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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
Dec 30, 2015

Matter of Curcio v. Sherwood 370 Management LLC

The claimant, a building engineer, sustained a work-related back and neck injury, initially classified as a permanent total disability by a Workers' Compensation Law Judge (WCLJ) with awarded counsel fees. The Workers' Compensation Board (Board) modified this, finding a permanent partial disability with a 90% loss of wage-earning capacity and reduced counsel fees due to an improperly completed application. The appellate court affirmed the Board's decision, citing substantial medical evidence supporting a partial disability and a 90% loss of wage-earning capacity based on the claimant's age, education, work history, and functional abilities. The court also upheld the reduction of counsel fees due to the attorney's failure to accurately complete the required fee application form.

Permanent Partial DisabilityWage-Earning Capacity LossWorkers' Compensation BenefitsCounsel FeesMedical EvidenceVocational FactorsOC-400.1 ApplicationAdministrative AppealAppellate DivisionMedical Impairment Guidelines
References
12
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 Griffo v. Onondaga Hill Volunteer Fire Department

Claimant, a volunteer firefighter, sustained two work-related injuries: a back injury in February 1988 and head, neck, and upper back injuries in April 1990. Despite a classification of permanent partial disability by the Workers’ Compensation Board, the Board ruled that the claimant did not suffer a loss of earning capacity under Volunteer Firefighters’ Benefit Law § 3 (8). The claimant appealed this decision. The appellate court affirmed the Board's decision, noting that the claimant returned to his regular job duties after both accidents and that any subsequently imposed restrictions did not prevent him from performing his usual work. The court also clarified that being denied opportunities for advancement is not relevant to a loss of earning capacity under the applicable law.

Workers' CompensationVolunteer FirefighterEarning CapacityPermanent Partial DisabilityBack InjuryHead InjuryNeck InjuryUpper Back InjuryChiropractic CareEmployment Restrictions
References
4
Case No. MISSING
Regular Panel Decision

Claim of Frey v. Town of Newstead

This case concerns an appeal from a Workers' Compensation Board decision that awarded benefits to a volunteer firefighter, the claimant, for a causally related loss of earning capacity under the Volunteer Firefighters’ Benefit Law. The claimant was injured in a motor vehicle accident while on duty for the Town of Newstead. A Workers' Compensation Law Judge initially determined a permanent partial disability with a 50% to 75% loss of earning capacity, which the Board affirmed. The employer, Town of Newstead, appealed, arguing a lack of substantial evidence. The appellate court reversed the Board's decision, citing that the claimant's treating physician released her to 'regular duty' with only minor restrictions, and her earnings had increased in the same job since the accident. The matter was remitted to the Workers’ Compensation Board for further proceedings.

Volunteer Firefighters' Benefit LawEarning Capacity AssessmentPermanent Partial DisabilityAppellate Court ReversalRemittal to BoardWorkers' Compensation Board DecisionMedical Opinion EvidenceEmployment RestrictionsWage Increase EffectLine of Duty Injury
References
3
Case No. MISSING
Regular Panel Decision

Claim of Martone v. Niagara Frontier Transportation Authority-Metro

In 2005 and 2007, a bus driver (claimant) suffered work-related neck and back injuries. Initially, a Workers’ Compensation Law Judge found him permanently totally disabled. However, the Workers’ Compensation Board modified this, determining he had a permanent partial disability with a 75% loss of wage-earning capacity based on medical evidence and other factors. The claimant appealed this decision, arguing a lack of substantial evidence for the partial disability finding. The Appellate Division affirmed the Board's decision, noting medical reports indicating submaximal efforts, high medication dosages, symptom magnification, and the ability to ambulate, which supported the finding of partial disability. The court also upheld the 75% loss of wage-earning capacity, finding it supported by substantial evidence after considering the claimant's impairment, work restrictions, age, education, and work experience.

Permanent Partial DisabilityWage-Earning CapacityChronic Pain SyndromeLumbar Spine SurgeryMedical EvidenceSubmaximal EffortsSymptom MagnificationAppellate ReviewBoard DecisionMedical Treatment Guidelines
References
2
Case No. MISSING
Regular Panel Decision

Matter of Paez v. Lackman Culinary Services

Claimant, an immigrant, injured his lower back while working as a food service worker in 2010. His workers' compensation claim was established, leading to surgery in 2012 for a herniated disc. Despite surgery, he continued to experience pain and was unable to return to his job. A WCLJ determined he had a permanent partial disability and an 80% loss of wage-earning capacity, which was affirmed by the Workers' Compensation Board. Claimant appealed, arguing the Board failed to consider total industrial disability, an issue he had raised before the WCLJ. The appellate court found that the Board did err by not addressing the total industrial disability claim and remitted the matter for further proceedings, as total industrial disability can have a more favorable outcome than loss of wage-earning capacity.

