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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
Jul 25, 2001

Claim of Multari v. Keenan Oil Co.

The claimant appealed a Workers' Compensation Board decision from July 25, 2001, which found that a section 32 waiver agreement included his major depression condition. The claimant had settled two compensation cases from 1972 and 1994 for $93,000, closing both. He later argued the agreement failed to cover his major depression, established in 1996 in conjunction with the 1994 accident. The Board affirmed its jurisdiction and rejected the claimant's contention that the major depression was excluded. The appellate court agreed the Board had jurisdiction to determine if a condition was included in a section 32 agreement. On the merits, the court found the Board correctly concluded the major depression condition was subsumed in the settlement, citing the agreement's unequivocal terms and the claimant's hearing testimony. The agreement stated cases could not be reopened "for any purpose whatsoever" and permanently discontinued weekly benefits that included compensation for depression.

Workers' CompensationSettlement AgreementWaiver AgreementMajor DepressionPsychiatric ConditionJurisdictionSection 32 AgreementAppealBoard ReviewScope of Agreement
References
4
Case No. MISSING
Regular Panel Decision
Aug 26, 2011

Karic v. Major Automotive Companies, Inc.

Plaintiffs, sales representatives, commenced an action against Major World car dealerships and individual defendants, alleging violations of the Fair Labor Standards Act (FLSA) and New York Labor Law (NYLL) due to alleged failures to pay proper minimum wages. They moved for conditional certification of a collective action, approval of a proposed FLSA Notice, and expedited discovery. Defendants opposed, arguing discovery was substantially advanced and thus a heightened standard for certification should apply, and that certain entities should be excluded due to a lack of named representatives. The Court granted the plaintiffs' request for conditional certification, finding they met the minimal burden of showing similarly situated employees and a common compensation policy across all Major World entities. The Court also provided specific instructions for modifying the proposed class notice and ordered defendants to provide contact information for potential opt-in plaintiffs.

FLSANYLLCollective ActionConditional CertificationMinimum WageWage and HourSales RepresentativesCar DealershipsOpt-inSimilarly Situated
References
27
Case No. MISSING
Regular Panel Decision

Chen v. Major League Baseball

John Chen sued Major League Baseball Properties, Inc. and the Office of the Commissioner of Baseball (MLB) under the FLSA and NYLL, claiming minimum wage violations for his unpaid volunteer work during the 2013 Baseball All Star Game's "FanFest". He sought conditional class certification. MLB moved to dismiss the complaint, arguing that Chen was a volunteer and that FanFest, as a seasonal "amusement or recreational establishment," was exempt from FLSA minimum wage requirements. The court granted MLB's motion to dismiss the FLSA claims, finding that FanFest qualified for the Section 13(a)(3) exemption due to its short operational period and status as a distinct physical place of business. Consequently, Chen's motion for collective certification was denied as moot, and his state-law NYLL claims were dismissed without prejudice.

FLSA ExemptionMinimum Wage ClaimsVolunteer EmploymentSeasonal OperationsDistinct Physical Place of BusinessEnterprise vs EstablishmentClass Action DenialState Law Claims DismissalJudicial DiscretionStatutory Interpretation
References
38
Case No. MISSING
Regular Panel Decision

Claim of Major v. New York State Court of Claims

Judge Charles T. Major, a New York Court of Claims Judge, experienced an unusual increase in his workload starting in January 1962, working extended hours and forgoing usual breaks to clear a significant backlog of cases. This intense period culminated in his hospitalization on June 30, 1962, due to pulmonary edema or congestive heart failure, leading to his death the following day. The Workmen’s Compensation Board affirmed an award of death benefits to his widow, concluding that his death resulted from an industrial accident due to the undue anxiety, strain, and mental stress from his work. Medical experts offered conflicting opinions on the causal relationship between his work and death, but the Board accepted the claimant's expert testimony. The appellate court affirmed the Board's decision, citing precedents that recognize mental stress as a compensable cause of injury.

Workers' CompensationDeath BenefitsIndustrial AccidentMental StressUndue AnxietyJudicial WorkloadCausally Related DeathMedical OpinionAppellate ReviewSubstantial Evidence
References
12
Case No. MISSING
Regular Panel Decision

Claim of Velez v. Modern Linens & Towels

Claimant sustained a work-related back injury in 1998, later including major depression, and was deemed to have a permanent partial disability. A 2003 settlement agreement for a $50,000 lump sum under Workers' Compensation Law § 32, with counsel fees, was approved by the Workers’ Compensation Board in February 2004. Claimant subsequently sought to reopen the case, requesting a late payment penalty and challenging the agreement for excluding his depressive disorder. The Board denied both requests, determining no late penalty was due as the agreement was not properly "submitted" per former regulations, and the agreement precluded further compensation for the psychological injury. The appellate court affirmed the Board's decision, agreeing that without a hearing, the agreement was not 'submitted' to trigger late penalties, and upholding the Board's discretionary approval. The court also rejected the contention to nullify the agreement regarding depression, citing a prior finding that the causal relationship between employment and depression had terminated and benefits were focused on the back injury.

