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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 Wallace v. Oswego Wire, Inc.

The Workers' Compensation Board affirmed a decision finding a claimant's left hand injury consequentially related to a prior right knee injury. While recuperating from a work-related right knee injury, the claimant's knee gave out, causing him to cut his left hand with a table saw. The employer and its carrier appealed, arguing the claimant's conduct was an intervening act. The court, led by Peters, J., affirmed the Board’s determination, finding substantial evidence that using the table saw, despite the knee condition, was not an unreasonable intervening cause, as prior buckling was infrequent. Judges Crew III, Carpinello, Lahtinen, and Kane concurred with the decision.

Workers' CompensationConsequential InjuryIntervening CauseRight Knee InjuryLeft Hand InjuryTable Saw AccidentCausationAppellate ReviewBoard DecisionFactual Issue
References
4
Case No. MISSING
Regular Panel Decision
Dec 03, 2004

Claim of Scally v. Ravena Coeymans Selkirk Central School District

In this case, a claimant appealed a Workers’ Compensation Board decision regarding apportionment of her workers' compensation award. The claimant, who suffered a work-related left knee injury in 2002, had a pre-existing non-work-related injury to the same knee from 1986. While a WCLJ initially denied apportionment, the Board reversed, directing a 50/50 apportionment based on the premise that the prior injury would have resulted in a schedule loss of use award had it been work-related. The appellate court upheld the Board's determination, deferring to its interpretation that a non-work-related injury leading to a schedule loss of use constitutes a "disability in a compensation sense" for apportionment purposes. This decision was supported by medical expert testimony indicating a schedule loss of use from the prior surgery.

Workers' CompensationApportionmentKnee InjuryNon-work-related InjurySchedule Loss of UsePreexisting ConditionMedical Expert TestimonyBoard InterpretationJudicial ReviewAppellate Decision
References
13
Case No. ADJ2697898
Regular
Mar 06, 2013

ROBERT WALKER vs. SISKIYOU FOREST PRODUCTS, STATE COMPENSATION INSURANCE FUND, THE SUBSEQUENT INJURIES BENEFIT TRUST FUND

This case involves a Subsequent Injuries Benefit Trust Fund (SIBTF) claim where the applicant sustained industrial injuries to his left knee and right ankle, resulting in incontinence. The Board affirmed the finding of 41% permanent disability for the subsequent injury, finding the applicant eligible for SIBTF benefits under Labor Code § 4751(a) due to corresponding prior and subsequent injuries to opposite limbs. The Board amended the award to specify that the attorney's fee of 15% is calculated on the SIBTF weekly payments, not commuted as a lump sum upfront, to comply with statutory prohibitions. The Court also addressed apportionment, pre-existing disability, and the unreliability of stipulated percentages when SIBTF was not a party.

Subsequent Injuries Benefit Trust FundPermanent DisabilityApportionmentLabor Code Section 4751Industrial InjuryPre-existing DisabilityLabor-DisablingOpposite and Corresponding MemberCommutation of BenefitsVocational Expert
References
3
Case No. MISSING
Regular Panel Decision

Claim of Hughes v. Indian Valley Industries, Inc.

In October 1996, the claimant sustained a work-related injury while lifting a 500-pound tarpaulin, leading to claims of left foot, leg, low back injuries, and nerve damage. Initially, a Workers’ Compensation Law Judge (WCLJ) recognized causal relationship only for the left foot injury, later amending the findings to include the back injury and left foot drop. The Workers’ Compensation Board subsequently rescinded the portion regarding the left foot drop for further medical evaluation but affirmed the causal relationship for the back injury and rejected the carrier's fraud allegations. The employer and its carrier appealed this Board decision. The Appellate Division affirmed the Board’s determination, noting that resolving conflicting expert medical testimony falls within the Board’s authority and concluding that the Board’s findings on the back injury and fraud issue were supported by substantial evidence.

CausationBack InjuryLeft Foot DropMedical EvidenceConflicting TestimonyWorkers' Compensation FraudPreexisting ConditionSubstantial Evidence ReviewAppellate AffirmationJudicial Review of Administrative Decision
References
4
Case No. 2023 NY Slip Op 00466
Regular Panel Decision
Feb 02, 2023

Matter of Kennedy v. 3rd Track Constructors

Claimant Alastair Kennedy, an operating engineer, sustained work-related injuries in October 2019 after falling into a hole at a job site, filing for workers' compensation benefits for left shoulder, foot, and ankle injuries. The employer's carrier accepted the claim for foot and ankle but contested neck and left shoulder injuries, also raising a Workers' Compensation Law § 114-a violation. A Workers' Compensation Law Judge (WCLJ) and subsequently the Workers' Compensation Board found claimant's testimony regarding the accident and prior injuries not credible, denying the claims for neck and left shoulder injuries and imposing mandatory and discretionary penalties under Workers' Compensation Law § 114-a. On appeal, the Appellate Division, Third Department, affirmed the Board's findings regarding the non-causal relation of neck and left shoulder injuries and the mandatory penalty for misrepresentations. However, the Court reversed the discretionary penalty of total disqualification from future wage loss benefits, deeming it disproportionate to the offense, modifying and affirming the Board's decision as so modified.