Permanent Partial DisabilityWage-Earning CapacityTotal Industrial DisabilityLumbar DiscectomyLaminectomyMedical ExaminationRemittalAppellate ReviewBack InjuryFood Service Worker
References
4
Case No. MISSING
Regular Panel Decision
Dec 31, 2015

Drake v. SRC, Inc.

The claimant appealed a Workers’ Compensation Board decision from December 31, 2015, which ruled he sustained a permanent partial disability and a 15% loss of wage-earning capacity after a December 2010 work injury. The claimant argued for a 32% loss of wage-earning capacity, which would extend benefit duration, based on post-injury wages. The court affirmed the Board's decision, distinguishing between calculating loss of wage-earning capacity for benefit duration based on vocational factors and wage-earning capacity based on actual earnings. It found substantial evidence supported the 15% loss of wage-earning capacity, considering the claimant's functional abilities, impairment severity, age, education, and language proficiency.

Permanent Partial DisabilityLoss of Wage-Earning CapacityWorkers' Compensation BenefitsVocational FactorsAppellate ReviewSubstantial EvidenceBenefit DurationWork InjuryNeck InjuryBack Injury
References
10
Case No. MISSING
Regular Panel Decision

Matter of Smith v. New York City Housing Authority

The Workers’ Compensation Board initially ruled that the claimant sustained a permanent partial disability with a 90% loss of wage-earning capacity and awarded $4,300 in counsel fees. Upon review, the Board modified the decision, reducing the loss of wage-earning capacity to 60% and counsel fees to $3,400. This appeal addresses the reduction in wage-earning capacity and counsel fees. The court affirmed the Board's determination of a 60% loss of wage-earning capacity, finding it supported by substantial evidence including medical testimony from Dr. Alan Zimmerman, functional abilities, age, education, and work experience. However, the court reversed the reduction in counsel fees, remitting the matter to the Board for further findings due to the lack of rationale for the modification.

Permanent Partial DisabilityWage-Earning CapacityCounsel FeesWorkers' Compensation LawMedical ImpairmentOrthopedic SurgeonLumbar Spine InjuryLeft Ankle InjurySchedule Loss of UseAppellate Review
References
8
Case No. MISSING
Regular Panel Decision
Dec 14, 2017

Claim of King v. Riccelli Enterprises

Claimant Laurence King, a truck driver, sustained neck and back injuries in April 2013 and filed for workers' compensation benefits. Initially, the Workers' Compensation Board ruled he voluntarily withdrew from the labor market after being laid off in November 2013. A WCLJ later found reattachment to the labor market and awarded benefits with an 81% loss of wage-earning capacity. On review, the Board rescinded the reattachment finding and determined a permanent partial disability with a 50% loss of wage-earning capacity. The Appellate Division, Third Department, affirmed the Board's finding of no reattachment to the labor market due to insufficient job search efforts. However, the court reversed the Board's finding of a 50% loss of wage-earning capacity, concluding it was not supported by substantial medical evidence regarding functional ability and loss, and remitted the matter for further proceedings.

Workers' CompensationPermanent Partial DisabilityLoss of Wage-Earning CapacityLabor Market AttachmentIndependent Medical ExaminationTreating Physician ReportAppellate ReviewRemandSubstantial EvidenceVocational Factors
References
11
Case No. 2017 NY Slip Op 04343
Regular Panel Decision
Jun 01, 2017

Claim of Villalobos v. RNC Industries LLC

The claimant sustained a work-related injury in 2012 after falling from a ladder, affecting his head, neck, and back. A Workers' Compensation Law Judge initially determined a 73.5% loss of wage-earning capacity and found the claimant had reattached to the labor market. However, the Workers' Compensation Board subsequently reversed this decision, concluding that the claimant was not attached to the labor market and reduced his loss of wage-earning capacity to 40%. On appeal, the Appellate Division, Third Department, affirmed the Board's decision, deferring to its assessment of the claimant's credibility regarding his job search efforts. The court also found substantial evidence supported the 40% loss of wage-earning capacity, considering the independent medical examiner's report, claimant's functional abilities, age, work history, education, and language proficiency.

Workers' CompensationLoss of Wage-Earning CapacityAttachment to Labor MarketPermanent Partial DisabilityMedical ImpairmentCredibility AssessmentSubstantial EvidenceAppellate ReviewVocational RehabilitationJob Search
References
8
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