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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 Steuber v. Home Properties, Inc.

Claimant applied for workers' compensation benefits after a March 2010 work fall, establishing injuries to his back, left knee, and left hip. After thoracic spine surgery in 2011, the employer and its workers' compensation carrier objected to coverage, arguing it was not causally connected to the initial claim. The Workers’ Compensation Board agreed, a decision which the appellate court affirmed. The court credited an independent medical examiner's opinion that the thoracic condition and subsequent falls were unrelated to the compensable accident, despite the claimant's orthopedic surgeon's testimony suggesting otherwise.

Workers' Compensation BenefitsCausal RelationThoracic Spine InjuryDegenerative ConditionIndependent Medical ExaminationSubsequent FallsBoard DecisionAppellate ReviewCredibility AssessmentSubstantial Evidence
References
3
Case No. MISSING
Regular Panel Decision

Malburg v. Keller

Plaintiff commenced a personal injury action following a motor vehicle accident. The defendant moved for summary judgment, arguing the plaintiff did not sustain a serious injury under Insurance Law § 5102 (d), and the Supreme Court granted this motion, dismissing the amended complaint. On appeal, the court modified the order by denying the motion in part. It reinstated the amended complaint concerning the significant limitation of use category of serious injury for the plaintiff's cervical spine injury. This modification was based on an independent medical examination report establishing a triable issue of fact.

Personal InjuryMotor Vehicle AccidentSummary JudgmentSerious InjuryInsurance LawCervical Spine InjuryRange of MotionIndependent Medical ExaminationAppellate ReviewWorkers' Compensation
References
1
Case No. MISSING
Regular Panel Decision

Bennett v. Roman Catholic Diocese of Rockville Centre

In this workers' compensation case, the claimant appealed a decision from the Workers’ Compensation Board. The Board ruled that the claimant's cervical spine injury claim was barred by Workers’ Compensation Law § 28 because it was filed more than two years after the 2010 work-related accident, which initially caused back and leg injuries. Although the claimant argued that a carrier's payment for a 2010 CT scan constituted an advance payment of compensation, the court disagreed, noting the CT scan did not reveal neck abnormalities at the time and subsequent treatment focused on other injuries. The Appellate Division affirmed the Board's decision, concluding that substantial evidence supported the finding that the neck injury claim was untimely.

Workers' CompensationStatute of LimitationsTimeliness of ClaimNeck InjuryBack InjuryAdvance Payment of CompensationIndependent Medical ExaminationAppellate DivisionNew YorkWorkers' Compensation Board Appeal
References
5
Case No. ADJ9027080, ADJ7299336, ADJ8027597
Regular
Jun 10, 2025

JAMES HUNTER vs. SUBSEQUENT INJURIES BENEFITS TRUST FUND

Applicant James Hunter sought reconsideration of a Findings and Order that found him ineligible for Subsequent Injuries Benefits Trust Fund (SIBTF) benefits. The Workers' Compensation Appeals Board (WCAB) adopted the WCJ's Report and Recommendation, affirming that Hunter's September 30, 2010 subsequent lumbar spine injury, settled at 10% permanent disability, did not meet the 35% SIBTF eligibility threshold. The WCAB denied reconsideration, upholding the WCJ's reliance on the Agreed Medical Evaluator's reports over applicant's attempt to re-characterize the injury as a cumulative trauma.

Subsequent Injuries Benefits Trust FundSIBTFPetition for ReconsiderationFindings and OrderWCJLabor Code section 5909EAMSApportionmentPermanent DisabilityAgreed Medical Evaluator
References
14
Case No. ADJ10550274
Regular
Mar 24, 2023

MEENA CHANDOK vs. SUBSEQUENT INJURIES BENEFITS TRUST FUND

The Subsequent Injuries Benefits Trust Fund (SIBTF) sought reconsideration of a prior award finding the applicant permanently totally disabled due to a subsequent industrial injury combined with pre-existing disabilities. SIBTF argued that an elective tubal ligation and pre-existing cervical and thoracic spine impairments were improperly rated. The Workers' Compensation Appeals Board (WCAB) denied reconsideration, finding that the tubal ligation constituted a ratable impairment under the AMA Guides, and evidence of prior treatment for the spinal conditions predated the industrial injury. The WCAB adopted the reasoning of the Workers' Compensation Judge (WCJ), who found no legal basis to exclude an elective surgery from impairment rating and that SIBTF failed to rebut the applicant's medical evidence.

Subsequent Injuries Benefits Trust FundPre-existing disabilityRatable impairmentElective tubal ligationCervical spineThoracic spineAMA GuidesLabor Code section 4751FergusonProphylactic work restriction
References
12
Case No. ADJ3953602 (SRO 0133844) ADJ2646453 (SRO 0133845)
Regular
Dec 21, 2012

ROBERTO HERNANDEZ vs. MILL VALLEY SCHOOL DISTRICT, SUBSEQUENT INJURIES BENEFITS TRUST FUND

The Workers' Compensation Appeals Board affirmed an earlier decision awarding applicant 100% permanent disability, less credits and fees, due to industrial injuries to his right knee, psyche, and lumbar spine. The Subsequent Injuries Benefits Trust Fund (SIBTF) sought reconsideration, arguing the applicant's disability was solely from the latter injury and thus not eligible for SIBTF benefits. The Board accepted the applicant's late-filed answer to the SIBTF's petition and, agreeing with the original judge, denied the SIBTF's petition for reconsideration. The Board also admitted two exhibits previously marked for identification into evidence.