Workers' Compensation Law § 32Settlement AgreementLate Payment PenaltyPermanent Partial DisabilityMajor DepressionBoard ApprovalDiscretionary AuthorityWorkers' Compensation BoardLump Sum SettlementCounsel Fees
References
2
Case No. MISSING
Regular Panel Decision

Scodary v. Serritella

Claimant established a work-related neck and left arm injury, receiving workers’ compensation benefits for a brief period in December 2003. Her employment was terminated in January 2004, leading to new issues regarding further causally related disability, consequential depression, and withdrawal from the labor market. Both a Workers’ Compensation Law Judge and the Workers’ Compensation Board denied her claim for consequential depression, asserting that her psychologist's treatment lacked the required referral from an authorized physician under Workers’ Compensation Law § 13-m (2) (a). The appellate court ruled this exclusion of evidence was an error, stating the statute does not create an evidentiary barrier to a psychologist's testimony and records, even without a physician referral. Consequently, the court modified the Board's decision, reversing the exclusion of evidence for consequential depression, and remitted the case for further proceedings.

Workers' Compensation BenefitsConsequential DepressionPsychologist TestimonyReferral RequirementEvidentiary StandardsCausally Related DisabilityLoss of EarningsAppellate ReviewRemittalMedical Evidence Admissibility
References
3
Case No. CV-22-2159
Regular Panel Decision
Oct 10, 2024

Matter of Olorode v. Streamingedge Inc.

Claimant Taiwo Olorode, diagnosed with occupational diseases and subsequently depression from a hostile work environment, sought an increase in his 25% loss of wage-earning capacity (LWEC). This appeal arose after the Workers' Compensation Board affirmed a Workers' Compensation Law Judge's ruling that there was insufficient evidence for an increase. The Appellate Division, Third Department, affirmed the Board's decision, finding substantial evidence. The Board credited the testimony of psychiatrist Robert Conciatori, who stated claimant had a moderate permanent disability but could perform part-time work, noting his past employment. The Board also considered other stressors mentioned by treating psychiatrist Jennifer Moss, concluding these were unrelated to the work accident but contributed to his major depressive disorder.

Workers' CompensationPermanent Partial DisabilityLoss of Wage-Earning CapacityDepressive DisabilityMedical OpinionPsychiatric EvaluationCausal LinkReduced Earning CapacityBoard ReviewAppellate Division
References
5
Case No. 534608
Regular Panel Decision
Jul 20, 2023

Matter of Brown v. New York City Tr. Auth.

Claimant Tracey Brown, a cleaner, sought workers' compensation benefits for anxiety and depression, attributing them to COVID-19 exposure and inadequate safety measures at the New York City Transit Authority. Despite a prior anxiety history, claimant contended her condition re-emerged after a May 2020 anxiety attack, preventing her return to work. Psychologist Eli Isaacson diagnosed a causally-related anxiety and major depressive disorder. However, a Workers' Compensation Law Judge (WCLJ) and subsequently the Workers' Compensation Board disallowed the claim, citing a lack of credible medical evidence linking the psychological condition to employment. The Appellate Division affirmed this decision, concurring that Isaacson's opinion lacked credibility due to its failure to consider claimant's prior anxiety treatment and anxiety experienced outside of work.

Workers' CompensationPsychological InjuryAnxiety DisorderMajor Depressive DisorderCausationMedical EvidenceCOVID-19 ExposureAppellate ReviewCredibilitySelf-insured Employer
References
6
Case No. MISSING
Regular Panel Decision
Jun 07, 2007

Mattison v. Potter

Plaintiff Joy L. Mattison, an African-American female, sued her employer, the United States Postal Service, and its Postmaster General, John E. Potter, alleging employment discrimination under Title VII and the Rehabilitation Act. Mattison claimed she experienced a hostile work environment, disparate treatment, and retaliation due to race, sex, and disability, stemming from alleged harassment by co-workers and supervisors after she reported an overtime issue. She experienced anxiety/depression and requested reasonable accommodation to avoid her original work unit. After various internal processes and EEOC complaints, the defendant moved for summary judgment. The Magistrate Judge recommended granting summary judgment, finding that several claims were abandoned and that Mattison failed to present sufficient evidence for a racially or sexually hostile work environment. Furthermore, the court determined her depressive disorder did not 'substantially limit' a major life activity under the Rehabilitation Act, as her work restriction was specific to one unit rather than a broad class of jobs. The Chief Judge adopted the recommendation, granting summary judgment to the defendants and closing the case.

Employment DiscriminationTitle VIIRehabilitation ActHostile Work EnvironmentDisparate TreatmentRetaliationSummary JudgmentFederal CourtDisability DiscriminationDepressive Disorder
References
52
Case No. MISSING
Regular Panel Decision
Jun 29, 1998

Claim of A'Gard v. Major Builders Corp.

Claimant suffered a back injury in 1986, leading to a permanent partial disability. Years later, he developed significant obesity and diabetes, which he claimed were consequential to his original injury due to reduced physical activity and depression. The Workers’ Compensation Board disallowed this claim, and claimant appealed pro se, alleging procedural misconduct and civil rights violations. The appellate court affirmed the Board's decision, finding no support for the claimant's procedural contentions. Medical testimony provided substantial evidence that the claimant's diabetes and obesity were attributable to preexisting conditions rather than being consequential to the initial back injury.

Workers' CompensationPermanent Partial DisabilityDiabetesObesityConsequential InjuryMedical TestimonySedentary LifestyleGenetic PredispositionAppellate ReviewBoard Decision
References
2
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