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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
Jun 02, 2008

Claim of Laezzo v. New York State Thruway Authority

The claimant suffered a work-related slip and fall in 2002, leading to injuries including his head, neck, back, and knees. His morbid obesity contributed to his back and knee issues, prompting him to seek authorization for gastric bypass surgery. The Workers’ Compensation Law Judge approved the surgery, a decision affirmed by the Workers’ Compensation Board, which found the surgery causally related to the compensable injuries. The employer and its carrier appealed, challenging the causal link. The court affirmed the Board's decision, noting substantial evidence that the claimant's weight gain was a result of the sedentary lifestyle imposed by his injuries, and that the surgery would aid in his recovery.

Workers' CompensationConsequential InjuryGastric Bypass SurgeryMorbid ObesityMedical Treatment AuthorizationCausationKnee InjuryBack InjurySedentary LifestyleBoard Decision Appeal
References
2
Case No. MISSING
Regular Panel Decision

Suarez v. Abe

Plaintiff, with a history of right knee injuries and surgeries since age 15, sustained another injury in a workplace mishap in March 1993, leading to disability payments. After a subsequent diagnosis of a new lateral meniscus tear in April 1998, his treating physician requested authorization for arthroscopic surgery. Eleven days after the Workers' Compensation Board directed the carrier to authorize the surgery, plaintiff was involved in a motor vehicle accident, claiming it caused a 'serious injury' to his already compromised knee. The Supreme Court initially denied the defendants' motion for summary judgment, but the appellate court reversed, finding the plaintiff failed to provide objective medical evidence that the motor vehicle accident aggravated his preexisting knee condition to the statutory 'serious injury' threshold.

Summary JudgmentSerious Injury ThresholdPreexisting InjuryAggravation of InjuryMotor Vehicle AccidentObjective Medical ProofNo-Fault InsuranceAppellate ProcedureKnee PathologyMedical Affidavit
References
9
Case No. MISSING
Regular Panel Decision
Oct 12, 2007

Salvador-Pajaro v. Port Authority

This case involves a Port Authority police officer who sued the Port Authority for personal injuries, alleging an unsafe workplace in New Jersey. The Port Authority's motion for summary judgment dismissing the complaint was initially denied by the Supreme Court, New York County. However, the appellate court unanimously reversed this decision, granting the motion and dismissing the complaint. The court ruled that New York's Labor Law § 27-a, which was the basis for the General Municipal Law § 205-e claim, does not apply to the Port Authority as an Interstate Compact agency, particularly without concurring legislation from New Jersey. Additionally, New York Labor Law provisions concerning workplace safety do not apply to workplaces located outside of New York, even if both the injured worker and the employer are New York domiciliaries.

Interstate Compact AgencyWorkplace SafetyJurisdictionExtraterritorial ApplicationLabor LawGeneral Municipal LawSummary JudgmentPersonal InjuryPort AuthorityEmployer-Employee Relations
References
5
Case No. MISSING
Regular Panel Decision

Matter of Lichten v. New York City Transit Authority

Claimant, a bus driver, filed for workers' compensation benefits due to an occupational disease stemming from repetitive stress injuries to his legs, including his hips, knees, and feet, caused by his employment. The Workers’ Compensation Law Judge established the case for bilateral hips but disallowed the claim for bilateral knees. This disallowance was upheld by the Workers’ Compensation Board. Claimant appealed this decision. Medical testimony presented conflicting opinions regarding the causal relationship of claimant's knee condition to his work activities. The Board's decision to discredit the treating orthopedist's opinion was found to be supported by substantial evidence and was within its authority concerning credibility determinations. The appellate court affirmed the Board's decision.

Workers' CompensationOccupational DiseaseRepetitive Stress InjuryBilateral KneesCausal RelationshipMedical EvidenceCredibility DeterminationAppellate ReviewAffirmed DecisionBus Driver
References
6
Case No. CV-24-0652
Regular Panel Decision
May 29, 2025

Matter of Cahill v. New York State Dept. of Mental Hygiene

Claimant Lynn Cahill sustained a work-related knee injury in 1992, which led to a total knee replacement in 2012 and subsequent revision surgeries. In October 2020, she was diagnosed with a periprosthetic infection, managed with antibiotics. Her condition acutely worsened in September 2022, leading her orthopedic surgeon, Dr. Frank Lombardo, to recommend and perform immediate cement spacer surgery on October 4, 2022, due to risks of sepsis and amputation. The employer and carrier disputed liability, arguing the surgery lacked prior authorization. However, the Workers' Compensation Board, affirmed by the Appellate Division, Third Department, ruled that the surgery was performed on an emergency basis, thereby waiving the authorization requirement under Workers' Compensation Law § 13-a (5) and holding the carrier responsible for the costs.

