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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

Claim of Roller v. Lehigh Portland Cement Co.

The court granted a motion to dismiss an appeal, finding the board's decision to deny applications to reopen three cases and restore two active cases to the referee calendar to be interlocutory and thus not appealable under Workers’ Compensation Law, § 23. The court also noted that the board's decision did not preclude the parties from litigating the effect of previous injuries on the claimant’s overall disability in the active cases. Furthermore, the decision appealed from can be reviewed later on an appeal from a final decision of the board.

appeal dismissalinterlocutory decisionworkers' compensation lawreopening casesreferee calendarappealabilityfinal decision reviewclaimant disabilityprocedural lawjudicial panel decision
References
0
Case No. MISSING
Regular Panel Decision

Matter of Bellantoni v. City of New York School Food and Nutrition Services

Claimant applied for workers' compensation benefits in 2011, alleging a work-related shoulder injury in 2009. The employer controverted the claim but failed to file a timely prehearing conference statement or demonstrate good cause for delay, leading the Workers' Compensation Board to rule that the employer waived its defenses. The employer appealed this interlocutory decision. The Appellate Division dismissed the appeal, holding that an interlocutory decision that does not dispose of all substantive issues is not appealable, and the employer could appeal from the Board's final decision if necessary.

Workers' Compensation AppealInterlocutory DecisionWaiver of DefenseTimely Notice of InjuryPrehearing Conference StatementAppellate JurisdictionProcedural Dismissal
References
8
Case No. ADJ1130717 (LAO 0793991)
Regular
May 02, 2013

CLAUDIA DIAZ vs. PROSPECT MANOR, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION

The Workers' Compensation Appeals Board granted reconsideration of the WCJ's prior decision. The Board rescinded that decision and returned the case to the trial level for further proceedings. This is an interlocutory order, not a final decision on the merits. Parties retain the right to seek reconsideration of the new decision.

Workers' Compensation Appeals BoardProspect ManorCalifornia Insurance Guarantee AssociationADJ1130717LAO 0793991Opinion and Order Granting ReconsiderationDecision After ReconsiderationPetition for ReconsiderationWorkers' Compensation Administrative Law JudgeRescinded
References
0
Case No. MISSING
Regular Panel Decision
Mar 14, 2013

Claim of DePascale v. Magazine Distributors, Inc.

The claimant applied for workers’ compensation benefits, alleging that extraskeletal myxoid chondrosarcoma developed due to exposure to toxic substances at the employer's former nuclear fuel rod facility. The Workers’ Compensation Board initially reversed a WCLJ decision, finding insufficient evidence of a causal link. Later, the Board granted the claimant's request to consider new medical evidence, rescinded the WCLJ’s decision, and remitted the matter for a new determination. The employer and its workers’ compensation carrier appealed these Board decisions and the subsequent denial of their request for reconsideration. The Appellate Division dismissed the appeals, deeming the Board’s decisions interlocutory and not final, thus not subject to piecemeal review.

Workers' CompensationCancerToxic ExposureCausal RelationshipMedical EvidenceInterlocutory AppealAppeal DismissalRemittalBoard ReviewNew York Appellate Division
References
4
Case No. MISSING
Regular Panel Decision
Mar 04, 1992

Claim of Green v. Brand Mid-Atlantic, Inc.

This case concerns an appeal from a Workers' Compensation Board decision filed on March 4, 1992. The Board had ruled that the claimant's case should be restored to the trial calendar and that disability payments should continue. The employer challenged this decision, arguing it was arbitrary and capricious. However, the appellate court determined that the Board's decision was interlocutory and did not involve a threshold legal issue, thus making it non-appealable. Consequently, the appeal was dismissed without costs.

Workers' CompensationAppeal DismissedInterlocutory DecisionDisability BenefitsTrial CalendarMedical TestimonyAppellate ReviewEmployer AppealClaimant RightsJudicial Concurrence
References
0
Case No. MISSING
Regular Panel Decision
Aug 18, 2005

Wilson v. Roselli Moving & Storage Corp.

The claimant's case for compensable injuries was established, and benefits were received. A discrimination complaint under Workers' Compensation Law § 120 was filed by the claimant, alleging constructive discharge. A Workers' Compensation Law Judge denied the complaint, but the Workers' Compensation Board later rescinded this decision and restored the case for further development of the record. The employer appealed this interlocutory decision. The court dismissed the appeal, noting that the Board's decision was not final and therefore not appealable at this stage.

