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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. ADJ2515407 (OXN 0138411)
Regular
Sep 16, 2013

ROBERT VOELTZ vs. THE KROGER COMPANY dba RALPH'S GROCERY COMPANY permissibly self-insured and administered by SEDGWICK

The Workers' Compensation Appeals Board granted Defendant's Petition for Reconsideration, increasing Applicant's permanent disability from 82% to 89%. The Board found the WCJ erred in the calculation using the Multiple Disabilities Table and in the apportionment of psychiatric disability. Specifically, 10% of the psychiatric disability was apportioned to non-industrial factors per Dr. Charuvastra's opinion. The Board also affirmed the use of the 1997 Permanent Disability Rating Schedule and the admission of Dr. Liker's reports.

VOELTZROBERTKROGER COMPANYRALPH'S GROCERY COMPANYSEDGWICKADJ2515407OXN 0138411WORKERS' COMPENSATION APPEALS BOARDRECONSIDERATIONFINDINGS AND AWARD
References
13
Case No. ADJ1199695 (SRO 0104082) MF
Regular
Dec 09, 2013

DARLENE CONKLIN vs. RUNAWAY TOURS, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) rescinded the prior decision and returned the case for a new determination of permanent disability. While the WCAB agreed the applicant's industrial injury caused 100% permanent disability, they found the prior apportionment calculation was incorrect. The WCAB directed the trial judge to re-calculate the permanent disability using the 1997 Permanent Disability Rating Schedule and the Multiple Disabilities Table to properly address apportionment. The applicant will be reimbursed for the costs of her vocational expert.

WORKERS' COMPENSATION APPEALS BOARDDARLENE CONKLINRUNAWAY TOURSSTATE COMPENSATION INSURANCE FUNDOPINION AND DECISION AFTER RECONSIDERATIONPERMANENT DISABILITYAPPORTIONMENTVOCATIONAL EXPERTADMINISTRATIVE LAW JUDGEAGREED MEDICAL EXAMINER
References
1
Case No. 2021 NY Slip Op 02579 [193 AD3d 1305]
Regular Panel Decision
Apr 29, 2021

Matter of New York Off. for People with Dev.al Disabilities (Civil Serv. Empls. Assn., Inc., Local 1000, AFSCME, AFL-CIO)

The New York Office for People with Developmental Disabilities (petitioner) sought to vacate an arbitration award that reinstated employee Chad Dominie, who was found to have sexually harassed a coworker. The arbitrator had ordered Dominie's reinstatement despite sustaining multiple charges of sexual harassment, citing mitigating factors. Supreme Court granted the petition, vacating the award and remitting for a new penalty before a different arbitrator. The Appellate Division affirmed this decision, holding that the arbitrator's unconditional reinstatement of Dominie violated the strong public policy against sexual harassment in the workplace. The court emphasized the egregious and escalating nature of Dominie's conduct, concluding that the award failed to protect other employees and conflicted with the employer's obligation to eliminate sexual harassment.

Sexual HarassmentWorkplace SafetyArbitration ReviewPublic Policy ViolationEmployee MisconductDisciplinary ProceedingsReinstatement OrderAppellate Court DecisionCollective BargainingEmployer Responsibility
References
9
Case No. MISSING
Regular Panel Decision

Claim of Yanarella v. IBM Corp.

Claimant, a computer programmer, alleged total industrial disability due to multiple chemical sensitivities incurred during her work in a manufacturing environment. The Workers’ Compensation Board's medical examiner and an independent rehabilitation report both concluded she was only permanently partially disabled and remained reasonably employable. The Workers’ Compensation Law Judge classified her as permanently partially disabled, a finding which the Board affirmed. The claimant appealed this decision, raising procedural arguments regarding denied cross-examination and hearings, but the court found these issues were waived or lacked merit as they were not properly raised or requested. Ultimately, the court affirmed the Board's decision, citing substantial medical evidence supporting the conclusion that the claimant was not totally industrially disabled.

chemical sensitivitiesindustrial disabilitycomputer programmerpermanent partial disabilitymedical evidencecross-examination waiverappellate reviewWorkers' Compensation Boardvocational assessmentdue process
References
6
Case No. MISSING
Regular Panel Decision

Matter of Molloy v. DiNapoli

The petitioner, a correction officer, sought performance of duty disability retirement benefits after sustaining multiple left shoulder injuries across several work-related incidents. While the New York State and Local Employees’ Retirement System conceded permanent disability, the respondent Comptroller denied the application, concluding that the initial June 6, 2008 incident was not the proximate cause of the disability. Conflicting medical evidence was presented, with orthopedic surgeon Andrew Beharrie linking the disability to the 2008 incident, while independent medical examiner Bradley Wiener attributed the need for surgical intervention to subsequent incidents in 2009 and 2010. The Hearing Officer and Comptroller credited Wiener's opinion, noting the lack of immediate medical treatment after the first incident and the petitioner's return to full duty. The court affirmed the Comptroller's determination, finding it to be supported by rational, fact-based medical opinion and substantial evidence.

