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

Case No. ADJ1350924 (VNO 0092908)
Regular
Apr 06, 2015

DAVID SMITH vs. GENERAL MOTORS, TRISTAR, SEDGWICK CLAIMS MANAGEMENT

This case concerns a defendant's petition for reconsideration of a Workers' Compensation Appeals Board (WCAB) award. The original award included a hypoallergenic, adjustable king-size mattress and ongoing personal trainer services for the applicant. The defendant argued the mattress was excessive and the trainer unnecessary. The WCAB denied the defendant's petition, largely adopting the WCJ's reasoning for the original award. However, one commissioner dissented on the mattress award, finding insufficient evidence to justify the specific, expensive model.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardTempur Cloud Luxehypoallergenic mattresspersonal trainerWCJAmended Report and Recommendationdurable mattressadjustable mattress
References
0
Case No. ADJ10565692
Regular
Nov 08, 2018

BRIAN CLARK vs. LOS RIOS COMMUNITY COLLEGE DISTRICT, YORK RISK SERVICES GROUP

This case involves a sports athletic trainer, Brian Clark, who sustained head and psyche injuries at work. Both the applicant and the defendant sought reconsideration of the initial award. The applicant argued his occupational group was misclassified, while the defendant contended the judge wrongly rejected the medical evaluator's apportionment of permanent disability. The Workers' Compensation Appeals Board denied both petitions, upholding the original findings. The Board found the applicant failed to prove factual error in his occupational group classification and adopted the WCJ's reasoning regarding the apportionment.

WORKERS' COMPENSATION APPEALS BOARDLOS RIOS COMMUNITY COLLEGE DISTRICTYORK RISK SERVICES GROUPFindings and Awardsports athletic traineroccupational group 390occupational group 311permanent disability apportionmentPanel Qualified Medical Evaluator (PQME)substantial evidence
References
1
Case No. 2019 NY Slip Op 04254 [172 AD3d 1858]
Regular Panel Decision
May 30, 2019

Matter of Rangasammy v. Philips Healthcare

Claimant Bridje Rangasammy, a medical equipment trainer, sought workers' compensation benefits for head and neck injuries allegedly sustained in a taxicab accident. A Workers' Compensation Law Judge initially awarded benefits, but the Workers' Compensation Board reversed this decision, concluding that the claimant failed to prove that an accident arising out of and in the course of his employment actually occurred. The Appellate Division, Third Department, affirmed the Board's decision, deferring to its assessment of claimant's credibility, especially given inconsistent accounts of the incident, the absence of involved parties at the scene, and a lack of objective medical findings to support the alleged injuries despite CAT scans and MRI studies being normal.

Workers' Compensation BenefitsAccidental Injury ClaimEmployment-Related InjuryClaimant CredibilitySufficiency of EvidenceMedical Report FindingsHead InjuryNeck InjuryTaxicab IncidentAppellate Review
References
7
Case No. 528298
Regular Panel Decision
Jun 04, 2020

Matter of DiGennaro v. Greece Cent. Sch. Dist.

Carmela A. DiGennaro, employed as a school bus driver and trainer/safety coordinator, developed neck and right shoulder problems attributed to the physical demands of her job, specifically repetitive driving. After her termination in April 2017, she filed a claim for workers' compensation benefits. The employer contested the claim, arguing it lacked medical support and was filed as a retaliatory measure post-termination. However, the Workers' Compensation Board affirmed the Workers' Compensation Law Judge's decision, finding that DiGennaro's condition was a causally-related occupational disease. The Appellate Division, Third Department, affirmed the Board's decision, concluding that substantial evidence, including claimant's testimony, corroborating statements from co-workers, and medical opinions from her orthopedist and chiropractor, supported the finding of a recognizable link between her work and her condition.

Occupational diseaseWorkers' Compensation LawCausationRepetitive stress injurySchool bus driverChiropractic treatmentOrthopedic diagnosisCredibilitySubstantial evidenceAppellate review
References
4
Case No. MISSING
Regular Panel Decision

Claim of Cartuccio v. New York State Department of Corrections

The claimant's workers' compensation claim for stress-related symptoms, stemming from his work as a correction officer, was established as a permanent partial disability in 2001. In 2010, the employer and its carrier initiated proceedings before the Workers’ Compensation Board, alleging that the claimant had fraudulently misrepresented his activities as a horse trainer. A Workers’ Compensation Law Judge and subsequently the Board found that the claimant committed fraud by downplaying his extensive horse training as a mere hobby and, consequently, permanently disqualified him from receiving future wage replacement benefits under Workers’ Compensation Law § 114-a (1). The claimant appealed this determination, contending that the Board's finding of his failure to disclose horse training activities lacked substantial evidence. However, the appellate court disagreed, affirming the Board's decision, finding ample evidence that the claimant engaged in significant horse training for income despite repeatedly reporting no paid or unpaid work, and upholding the Board's credibility findings regarding the carrier's witnesses.

Workers' Compensation FraudWage Replacement BenefitsPermanent Partial DisabilityMisrepresentation of ActivitiesHorse TrainingNew York Workers' Compensation BoardAppellate ReviewSubstantial EvidenceCredibility DeterminationFraud Disqualification
References
5
Case No. MISSING
Regular Panel Decision

State v. Horsemen's Benevolent & Protective Ass'n

This action was brought pursuant to subdivision 1 of section 340 of the General Business Law (the Donnelly Act) seeking injunctive relief and a penalty against the Horsemen’s Benevolent and Protective Association and its individual officers. The defendants, comprised of horse owners and trainers, sought to prevent the unionization of back-stretch employees and lobbied for a legislative pension plan. When their bill failed, members withdrew horses, causing significant racing cancellations and financial losses in 1969. The State commenced this action, alleging an illegal combination in restraint of trade, and a preliminary injunction was granted and affirmed. After a nonjury trial, the complaint was dismissed, which this appellate court affirmed. The court found concerted activity to boycott racing but disagreed with the trial court's finding of a 'labor dispute' exception and that the acts did not create a monopoly, asserting the Donnelly Act's applicability. However, the appellate court ultimately affirmed the dismissal of the complaint, concluding that an injunction was unwarranted due to the passage of time and the State's delay, and denied damages based on laches.

AntitrustDonnelly ActLabor DisputeBoycottHorse RacingInjunctionPenaltyLachesConcerted ActivityTrade Restraint
References
11
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