Workers' CompensationDiscrimination ComplaintConstructive DischargeInterlocutory AppealAppeal DismissedProcedural IssueWorkers' Compensation BoardTrial CalendarRecord DevelopmentFinal Decision
References
4
Case No. MISSING
Regular Panel Decision
Jan 19, 1996

Claim of Palmer v. Mowers

This appeal concerned a decision by the Workers’ Compensation Board to restore a case to the trial calendar for further record development. The Board had modified a Workers’ Compensation Law Judge's decision by rescinding an order for the State Insurance Fund to pay chiropractor Howard T. Mowers' bills, including interest and penalties. The case was sent back to determine if Mowers' bills complied with the relevant fee schedule and whether penalty calculations were correct. The court ruled that the Board's decision was interlocutory, addressing neither substantive nor threshold legal issues, rendering it nonappealable. Consequently, the appeal was dismissed without costs.

Appeal DismissedInterlocutory DecisionNonappealable RulingChiropractic ServicesMedical BillingFee Schedule CompliancePenalty CalculationTrial CalendarRecord DevelopmentState Insurance Fund
References
1
Case No. MISSING
Regular Panel Decision

Claim of Hosler v. Smallman

Claimant filed a claim for workers' compensation benefits alleging a back injury from a 2007 fall while working for James and Susan Smallman. The Workers’ Compensation Board (WCB) rescinded an initial decision by the Workers’ Compensation Law Judge (WCLJ) that awarded benefits, citing insufficient proof regarding claimant's work hours and employee status, and remitted the case for further development. The Smallmans and their insurer, New York Central Mutual Insurance Company (NYCMIC), appealed this WCB decision. The Appellate Division dismissed the appeal, ruling that the Board's decision was interlocutory and therefore not appealable at this stage. The court also affirmed the Board's authority to review stipulations regarding coverage, even if initially uncontested.

Workers' CompensationInterlocutory AppealEmployer-Employee RelationshipScope of EmploymentBoard Review PowerStipulationAppellate JurisdictionRemittalFactual IssueRescinded Decision
References
7
Case No. MISSING
Regular Panel Decision

Claim of Sawyer v. Orange Motors

This case involves an appeal from a Workers’ Compensation Board decision regarding reduced earnings benefits for a claimant. The claimant, who sustained work-related injuries in 1990 and 1991, started his own business and sought reduced earnings benefits from the State Insurance Fund. A Workers’ Compensation Law Judge initially ruled in the claimant's favor, but the Board later rescinded this decision. The Board held that only "necessary/mandatory" expenses could be deducted from gross earnings when calculating reduced earnings benefits, excluding "optional/elective" expenses. The case was restored to the trial calendar for further development, prompting the claimant's appeal. The appellate court, however, dismissed the appeal, ruling that the Board's decision was interlocutory and therefore not a proper subject for appeal at this stage.

Workers' CompensationReduced Earnings BenefitsInterlocutory AppealAppellate ProcedureBoard Decision RescissionExpense DeductionsWork-Related InjuryState Insurance FundTrial Calendar RestorationFinality of Order
References
7
Case No. MISSING
Regular Panel Decision
Aug 22, 1990

Claim of Harris v. Grey Advertising, Inc.

Claimant was awarded workers' compensation benefits following an injury during her employment with Grey Advertising, Inc. The employer appealed earlier Workers' Compensation Law Judge (WCLJ) decisions, seeking further record development on the claimant's disability. After the claimant settled a third-party negligence action for $150,000, the employer sought a credit for this settlement against future compensation payments, citing Workers’ Compensation Law § 29. The Workers’ Compensation Board affirmed the WCLJ decisions, indicating that further development was needed regarding the third-party settlement. The employer then appealed to this court, which dismissed the appeal as premature, ruling that the determination of the credit amount was a question of fact not yet resolved by the Board, thus rendering the Board's decision interlocutory and non-appealable.

Workers' Compensation BenefitsThird-Party Settlement CreditInterlocutory AppealPremature AppealRecord DevelopmentDisability AssessmentCompensation AwardEmployer AppealAppellate JurisdictionWorkers' Compensation Law § 29
References
3
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