Knee InjuryPeriprosthetic InfectionEmergency Medical CareSurgical AuthorizationAppellate DivisionWorkers' Compensation Board ReviewMedical NecessityChronic InfectionSepsisAmputation Risk
References
6
Case No. 2015 NY Slip Op 00461 [124 AD3d 475]
Regular Panel Decision
Jan 15, 2015

Port Authority of New York & New Jersey v. Port Authority Police Lieutenants Benevolent Ass'n

The Appellate Division, First Department, affirmed a judgment confirming an arbitration award that found the Port Authority of New York and New Jersey violated a collective bargaining agreement by ending free E-Z Pass privileges for retired police sergeants. The court ruled that the arbitrator did not exceed his authority and that his interpretation, which vested retired members with a lifetime interest in these privileges, was not irrational. The decision also clarified that a contractual phrase regarding 'applicable law' pertains to the award's binding nature, not a ground for vacating the award due to a mistake of law.

Arbitration AwardCollective Bargaining AgreementE-Z Pass PrivilegesRetired EmployeesArbitrator's AuthorityAppellate ReviewContractual InterpretationLifetime BenefitsJudicial ReviewPublic Authority
References
5
Case No. 525196
Regular Panel Decision
Apr 26, 2018

Matter of Derouchie v. Massena W. Wc Smelter

Claimant Gerry J. Derouchie sustained injuries on February 18, 2015, including to his right knee and left hip, after stepping into a pothole on his employer's premises. He filed for workers' compensation benefits, and his case was established for multiple injuries. Having prior injuries and surgeries, claimant sought authorization for total right knee and left hip replacement surgeries, which the employer and carrier denied. A Workers' Compensation Law Judge (WCLJ) granted the authorization, and the Workers' Compensation Board affirmed, finding a causal relationship between the February 2015 accident and the need for surgeries. The Appellate Division, Third Department, affirmed the Board's decision, citing substantial evidence and deference to the Board's assessment of medical witness credibility.

Workers' Compensation BenefitsCausal RelationshipKnee Replacement SurgeryHip Replacement SurgeryPreexisting ConditionsAggravation of InjuryMedical AuthorizationSubstantial EvidenceCredibility AssessmentAppellate Review
References
10
Case No. 2021 NY Slip Op 00597 [191 AD3d 1048]
Regular Panel Decision
Feb 04, 2021

Matter of King v. City of N.Y. Parks & Recreation

Claimant Dennis King had an established claim for a right knee injury since 1996, receiving awards until 1997. After knee surgery was re-authorized and performed in September 2017, the claimant sought post-surgery awards. A Workers' Compensation Law Judge (WCLJ) initially determined in December 2017 that the case was truly closed, precluding further awards under Workers' Compensation Law § 123. The Workers' Compensation Board denied claimant's application for review in April 2018, affirming the WCLJ's decision. Subsequently, in May 2018, the WCLJ improperly rescinded his earlier decision and ordered post-surgery awards. The Board, upon review, found that the WCLJ lacked the authority to rescind his prior decision, as it had become the final decision of the Board, and the claimant had failed to pursue available administrative or judicial appellate remedies. The Appellate Division affirmed the Board's decision, holding that only the Board possesses continuing jurisdiction, not the WCLJ.

Workers' Compensation LawWCLJ AuthorityBoard JurisdictionCase ClosureAppellate ReviewContinuing JurisdictionTime-BarDecision RescissionFinality of DecisionAdministrative Remedies
References
6
Case No. MISSING
Regular Panel Decision
May 18, 2001

Lamuraglia v. New York City Transit Authority

Vincenzo Lamuraglia, a construction worker, was injured after being struck by a New York City Transit Authority bus while working. He and his wife, Rosa Lamuraglia, sued the Transit Authority entities, which then initiated a third-party action against Vincenzo's employer, Premium Landscaping, Inc. A jury found the Transit Authority 65% at fault and Premium 35% at fault, awarding damages for lost earnings, pain and suffering, and loss of services. The Supreme Court reduced some of these awards. On appeal, the judgment was modified, granting a new trial on damages unless the plaintiffs agree to further reductions in their awards for pain and suffering and loss of services. The appellate court also rejected the Transit Authority's arguments regarding jury instructions on pedestrian duty of care and the emergency doctrine.

Personal InjuryNegligenceDamagesJury VerdictAppellate ReviewThird-Party LiabilityComparative FaultWorkplace AccidentBus AccidentDuty of Care
References
14
Case No. MISSING
Regular Panel Decision

Samuelsen v. New York City Transit Authority

The case concerns a dispute between Local 100, Transport Workers Union of Greater New York (the Union) and the New York City Transit Authority (TA) and Manhattan and Bronx Surface Transit Authority (MaBSTOA). The Union challenged a Memorandum of Understanding (MOU) and a consolidation agreement that aimed to merge MaBSTOA and TA surface transit operations, arguing that these agreements violated Public Authorities Law § 1203-a (3) (b). This law prohibits MaBSTOA employees from becoming, 'for any purpose,' employees of the TA, acquiring civil service status, or becoming members of NYCERS. The Union contended that the agreements effectively made MaBSTOA employees into TA employees, thereby violating the statute. The defendants moved to dismiss the complaint, asserting the validity of the agreements and procedural defenses. The motion court initially dismissed the complaint, but the appellate court reversed this decision, agreeing with the Union's interpretation of the statute and finding that the complaint sufficiently alleged a cause of action.

Workers' RightsCollective BargainingStatutory InterpretationPublic Authorities LawCivil ServiceEmployment LawUnion DisputeConsolidation AgreementEmployer LiabilityDismissal Reversal
References
3
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