situated individuals.

Unemployment InsuranceIndependent ContractorEmployment RelationshipControl TestAppellate ReviewUnemployment Insurance Appeal BoardLabor LawUnemployment BenefitsDelivery DriverSubstantial Evidence
References
11
Case No. MISSING
Regular Panel Decision
Feb 19, 1997

Till v. Chautauqua Opportunities, Inc.

The claimant, a private preschool teacher, suffered a compensable injury. The Workers’ Compensation Board calculated her average weekly wage based on Workers’ Compensation Law § 14 (1), asserting she worked “substantially the whole of the year” despite her 41-week annual employment. The employer contended this was irrational, arguing that predictable seasonal layoffs should be factored into the annual earnings calculation, preventing her from receiving benefits equivalent to a full-time, full-year employee. The court agreed, holding that the formula in Workers’ Compensation Law § 14 (1) was inapplicable when seasonal layoffs are a known incident of employment. Therefore, the average weekly wage should be calculated under subdivisions (3) and (4) of Workers’ Compensation Law § 14. The Board's decision was reversed, and the matter remitted for further proceedings consistent with the court's ruling.

Workers' CompensationAverage Weekly WageSeasonal EmploymentRemittiturStatutory InterpretationSection 14Appellate DivisionWage CalculationEmployment DurationBoard Decision Reversal
References
6
Case No. MISSING
Regular Panel Decision
May 04, 2009

Claim of Monteleone v. Town of North Castle

Claimant injured their shoulder in 2005, leading to a workers' compensation claim. A 2008 stipulation established a 25% schedule loss of use of the right arm, entitling the claimant to a $31,200 award. The self-insured employer was to be reimbursed $11,380.86 for 46 days of full wages paid during the disability period. Although a Workers' Compensation Law Judge initially reduced the reimbursement, the Workers’ Compensation Board rescinded this modification, reinstating the original reimbursement amount. The Board's decision was affirmed on appeal, based on a collective bargaining agreement requiring the employer to pay full wages without deducting leave accruals.

Workers' CompensationWage ReimbursementSchedule Loss of UseDisability BenefitsEmployer ReimbursementCollective Bargaining AgreementStipulationAppellate ReviewBoard DecisionShoulder Injury
References
3
Case No. MISSING
Regular Panel Decision

Claim of Barnard v. John Mezzalingua Associates, Inc.

The claimant sustained work-related injuries to both hands in 2004 and applied for workers’ compensation benefits. Initially, a Workers’ Compensation Law Judge set the average weekly wage at $447.10 using a 260-multiple. The employer appealed, arguing for a lower wage based on actual earnings. The Workers’ Compensation Board subsequently determined a miscalculation occurred and established the average weekly wage at $343.92, applying a 200-multiple under Workers’ Compensation Law § 14 (3) because the claimant did not work substantially the whole year. The Appellate Division affirmed the Board's decision, finding the 200-multiple accurately reflected the claimant's earning capacity, as she was a full-time employee who did not voluntarily limit her availability.

Workers' CompensationAverage Weekly WageWage CalculationSection 14MultiplierEarning CapacityAppellate ReviewBoard DecisionOccupational DiseaseNew York
References
5
Case No. MISSING
Regular Panel Decision

Claim of Kellish v. Kellish Tire Sales, Inc.

The claimant, who suffered a work-related injury in 1999, applied for workers' compensation benefits in 2001. The Workers' Compensation Board initially set his average weekly wage at $126, which was based on his part-time employment where he worked one day a week and received $126 plus health insurance. The claimant appealed, arguing that his average weekly wage should be calculated under Workers’ Compensation Law § 14 (3) and that health insurance payments should be included. The Workers' Compensation Board affirmed the initial finding. The Supreme Court, Appellate Division, Third Department, affirmed the Board's decision, concluding that there was substantial evidence that the claimant voluntarily limited his work availability. The court also held that health insurance payments are not part of the definition of wages under Workers’ Compensation Law § 2 (9).

Workers' CompensationAverage Weekly WagePart-time EmploymentVoluntary LimitationHealth InsuranceWage CalculationAppellate ReviewNew York LawStatutory InterpretationWorkers’ Compensation Law § 14
References
5
Case No. MISSING
Regular Panel Decision

Claim of Whittaker v. Central Square Central School District

The claimant appealed the Workers’ Compensation Board's calculation of his average weekly wage following a work-related injury to his right elbow and hand. The Board used a 200 multiplier under Workers’ Compensation Law § 14 (3), which the claimant contended did not accurately reflect his annual salary as a school bus driver working 10 months a year. The court found that applying a 200 multiplier, although a minimum, was erroneous as it did not rationally correspond to the claimant's actual work days and resulted in an average weekly wage that was not fair or reasonable. Therefore, the court reversed the Board's decision and remitted the case back to the Workers’ Compensation Board for further proceedings consistent with its ruling.

Average Weekly WageWorkers' Compensation Law200 MultiplierAnnual Salary CalculationSchool Bus DriverWork-Related InjuryJudicial ReviewError in CalculationRemittal
References
1
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