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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 Lauritano v. Consolidated Edison Co.

This case involves an appeal from a Workers’ Compensation Board decision regarding the transfer of liability to the Special Fund for Reopened Cases under Workers’ Compensation Law § 25-a. The claimant suffered a work-related heart attack in 1992, received benefits, and the case was closed in 1997. After another heart attack and surgery in 1999, the claim was reopened in 2001. A Workers’ Compensation Law Judge initially found it was not a stale claim, but the Board reversed, transferring liability to the Special Fund. The Special Fund argued that employer payments for lost time in 1999-2000 constituted advance payments of compensation, precluding transfer. However, the court affirmed the Board's determination that these payments, made pursuant to a general sick leave plan, did not qualify as advance payments of compensation under § 25-a, thus supporting the transfer of liability to the Special Fund.

Special Fund for Reopened CasesWorkers' Compensation Law Section 25-aStale Claim DoctrineAdvance Payments of CompensationSick Leave BenefitsLiability TransferHeart Attack InjuryReopened CaseAppellate Review of Board DecisionSubstantial Evidence Standard
References
4
Case No. MISSING
Regular Panel Decision
Apr 26, 2013

Claim of Khomitch v. Crotched Mountain Community

Claimant was injured in 2004 and received compensation through February 2007. In 2011, she sought reimbursement for medical bills and lost wages, leading to a stipulation where the carrier paid $4,750 for medical and transportation expenses (M&T). The carrier then sought to transfer liability to the Special Fund for Reopened Cases under Workers' Compensation Law § 25-a. The Special Fund argued the M&T payment was disguised compensation to improperly trigger the liability transfer. The Board Panel, after remittal, concluded that the Special Fund has standing to litigate if the payment was an advance payment of compensation. The Board rescinded the liability transfer to the Special Fund, without prejudice, pending further evidence. The employer and carrier appealed this decision, which was ultimately affirmed.

Workers' Compensation BoardSpecial Fund for Reopened CasesTransfer of LiabilityWorkers' Compensation Law § 25-aMedical and Transportation ExpensesAdvance Payment of CompensationStanding to LitigateClosed Case ReopeningIndemnity BenefitsBoard Panel Decision
References
7
Case No. MISSING
Regular Panel Decision

Claim of Fuentes v. New York City Housing Authority

This case concerns an appeal by the Special Fund for Reopened Cases from a Workers’ Compensation Board decision dated November 15, 2006. The Board had transferred liability for a claimant's 1998 work-related back injury to the Special Fund, pursuant to Workers’ Compensation Law § 25-a. The Special Fund argued that certain payments made to the claimant in late 2005, between November 30 and December 17, were advance payments of compensation, which would preclude the transfer of liability. However, the Board found that these payments were charged to the claimant's accumulated sick leave and did not constitute advance payments of compensation. The court affirmed the Board's finding, concluding that the sick leave payments did not prevent the transfer of liability to the Special Fund because they were not made voluntarily in recognition of employer liability, and thus, the criteria for transferring liability to the Special Fund were met.

Special Fund for Reopened CasesWorkers' Compensation Law Section 25-aAdvance Payments of CompensationSick Leave PlanLiability TransferStale ClaimApplication to Reopen ClaimWork-Related InjuryBack InjuryTreating Physician Report
References
7
Case No. MISSING
Regular Panel Decision

McKee v. American Transfer and Storage

Plaintiff Billy McKee sued AAA American Moving & Storage Co. (AAA) for alleged violations of the Americans with Disabilities Act (ADA) and a state claim of wrongful termination, asserting successor liability against AAA for the actions of its predecessor, American Transfer and Storage. McKee claimed he was injured while working for American Transfer, filed a worker's compensation claim, and was subsequently terminated and denied reasonable accommodation in violation of the ADA. AAA filed a Motion to Dismiss, arguing against successor liability under Texas law. The Court granted AAA’s motion regarding the state claim with leave to amend, finding no express assumption of liability by AAA. However, the Court denied the motion concerning the federal ADA claim, applying Title VII's successor liability principles, which recognize such claims under specific factors to protect employees during ownership changes.

Americans with Disabilities ActSuccessor LiabilityMotion to DismissWrongful TerminationWorker's Compensation ClaimFederal Rules of Civil Procedure Rule 12(b)(6)Title VIIEmployment DiscriminationCorporate LawDisability Rights
References
11
Case No. MISSING
Regular Panel Decision
Dec 26, 2013

Claim of Hunter v. Tops Market, Inc.

The case involves an appeal concerning the transfer of liability to the Special Fund for Reopened Cases under Workers’ Compensation Law § 25-a. The claimant had an established workers' compensation claim for right carpal tunnel syndrome, with a later diagnosis of left carpal tunnel syndrome. Despite a 10% schedule loss of use for the right hand, the employer's request to transfer liability was denied by the Workers' Compensation Board. The Board ruled that the case was never truly closed because issues regarding the left carpal tunnel syndrome remained unresolved, as evidenced by a doctor's report. The Appellate Division affirmed this decision, concluding that substantial evidence supported the finding that further compensation proceedings were still contemplated, thereby preventing the transfer of liability.

