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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

Claim of Kuczynski v. Trinity Foundry

This case involves an appeal from a Workers’ Compensation Board decision concerning the apportionment of liability for a claimant's chronic obstructive pulmonary disease (COPD). The claimant, who had worked at various foundries including Kennedy Valve (under ITT Grinnell and later McWane Inc.) and Trinity Foundry, filed a claim after a COPD diagnosis in 2004. A Workers’ Compensation Law Judge initially established the claim and found Kennedy Valve/McWane liable. The Board subsequently apportioned liability among ITT Grinnell (71%), Trinity (28%), and Kennedy Valve/McWane (1%). Trinity and its workers’ compensation carrier appealed this apportionment. The appellate court affirmed the Board's decision, concluding that substantial evidence supported the finding that the claimant contracted COPD prior to his 1994 employment with Kennedy Valve/McWane, thus justifying the apportionment of liability among the employers.

chronic obstructive pulmonary diseaseCOPDworkers' compensationoccupational diseaseapportionmentfoundry workemployer liabilitymedical expert testimonyappellate reviewliability distribution
References
4
Case No. MISSING
Regular Panel Decision

Claim of Good v. Town of Brutus

A claimant, employed as a court clerk since 2002, developed carpal tunnel syndrome and filed a workers’ compensation claim in 2007, which was established as an occupational disease. She was awarded a 25% schedule loss of use of the left hand. The employer’s workers’ compensation carrier sought apportionment of liability with her two most recent prior employers under Workers’ Compensation Law § 44. A Workers’ Compensation Law Judge and the Board denied this request, finding no medical evidence of the condition arising from prior employment. The Appellate Division affirmed the Board’s determination, stating that despite the claimant experiencing symptoms previously and an independent medical examiner suggesting apportionment, there was no objective medical proof that she contracted the condition while working for a previous employer. The court emphasized that the focus for apportionment is whether the claimant contracted the occupational disease during that specific employment.

Occupational DiseaseCarpal Tunnel SyndromeApportionment of LiabilityWorkers' Compensation Law § 44Prior EmployersMedical EvidenceIndependent Medical ExaminerSchedule Loss of UseWorkers' Compensation BoardAppellate Review
References
3
Case No. MISSING
Regular Panel Decision

Matter of Wetterau v. Canada Dry

The claimant sustained two work-related back injuries in 1999 and 2005 while working for the same employer. The 1999 claim was closed in 2000, and the 2005 claim resulted in a permanent partial disability classification, with the carrier making ongoing payments. Both claims were reopened to determine apportionment and the applicability of Workers' Compensation Law § 25-a to the 1999 claim. The Workers' Compensation Board ruled that liability for the 1999 claim shifted to the Special Fund for Reopened Cases, finding no advance payment of compensation by the carrier on the 2005 claim attributable to the 1999 injury. The Board concluded that the two injuries were distinctly different, and the carrier was not on notice that payments for the 2005 claim encompassed the 1999 claim. This decision to shift liability was affirmed on appeal, without costs.

Special Fund for Reopened CasesWorkers’ Compensation Law § 25-aLiability ShiftAdvance Payment of CompensationApportionmentPermanent Partial DisabilityBack InjuryAnkle InjuryPreexisting ConditionSubstantial Evidence
References
7
Case No. MISSING
Regular Panel Decision

Claim of Polifroni v. Delhi Steel Corp.

This case involves appeals from two Workers' Compensation Board decisions regarding a claimant's occupational carpal tunnel syndrome. The workers' compensation carrier for Delhi Steel Corporation requested apportionment among the claimant's prior employers, citing Workers' Compensation Law § 44. The Board denied this request, stating there was no medical evidence of the claimant being disabled due to carpal tunnel syndrome before his employment with Delhi Steel. The appellate court reversed the Board's decisions, finding that the Board had misapplied WCL § 44 by conflating the contraction of an occupational disease with the subsequent disablement. The court clarified that liability for apportionment is based on employment during or after the disease's contraction, not on prior disablement. The case was remitted to the Workers’ Compensation Board for further proceedings consistent with the court's interpretation.

Workers' Compensation LawApportionmentOccupational DiseaseCarpal Tunnel SyndromeDisabilityContraction DateEmployer LiabilityJudicial ReviewAppellate CourtStatutory Interpretation
References
3
Case No. MISSING
Regular Panel Decision

Gregware v. City of New York

This appeal concerns a multivehicle collision on the West Side Highway where plaintiffs alleged negligence and reckless disregard by the City of New York and Burtis Construction Co. in setting up an unsafe lane closure. The jury found both defendants negligent and reckless, awarding significant damages to plaintiff James Gregware for his debilitating injuries, and to his wife for loss of services. The appellate court addressed issues regarding plaintiffs' counsel's summation remarks and the apportionment of damages. While finding the remarks regrettable but not depriving the defendant of a fair trial, the court determined that the 65%-35% liability apportionment between the City and Burtis was against the weight of the evidence. Therefore, the court affirmed the judgment regarding liability and damages, but modified it to grant the City's cross-claim for indemnification and remanded the case for a new trial solely on the apportionment of liability between the City and Burtis.