Workers' CompensationInjury ClaimCredibility AssessmentMisrepresentationWorkers' Compensation Law § 114-a ViolationMandatory PenaltyDiscretionary PenaltyWage Loss BenefitsCausal RelationshipMedical Evidence
References
16
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. MISSING
Regular Panel Decision

Claim of Thomasula v. Wilson Concrete & Masonry

Claimant sought workers' compensation benefits for a left shoulder injury sustained during employment. The Workers' Compensation Board denied the claim, finding claimant's testimony not credible due to a delay in seeking medical attention, failure to file an accident report, and admitting to misrepresenting the injury as non-work-related for private insurance. Claimant appealed, but the appellate court affirmed the Board's decision, upholding the Board's authority to resolve credibility issues. The court found substantial evidence supported the determination that the injury was not work-related. Claimant's remaining arguments were considered and rejected as lacking merit.

Workers' CompensationCredibility AssessmentAccidental InjuryEmployment InjuryMedical Attention DelayAccident ReportInsurance MisrepresentationAppellate ReviewSubstantial EvidenceBoard's Authority
References
3
Case No. MISSING
Regular Panel Decision
Feb 01, 1978

Claim of Goss v. Hornblower & Weeks

Claimant, a stockbroker, sustained a compensable left knee injury in 1974, leading to surgery and a 10% schedule loss award. Subsequently, the claimant sought to have a right knee injury, sustained in 1975 after being struck by a bicycle while en route to a medical examination for his left knee, deemed a consequential injury. While the referee initially found the right knee injury compensable, the Workers' Compensation Board reversed this decision, concluding that the evidence did not establish a direct and natural link between the industrial left knee injury and the subsequent right knee injury. The appellate court affirmed the Board's determination, citing substantial evidence in the record to support the disallowance of the claim.

Workers' CompensationKnee InjuryConsequential InjurySchedule LossBoard ReversalAffirmationStockbrokerAccidentMedical ExaminationAppellate Review
References
1
Case No. CV-23-0524
Regular Panel Decision
Oct 10, 2024

Matter of Becker v. United Cerebral Palsy Assoc.

Claimant Sofia Becker injured her right ankle in December 2000, leading to an established workers' compensation claim and consequential injuries to her left wrist and both knees with assigned schedule loss of use. In September 2021, claimant fell at home, injuring her left elbow, and sought to amend her claim to include this as a consequential injury. A Workers' Compensation Law Judge (WCLJ) initially found prima facie medical evidence for the consequential injury but later disallowed the claim, a decision affirmed by the Workers' Compensation Board (Board). The Board determined the left elbow injury was a regular, unrelated slip-and-fall accident, lacking a consequential causal relationship to her prior established injuries. The Appellate Division, Third Department, affirmed the Board's decision, finding it supported by substantial evidence due to the absence of medical opinion linking the elbow injury to prior compensable injuries and conflicting independent medical examination findings.

Workers' CompensationConsequential InjuryCausationMedical EvidenceSchedule Loss of UseSlip and FallBoard DecisionAppellate ReviewCredibility AssessmentOrthopedic Injury
References
7
Case No. ADJ1991870
Regular
Sep 07, 2010

TOM DRENNAN vs. SUPERIOR INSPECTION SERVICES, FIREMAN'S FUND INSURANCE COMPANY

This case involves an employer's petition for reconsideration of a WCJ's award finding industrial injury to the applicant's left knee, both hips, and gastrointestinal system as consequential to an admitted right knee injury. The defendant argues that a prior 2005 WCJ decision denying consequential injury to the left knee and hips is res judicata. The Appeals Board granted reconsideration, amending the award to remove the left knee and hip injuries, holding that the 2005 decision was final and the five-year time limit to reopen under Labor Code sections 5410 and 5804 had passed. The finding of consequential injury to the gastrointestinal system and 29% permanent disability remain affirmed.

Workers' Compensation Appeals BoardReconsiderationFindings and AwardCompensable ConsequencesRes JudicataIndustrial InjuryLeft KneeHipsGastrointestinal SystemPermanent Disability
References
2
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