Workers' Compensation Law § 25-aSpecial Fund for Reopened CasesCarpal Tunnel SyndromeOccupational DiseaseSchedule Loss of UseTransfer of LiabilityCase ClosureBoard Decision AffirmedAppellate DivisionNerve Conduction Study
References
7
Case No. MISSING
Regular Panel Decision
Feb 06, 2014

Claim of Kettavong v. Livingston County SNF

The Workers’ Compensation Board (WCB) rescinded the transfer of liability from the employer to the Special Fund for Reopened Cases, finding that the claimant's case was not truly closed when the transfer was initially requested. This was due to an unresolved issue of permanent disability, which an independent medical examination report in 2005 had raised. The employer and its workers’ compensation carrier appealed the WCB's decision. The Appellate Division affirmed the WCB's determination, concluding that substantial evidence supported the finding that the case was not closed. The Court also upheld the WCB's authority to rescind prior findings despite the lack of a timely appeal.

Workers' Compensation Law § 25-aSpecial Fund for Reopened CasesTransfer of LiabilityCase ClosingPermanent Partial DisabilityReduced EarningsIndependent Medical ExaminationMaximum Medical ImprovementSubstantial EvidenceBoard Discretion
References
10
Case No. MISSING
Regular Panel Decision

Claim of Porter v. New York State Electric & Gas Corp.

The claimant, who sustained head, neck, and back injuries in 2004, had a workers' compensation case established for occupational disease, with 22.5% liability for neck and back injuries apportioned to the incident. After experiencing continued back problems and being diagnosed with severe biforaminal stenosis, the Chair authorized an MRI in 2010 and lumbar spine surgery in 2011. The workers’ compensation carrier sought to transfer liability to the Special Fund for Reopened Cases under Workers' Compensation Law § 25-a, a request initially denied by a WCLJ but granted by the Board, which found the April 27, 2011 order authorizing surgery constituted a 'true closing' of the case. The Special Fund appealed the Board's decision, arguing against the transfer of liability. The appellate court affirmed the Board's decision, concluding that substantial evidence supported the finding that the case was truly closed, thereby shifting liability to the Special Fund.

Workers' Compensation Law § 25-aSpecial Fund for Reopened CasesLiability ShiftClosed CaseTrue ClosingMedical AuthorizationLumbar Spine SurgeryCervical Spine MRIOccupational DiseaseApportionment
References
8
Case No. MISSING
Regular Panel Decision

Matter of Greey v. Yaphank Fire Department

Claimant, a volunteer firefighter, sustained work-related injuries in December 2005. Her workers' compensation claim was established but marked for no further action as she incurred no compensable lost time. In September 2013, the employer requested to transfer medical liability to the Special Fund for Reopened Cases under Workers’ Compensation Law § 25-a, arguing that more than seven years had passed since the injury and three years since the last payment of compensation. Both the Workers’ Compensation Law Judge and the Workers’ Compensation Board denied this request, finding the case improperly reopened and lacking proof of current liability. The appellate court affirmed the Board's decision, concluding that in the absence of proof of further medical or indemnity benefits payable, and with the claimant's affidavit attesting to no claims for reduced earnings, the Board did not abuse its discretion in denying the transfer of liability.

Workers' CompensationSpecial FundReopened CasesLiability TransferVolunteer FirefighterMedical LiabilityIndemnity BenefitsSeven Year RuleThree Year RuleAppellate Review
References
6
Case No. MISSING
Regular Panel Decision
Feb 08, 2013

Claim of Pankiw v. Eastman Kodak Co.

The case involves an appeal from a Workers’ Compensation Board decision regarding the shifting of liability to the Special Fund for Reopened Cases under Workers’ Compensation Law § 25-a. Claimant, who suffered work-related injuries in 2004, had a 20% schedule loss of use of his left arm opined in 2007, and a consequential right shoulder injury was added in 2008 with a 30% schedule loss of use, for which the Special Fund became liable. In 2011, claimant sought further action, leading a WCLJ to transfer liability to the Special Fund. However, the Board reversed, finding the case was not "truly closed" because the issue of the left arm injury remained unaddressed. The Appellate Division affirmed the Board's decision, holding that the lack of resolution on the left arm injury meant further proceedings were contemplated, thus preventing the case from being deemed truly closed for liability transfer to the Special Fund.

Workers' CompensationSpecial Fund for Reopened CasesSchedule Loss of UseConsequential InjuryCase ClosureLiability ShiftAppellate DivisionFactual DeterminationCompensation PaymentsUnaddressed Issues
References
5
Case No. MISSING
Regular Panel Decision

Scarbrough v. Murrow Transfer Co.

This case consolidates two wrongful death lawsuits filed by Mrs. Alberta Scarbrough and Claud Nolan against Murrow Transfer Company and Billy Ray Burge, stemming from a fatal motor vehicle accident on September 17, 1966. The accident, which resulted in the deaths of Randolph Scarbrough and Jimmy Ray Nolan, occurred when Burge, driving a tractor-trailer for Murrow Transfer, negligently crossed into the opposing lane, causing a collision with a United States Job Corps bus. The court found Burge and Murrow Transfer liable for negligence. Additionally, a third-party action for indemnity or contribution by the defendants against the United States of America was dismissed, with the court ruling that the Federal Employees Compensation Act provided the exclusive remedy for claims against the U.S. related to the Job Corps members' deaths. The plaintiffs were each awarded $28,000 in damages.

Motor Vehicle AccidentWrongful DeathNegligenceRespondeat SuperiorThird-Party ActionIndemnityContributionFederal Employees Compensation ActJob CorpsDamages
References
3
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