Multivehicle collisionWest Side HighwayLane closureNegligenceReckless disregardConstruction projectApportionment of liabilityDamagesPain and sufferingLoss of services
References
21
Case No. MISSING
Regular Panel Decision

Karian v. Anchor Motor Freight, Inc.

Plaintiff, a mechanic for M&G Convoy, Inc., was severely injured when an M&G employee, unaware of plaintiff's presence, moved a tractor-trailer plaintiff was working on at Anchor Motor Freight, Inc.'s terminal. A jury found Anchor 80% negligent and M&G 20% negligent under common-law negligence and Labor Law § 200, awarding $5,000,000. Anchor later settled with the plaintiff for $1,999,500, with M&G waiving its workers' compensation lien. The appellate court reviewed the apportionment of liability, finding sufficient evidence for negligence by both Anchor and M&G. The court determined the jury's apportionment was against the weight of the evidence and directed a new trial on liability apportionment unless parties stipulated to 80% liability for M&G and 20% for Anchor; Harold Henderson's appeal was dismissed.

Workers' Compensation LienCommon-Law NegligenceLabor Law § 200Apportionment of LiabilityJury Verdict ReviewSafe Place to Work DoctrineThird-Party ActionSettlement AgreementProximate CauseEvidentiary Rulings
References
18
Case No. WCK 0064705
Regular
Aug 14, 2008

PATRICIA BRADY vs. NORTH BAY MEDICAL CENTER, GALLAGHER BASSETT SERVICES

The Workers' Compensation Appeals Board granted reconsideration, rescinded the prior award, and returned the case for further proceedings. The Board found the previous decision ambiguous regarding liability apportionment between defendants and inconsistent with current apportionment law, specifically citing the need to apply *Benson v. The Permanente Medical Group*. The WCJ must now reconsider apportionment of permanent and temporary disability based on causation, address the administration of the award, and clarify CIGA's liability.

Workers' Compensation Appeals BoardReconsiderationFindings and AwardIndustrial InjuryCervical SpineUpper ExtremitiesAverage Weekly EarningsTemporary Disability IndemnityPermanent DisabilityApportionment
References
5
Case No. MON 0255472
Regular
Mar 17, 2008

MARIA RODRIGUEZ vs. LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY, TRAVELERS INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration of a previous award, rescinding the arbitrator's decision that equally divided liability between the County and Travelers Insurance. The Board found the arbitrator improperly determined the date of injury and confused initial liability proceedings with apportionment. The case is remanded to the trial level for specific findings on the date(s) of injury and last injurious exposure, followed by a reconsidered liability apportionment based on proportionate coverage during the relevant one-year period.

Cumulative injuryDate of injuryInjurious exposureApportionment of liabilityContributionTravelers Insurance CompanyLos Angeles County Metropolitan Transportation AuthoritySection 5500.5Section 5412Permissibly self-insured
References
0
Case No. MISSING
Regular Panel Decision
Sep 28, 2000

DiCamillo v. County of Nassau

An unnamed plaintiff was injured during employment on premises leased by Nassau County. A jury initially found Nassau County negligent and awarded the plaintiff $544,000 in damages. Nassau County appealed, contending that the jury should have been allowed to consider the liability of a nonparty coemployee, Richard Ribarik, and apportion liability to him. The Appellate Division, Second Department, agreed, citing pre-1996 amendments to CPLR 1601 and 1602. The court clarified that Workers’ Compensation Law § 11 does not prevent considering a nonparty coemployee's culpability for apportionment purposes. Consequently, the judgment was reversed, and the case was remitted to the Supreme Court, Nassau County, for a new trial solely on the apportionment of liability between Nassau County and Richard Ribarik.

Personal InjuryApportionment of LiabilityNonparty LiabilityCPLR 1601CPLR 1602Workers' Compensation Law § 11Coemployee NegligenceProspective ApplicationJudgment ReversalRemand for New Trial
References
3
Case No. 535730
Regular Panel Decision
Apr 18, 2024

Matter of Birro v. Wolkow-Braker Roofing Corp.

Claimant Joseph Birro Jr., a roofer, had two workers' compensation claims from injuries in 2006 and 2015. A Workers' Compensation Law Judge initially apportioned liability between the claims, a decision later rescinded by the Board due to inadequate medical opinions. After further review, the WCLJ reapportioned liability as 80% to the 2006 claim and 20% to the 2015 claim, based on an orthopedic surgeon's opinion. The Workers' Compensation Board modified this, ruling that apportionment was inapplicable and assigned full liability to New Hampshire Insurance Company, the carrier for the 2015 claim. The Appellate Division affirmed the Board's decision, finding that the Board properly rejected the physician's apportionment opinion as unsubstantiated by the record, considering the claimant's continued work after the 2006 injury and the timing of his surgeries after the 2015 incident.

Workers' Compensation AppealApportionment of LiabilityMedical Opinion RejectionSubstantial Evidence ReviewPermanent Partial DisabilitySchedule Loss of UseWork-Related InjuriesNew York Appellate DivisionInsurance Carrier LiabilityClaimant Appeal
References
13
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