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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 22, 2015

Claim of Barrett v. New York City Department of Transportation

The case involves an appeal from a Workers’ Compensation Board decision regarding a claimant injured in a 2011 work-related motor vehicle accident. A WCLJ classified the claimant with a permanent partial disability and a 25% loss of wage-earning capacity, ruling that he would be entitled to 250 weeks of benefits if his full wages ceased. The Board affirmed this, leading the employer to appeal, arguing that the claimant's current full wages meant a 100% wage-earning capacity, rendering the 25% loss finding unlawful. The court affirmed the Board’s decision, distinguishing between 'loss of wage-earning capacity' (fixed, for benefit duration) and 'wage-earning capacity' (fluctuating, for weekly rates).

Workers' CompensationPermanent Partial DisabilityWage-Earning CapacityLoss of Wage-Earning CapacityBenefit DurationAppellate ReviewStatutory InterpretationMotor Vehicle AccidentNew York Workers' Compensation BoardDisability Classification
References
2
Case No. MISSING
Regular Panel Decision

Bryant v. New York Transit Authority

The case concerns cross-appeals from decisions by the Workers' Compensation Board regarding a bus driver's involuntary retirement and lost earnings. The claimant suffered a seizure and physical injuries, leading to disability retirement. The Board initially found involuntary retirement due to permanent partial disability but shifted the burden to the claimant to prove subsequent lost earnings were causally related to his disability after May 13, 2004, concluding his failure to seek work caused the loss. The appellate court reversed, holding that the Board erred in shifting the burden to the claimant, as an involuntary retirement due to a permanent partial disability infers post-retirement lost earnings are due to that disability. The court emphasized that merely not seeking work post-retirement does not defeat this inference or shift the burden. The case was remitted to the Workers' Compensation Board for further proceedings.

Involuntary RetirementPermanent Partial DisabilityLost Earnings CausationBurden of Proof ShiftRebuttable PresumptionFailure to Seek WorkAppellate ReversalRemittiturBus Driver DisabilitySeizure-related Injuries
References
11
Case No. MISSING
Regular Panel Decision

Ortiz v. Leak

The petitioner, who was shot in 1991, applied to the Crime Victims Board for compensation, including lost earnings and vocational rehabilitation. The Board initially awarded compensation for property loss and medical expenses, and later counsel fees. Petitioner appealed the denial of lost earnings and vocational rehabilitation. The Board's denial was based on insufficient evidence of prior employment and occupational limitations. The court affirmed the Board's denial, finding the proof for lost earnings highly speculative and the need for vocational rehabilitation not established. However, the court modified the counsel fee award from $65 to $80, correcting an error regarding the petitioner's retainer payment.

Crime Victims BoardLost EarningsVocational RehabilitationCounsel FeesCPLR Article 78Executive LawSubstantial EvidenceBurden of ProofCompensation DenialAlbany County
References
3
Case No. MISSING
Regular Panel Decision

Border Apparel-East, Inc. v. Guadian

The dissent, authored by Justice Larsen, argues against the majority's decision, which it believes conflates the proof required for lost wages with that for loss of earning capacity. Justice Larsen asserts that evidence of a plaintiff's actual earnings pre-injury is not a prerequisite for demonstrating diminished earning capacity. Citing multiple precedents, the dissent highlights that loss of earning capacity can be substantiated through various factors, not solely a direct work history, and that a jury's discretion in such awards warrants significant deference. The dissent concludes that Ms. Guadian presented sufficient evidence to support her award for lost wage earning capacity, rendering the majority's reversal erroneous.

Lost Earning CapacityDamage AwardsAppellate DissentEvidentiary StandardsJury DiscretionWork HistoryFuture EarningsTexas LawPersonal InjuryNegligence Claims
References
10
Case No. MISSING
Regular Panel Decision

Claim of Frey v. Town of Newstead

This case concerns an appeal from a Workers' Compensation Board decision that awarded benefits to a volunteer firefighter, the claimant, for a causally related loss of earning capacity under the Volunteer Firefighters’ Benefit Law. The claimant was injured in a motor vehicle accident while on duty for the Town of Newstead. A Workers' Compensation Law Judge initially determined a permanent partial disability with a 50% to 75% loss of earning capacity, which the Board affirmed. The employer, Town of Newstead, appealed, arguing a lack of substantial evidence. The appellate court reversed the Board's decision, citing that the claimant's treating physician released her to 'regular duty' with only minor restrictions, and her earnings had increased in the same job since the accident. The matter was remitted to the Workers’ Compensation Board for further proceedings.