WORKERS' COMPENSATION APPEALS BOARDSUBSEQUENT INJURIES BENEFITS TRUST FUNDRECONSIDERATIONFINDINGS AND AWARDPERMANENT DISABILITYINDUSTRIAL INJURYPSYCHELUMBAR SPINEMAINTENANCE WORKERADMINISTRATIVE LAW JUDGE
References
2
Case No. 2023 NY Slip Op 03113 [217 AD3d 1382]
Regular Panel Decision
Jun 09, 2023

Sywak v. Grande

Plaintiff William M. Sywak commenced an action seeking damages for injuries allegedly sustained in a motor vehicle accident, naming Barbara Grande and Joseph D. Dwyer and Robert D. Dwyer (Dwyer defendants) as parties. Plaintiff alleged serious injuries under various categories of Insurance Law § 5102 (d) and claimed economic loss beyond basic economic loss. The Supreme Court partially granted the defendants' motion for summary judgment, dismissing some serious injury claims but preserving others, including those for lumbar spine injuries. On appeal by the Dwyer defendants, the Appellate Division, Fourth Department, modified the Supreme Court's order. The appellate court granted the Dwyer defendants' motion to dismiss claims related to plaintiff's cervical spine, left hip, left arm, left shoulder, and left leg injuries under Insurance Law § 5102 (d), and also dismissed the claim for economic loss in excess of basic economic loss, noting plaintiff's prior unemployment due to a workers' compensation accident. However, the Appellate Division affirmed the denial of the motion regarding plaintiff's lumbar spine injury under the permanent consequential limitation of use and significant limitation of use categories, finding a triable issue of fact.

Motor Vehicle AccidentSerious InjuryInsurance LawSummary JudgmentAppellate DivisionCervical Spine InjuryLumbar Spine InjuryPermanent Consequential Limitation of UseSignificant Limitation of Use90/180-Day Category
References
17
Case No. ADJ7288330
Regular
Oct 03, 2016

GLORIA BENITEZ vs. NEWPORT SUBACUTE HEALTH CARE CENTER, ALASKA NATIONAL INSURANCE COMPANY

The applicant, Gloria Benitez, sought to reopen her workers' compensation claim to include injury to additional body parts beyond her cervical spine and psyche. The original award found injury only to the cervical spine and psyche, with a 19% permanent disability rating for the cervical spine. While the WCJ's initial decision denied injury to additional body parts, the Board granted reconsideration. The Board amended the original findings to defer the issue of injury to the alleged additional body parts, while affirming other aspects of the WCJ's order, including the appointment of a regular physician to evaluate new and further disability.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and OrderNew and Further DisabilityAgreed Medical ExaminerRegular PhysicianLabor Code Section 5410Petition to ReopenIndustrial InjuryCervical Spine
References
4
Case No. ADJ13002649, ADJ13002697
Regular
Oct 20, 2025

LORENZO TORRES vs. KOOS MANUFACTURING COMPANY, INC.; SAFETY NATIONAL CASUALTY COMPANY

The Workers' Compensation Appeals Board denied defendant's Petition for Reconsideration of a Joint Findings and Award (F&A) issued on July 21, 2025. The F&A, authored by a Workers' Compensation Judge, found that applicant Lorenzo Torres sustained injuries arising out of and in the course of employment (AOE/COE) to his lumbar spine and psyche (ADJ13002649), with the psychological injury not precluded by a good faith personnel action defense, resulting in temporary partial disability and 14% permanent disability to the lumbar spine. Additionally, applicant sustained AOE/COE injuries to his right and left shoulders (ADJ13002697), leading to 3% and 4% permanent disability respectively. Defendant challenged these findings, arguing insufficient evidence for the psyche injury, unjustified temporary partial disability, a lower lumbar spine impairment, and no industrial shoulder injury. The Appeals Board reviewed the matter, including the WCJ's Report and Recommendation, and found the WCJ's conclusions to be supported by substantial evidence. Consequently, the Board affirmed the original F&A and denied the reconsideration petition.

AOE/COEGood Faith Personnel Action DefensePsychological InjuryLumbar Spine InjuryShoulder InjuryTemporary Partial DisabilityPermanent DisabilityApportionmentQualified Medical EvaluatorSubstantial Evidence
References
11
Case No. 2024 NY Slip Op 03080 [228 AD3d 426]
Regular Panel Decision
Jun 06, 2024

DiMaggio v. Port Auth. of N.Y. & N.J.

Plaintiffs Salvatore DiMaggio et al. alleged that Salvatore was struck in the face by a metal rod during a construction project, resulting in injuries to his face, head, and spine, as well as aggravation of prior asymptomatic conditions. Defendants Port Authority of New York and New Jersey et al. subsequently sought authorizations for records related to 19 prior incidents involving an individual named "Salvatore DiMaggio" and moved to compel discovery or dismiss the case. The Supreme Court initially granted defendants' motion to the extent of compelling plaintiffs to provide a Jackson affidavit and authorizations. However, the Appellate Division modified this order, ruling that the requirement for a Jackson affidavit was improper, as that procedure applies when documents are claimed to be missing, not when seeking authorizations from third parties, and CPLR 3130 prohibits interrogatories upon a party served with a demand for a bill of particulars. The Appellate Division affirmed the compulsion for plaintiffs to provide authorizations for records related to claims made by Salvatore and incidents in which he was involved, given his acknowledgement of involvement in some prior incidents and failure to timely object to the demands. The court further limited the scope of these authorizations to records relating to injuries to or treatment of Salvatore DiMaggio's face, mouth, head, cervical spine, and/or thoracolumbar spine, due to the nature of the alleged injuries and the principle that general anxiety/depression from physical injuries does not place entire mental health into contention, while allowing them to be unrestricted by date due to allegations of exacerbated preexisting injuries.

DiscoveryAuthorizationsMedical RecordsPreexisting InjuriesJackson AffidavitCPLR 3126CPLR 3130Waiver of ObjectionAppellate ProcedurePersonal Injury
References
11
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