Disability RetirementPerformance of DutyCorrection OfficerShoulder InjuryCausal RelationshipMedical EvidenceIndependent Medical ExaminationComptroller's DeterminationSubstantial EvidenceCPLR Article 78
References
6
Case No. MISSING
Regular Panel Decision
Jan 09, 1991

Claim of Ingham v. Oswego County

The claimant, a nursing assistant for Oswego County, sustained multiple injuries, including to the knee, back, wrist, and head, in an August 1979 accident while assisting a client. Over time, the claimant's condition deteriorated, leading to permanent total disability. A Workers’ Compensation Law Judge initially found a causally related disability for the knee and wrist, later amending it to include the low back and consequential obesity. The self-insured employer, Oswego County, appealed this decision, arguing the back injury claim was untimely and that the disability should be apportioned due to the claimant's prior back history and obesity. The Workers’ Compensation Board affirmed the WCLJ's decision, rejecting the County’s arguments by finding a waiver of the timeliness objection and substantial evidence supporting the aggravation of preexisting conditions as causally related to the 1979 accident, leading to total disability.

Permanent Total DisabilityCausally Related DisabilityAggravation of Preexisting ConditionWaiver of Section 28 DefenseTimeliness of Claim ObjectionConflicting Medical EvidenceSpinal InjuryObesity-Related DisabilityJoint InjuryEmployer Self-Insured
References
3
Case No. ADJ3010489 (SAL 0105858)
Regular
Oct 27, 2017

MICHAEL MAYO vs. SUNRISE MUSHROOMS, INC., STATE COMPENSATION INSURANCE FUND

This case involves an appeal by Sunrise Mushrooms, Inc. and its insurer regarding an award of permanent total disability to Michael Mayo for injuries sustained in 2001. The defendants argued that the medical evidence relied upon by the Workers' Compensation Judge (WCJ) was insufficient, particularly regarding the impact of a functional restoration program and the apportionment of disability. The Appeals Board denied the petition for reconsideration, affirming the WCJ's findings. The Board found that the medical evidence supported the applicant's permanent total disability, that apportionment was properly handled, and that even with the use of the Multiple Disabilities Table, the applicant's rating remained 100%.

Permanent Total DisabilityApportionmentFunctional Restoration ProgramSubstantial Medical EvidenceMultiple Disabilities TableWCJPetition for ReconsiderationIndustrial InjuryNeck DisabilityLumbar Spine Disability
References
0
Case No. MISSING
Regular Panel Decision

Claim of Phillips v. Elmira City School District

The Workers' Compensation Board's decision, finding the claimant to have a permanent partial disability and awarding compensation for lost wages after retirement, was affirmed on appeal. The claimant, a school custodian, suffered multiple injuries from a fall, leading to his classification as permanently partially disabled. The causal relationship between the accident and the disability inferred that his post-retirement wage loss was due to physical limitations. The employer failed to prove that the loss of employment was solely due to unrelated economic or other causes.

Workers' CompensationPermanent Partial DisabilityLost WagesRetirement BenefitsCausally Related DisabilityAppellate DecisionAffirmed DecisionEmployer AppealMedical CausationEconomic Factors
References
2
Case No. MISSING
Regular Panel Decision

Kamrowski v. Vestal Nursing Center

This case concerns an appeal of a Workers' Compensation Board decision from October 27, 2004, regarding a claimant's established work-related bilateral carpal tunnel syndrome and her entitlement to continuing disability payments. The employer and its workers' compensation carrier challenged the sufficiency of medical documentation supporting the claimant's degree of disability subsequent to September 5, 2002. The claimant's treating orthopedist, Dr. David Ellison, had consistently opined that she was totally disabled and in need of surgery, providing multiple medical reports and a questionnaire to support his findings. The Appellate Division affirmed the Board's decision, concluding that Dr. Ellison's medical proof constituted substantial evidence justifying the Board's determination. The Court also dismissed the argument of impermissible gaps in treatment, accepting Dr. Ellison's explanation that delays were due to pending surgery approval.

Workers' CompensationCarpal Tunnel SyndromeDisability PaymentsMedical DocumentationTreating Physician OpinionAppellate ReviewSufficiency of EvidenceGaps in TreatmentWorkers' Compensation Board AppealOrthopedist Testimony
References
3
Case No. MISSING
Regular Panel Decision

Smith v. New York State & Local Retirement Systems

Petitioner, a taxpayer services representative, sustained a back injury in March 1981 while lifting forms, leading to a decline in attendance and eventual termination in November 1989. She applied for accidental and ordinary disability retirement benefits, both of which were denied by the Comptroller. The accidental disability claim was denied because the incident was not deemed an 'accident' under Retirement and Security Law § 63. The ordinary disability claim was denied as untimely, having been filed approximately six months after her termination, exceeding the 90-day limit stipulated by Retirement and Social Security Law § 62. The Supreme Court dismissed the challenge to the ordinary disability denial due to untimeliness and transferred the accidental disability challenge to this Court. This Court confirmed the Comptroller's determination on both counts, rejecting the petitioner's estoppel argument regarding the untimely ordinary disability application and finding substantial evidence to support the finding that the injury did not constitute an 'accident' within the meaning of the relevant law, as it resulted from ordinary employment duties without an unexpected event.

Disability Retirement BenefitsAccidental DisabilityOrdinary DisabilityUntimely ApplicationEstoppel Against GovernmentWork-Related InjuryBack InjuryDefinition of AccidentOrdinary Employment DutiesSubstantial Evidence Review
References
16
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