Volunteer Firefighters' Benefit LawEarning Capacity AssessmentPermanent Partial DisabilityAppellate Court ReversalRemittal to BoardWorkers' Compensation Board DecisionMedical Opinion EvidenceEmployment RestrictionsWage Increase EffectLine of Duty Injury
References
3
Case No. MISSING
Regular Panel Decision

Housing Authority of Crystal City v. Lopez

Ricardo Lopez sued the Housing Authority of the City of Crystal City, Texas, alleging retaliatory discrimination under the Whistleblower Act after reporting potential conflicts of interest and violations to HUD. The trial court awarded Mr. Lopez damages for past lost earnings, future lost earning capacity, mental anguish, and exemplary damages. On appeal, the Housing Authority challenged the sufficiency of the evidence for all awards. The appellate court reversed the awards for future lost earning capacity and mental anguish, reduced the past lost earnings award, and remanded for recalculation of prejudgment interest. However, the court affirmed the jury's finding of retaliation and malice, upholding the award for exemplary damages.

Whistleblower ActRetaliatory DiscriminationLost EarningsMental AnguishExemplary DamagesMalicePublic EmployeeHousing AuthorityEmployment LawTexas Law
References
16
Case No. 10-99-287-CV
Regular Panel Decision
Jan 19, 2000

City of Cleburne v. Donna R. Trussell and Edwin E. Trussell

This interlocutory appeal under the Texas Civil Practice and Remedies Code addresses whether a court properly denied a plea to the jurisdiction and if lost wages and loss of earning capacity constitute “personal injury damages” recoverable under the Texas Tort Claims Act (TTCA). Donna and Edwin Trussell sued the City of Cleburne after sustaining injuries when a metal plate on a public street collapsed. The City asserted sovereign immunity, arguing that the claimed lost wages and earning capacity were non-recoverable “economic damages.” The appellate court affirmed the denial of the plea to the jurisdiction, ruling that lost wages and loss of earning capacity are indeed personal injury damages recoverable under the TTCA, regardless of the injured party's employment status.

Texas Tort Claims ActSovereign ImmunityPlea to the JurisdictionPersonal Injury DamagesEconomic DamagesLost WagesLoss of Earning CapacityGovernmental LiabilityStreet MaintenanceNegligence
References
9
Case No. MISSING
Regular Panel Decision

City of Cleburne v. Trussell

Donna and Edwin Trussell sued the City of Cleburne under the Texas Tort Claims Act after their vehicle was damaged and Donna was injured due to a collapsed metal plate covering a utility ditch on a public street. The Trussells sought various damages, including lost wages and loss of earning capacity, alleging the City's negligence in street maintenance and warning. The City filed a plea to the jurisdiction, arguing sovereign immunity and that lost wages and loss of earning capacity constitute "economic damages" not recoverable under the Act. The appellate court affirmed the trial court's denial of the plea, holding that the alleged negligence falls under the Act. Furthermore, the court determined that lost wages and loss of earning capacity are indeed "personal injury damages" recoverable under the Texas Tort Claims Act, even for self-employed individuals.

Texas Tort Claims ActSovereign ImmunityPlea to JurisdictionLost WagesLoss of Earning CapacityPersonal Injury DamagesEconomic DamagesMunicipal LiabilityStreet MaintenanceUtility Ditch
References
12
Case No. MISSING
Regular Panel Decision

Claim of Griffo v. Onondaga Hill Volunteer Fire Department

Claimant, a volunteer firefighter, sustained two work-related injuries: a back injury in February 1988 and head, neck, and upper back injuries in April 1990. Despite a classification of permanent partial disability by the Workers’ Compensation Board, the Board ruled that the claimant did not suffer a loss of earning capacity under Volunteer Firefighters’ Benefit Law § 3 (8). The claimant appealed this decision. The appellate court affirmed the Board's decision, noting that the claimant returned to his regular job duties after both accidents and that any subsequently imposed restrictions did not prevent him from performing his usual work. The court also clarified that being denied opportunities for advancement is not relevant to a loss of earning capacity under the applicable law.

Workers' CompensationVolunteer FirefighterEarning CapacityPermanent Partial DisabilityBack InjuryHead InjuryNeck InjuryUpper Back InjuryChiropractic CareEmployment Restrictions
References
4
Case No. MISSING
Regular Panel Decision

Claim of Martone v. Niagara Frontier Transportation Authority-Metro

In 2005 and 2007, a bus driver (claimant) suffered work-related neck and back injuries. Initially, a Workers’ Compensation Law Judge found him permanently totally disabled. However, the Workers’ Compensation Board modified this, determining he had a permanent partial disability with a 75% loss of wage-earning capacity based on medical evidence and other factors. The claimant appealed this decision, arguing a lack of substantial evidence for the partial disability finding. The Appellate Division affirmed the Board's decision, noting medical reports indicating submaximal efforts, high medication dosages, symptom magnification, and the ability to ambulate, which supported the finding of partial disability. The court also upheld the 75% loss of wage-earning capacity, finding it supported by substantial evidence after considering the claimant's impairment, work restrictions, age, education, and work experience.

Permanent Partial DisabilityWage-Earning CapacityChronic Pain SyndromeLumbar Spine SurgeryMedical EvidenceSubmaximal EffortsSymptom MagnificationAppellate ReviewBoard DecisionMedical Treatment Guidelines
References
2
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