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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

Matter of Johnson v. T.L. Cannon Management

Claimant, a broiler cook, allegedly sustained a work-related injury in February 2012 but delayed applying for workers' compensation benefits until April 2013. The Workers' Compensation Law Judge initially disallowed the claim, citing claimant's failure to provide timely notice to the employer. The Workers' Compensation Board subsequently affirmed this decision. On appeal, the Court upheld the Board's determination, finding no grounds to overturn it. The Court emphasized the requirement for timely written notice of injury within 30 days, noting that while exceptions exist, excusing such failures remains within the Board's discretion, and the 14-month delay, coupled with the supervisor's lack of recall regarding an injury report, supported the Board's findings.

Workers’ CompensationTimely NoticeEmployer KnowledgeAccident ReportingCredibility DeterminationBoard DiscretionAppellate ReviewInjury ClaimAdministrative AppealWorkers’ Compensation Board
References
7
Case No. MISSING
Regular Panel Decision
Sep 27, 1990

Bruce Coopersmith v. County of Greene

Petitioner appealed the Supreme Court's denial of their application to serve a late notice of claim against the respondent, nearly a year after an accident. The appellate court noted that the respondent did not have actual notice of the claim until the motion was made. The petitioner's stated reasons for the delay, which included a belief that workers' compensation was the exclusive remedy and a lack of knowledge regarding the respondent's ownership of the premises, were deemed insufficient to excuse the delay. The Supreme Court's denial of the motion was affirmed, with the appellate court finding no abuse of discretion.

Late Notice of ClaimGeneral Municipal LawWorkers' CompensationAbuse of DiscretionAppellate ReviewMunicipal LiabilityTimelinessActual Notice
References
4
Case No. MISSING
Regular Panel Decision

Claim of Cortese v. Rochester Products Division, G.M.C.

This case concerns an appeal from decisions of the Workers’ Compensation Board regarding a claimant who developed leg and back pain, culminating in a herniated disc, after a new work assignment involving lifting heavy carburetors. The self-insured employer appealed the Board's findings that the claimant sustained a compensable injury and that her failure to give timely statutory notice was excused. The court affirmed the Board's decisions, asserting that a compensable accident can arise from repetitive trauma leading to a sudden collapse, and the specific onset of severe pain satisfies the suddenness test. Furthermore, the Board properly excused the delayed notice as it neither aggravated the injury nor hindered the defense. Substantial medical evidence supported the causal relationship between the work activities and the injury.

Repetitive TraumaHerniated DiscLaminectomyDelayed Notice ExcusedCausal ConnectionSuddenness TestWorkers' Compensation Board AppealSubstantial EvidenceWork-related InjuryEmployer Liability
References
10
Case No. MISSING
Regular Panel Decision

Lockwood v. City of Yonkers

The petitioner, a firefighter named Garret Lockwood, was injured during a training exercise for the City of Yonkers Fire Department in 2014, falling from a second-story window after a harness failed. His initial motion to file a late notice of claim was denied in 2014, as the court ruled his General Municipal Law § 207-a disability benefits were his exclusive remedy. Lockwood moved to renew his motion based on a 2016 Court of Appeals decision, Matter of Diegelman v City of Buffalo, which changed the law regarding exclusive remedies. The court granted the renewal, finding it timely and the change in law applicable to the petitioner's situation. Subsequently, the court also granted the motion for leave to file a late notice of claim, citing the respondent's actual knowledge of the incident and lack of prejudice due to the delay, despite the petitioner's lack of a reasonable excuse.

Personal InjuryFirefighter InjuryLate Notice of ClaimGeneral Municipal LawWorkers' Compensation BenefitsExclusive Remedy DoctrineMotion to RenewChange in LawDisability BenefitsNegligence
References
23
Case No. ADJ739750 (FRE 0217695), ADJ3422922 (FRE 0217696), ADJ4620151 (FRE 0217213)
Regular
Aug 26, 2010

JERRY WILLIAMS vs. GOLDEN STATE VINTNERS, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration and rescinded prior findings, returning the case to the trial level for further proceedings due to insufficient documentation regarding credit for benefits paid and resolution of EDD liens. The Board also issued a notice of intention to impose a $250 sanction on SCIF for failing to comply with the mandatory rule requiring a computer printout of benefits paid. This failure to provide essential information caused unnecessary delay and appeared to be a bad-faith tactic. The matter requires clarification of calculations and a clear record for review.

WCABGolden State VintnersState Compensation Insurance FundJerry Williamsmaintenance mechanicwinery workerforemancumulative traumabilateral kneeshearing loss
References
0
Case No. 2019 NY Slip Op 05828
Regular Panel Decision
Jul 25, 2019

Matter of Nukicic v. McLane Northeast

Claimant, a truck driver, filed for workers' compensation benefits in March 2017, alleging a work-related injury to his left knee, leg, and hand on October 13, 2016. The employer and carrier controverted the claim, citing a lack of timely written notice within 30 days as required by Workers' Compensation Law § 18. A Workers' Compensation Law Judge initially found timely notice and no prejudice to the employer, but the Workers' Compensation Board reversed this decision. The Board determined that the claimant failed to provide timely written notice and did not establish that the employer was not prejudiced by the delay, rejecting his asserted lack of English proficiency as an excuse. The Appellate Division, Third Department, affirmed the Board's decision, finding substantial evidence to support the Board's findings regarding untimeliness and the claimant's failure to meet the burden of proof regarding lack of prejudice.

Workers' Compensation BenefitsTimely Notice of InjuryWorkers' Compensation Law § 18Employer PrejudiceLack of English ProficiencyAppellate ReviewCredibility DeterminationsTruck Driver InjuryKnee InjuryHand Injury
References
11
Case No. MISSING
Regular Panel Decision
May 22, 1992

Fedorczak v. Dolce

This case involves an appeal from a Supreme Court judgment that annulled determinations by the City of White Plains Commissioner of Public Safety regarding firefighter benefits. The petitioners, firefighters injured in the line of duty, were initially denied benefits under General Municipal Law § 207-a, with their time lost allocated to sick leave. The Supreme Court found that prior Workers' Compensation Board awards had already established that the injuries occurred in the performance of their duties, thus entitling them to benefits. The appellate court affirmed this decision, drawing parallels between General Municipal Law § 207-a and § 207-c, and deeming the respondents' initial determinations arbitrary and capricious. Consequently, the judgment directed the City of White Plains to provide the petitioners with the appropriate benefits under General Municipal Law § 207-a.

FirefightersGeneral Municipal Law § 207-aWorkers' Compensation BoardSick LeaveInjury in Line of DutyCPLR Article 78Appellate DivisionWestchester CountyMunicipal EmployeesPublic Safety
References
5
Case No. MISSING
Regular Panel Decision
Sep 12, 2001

Claim of Oberson v. Bureau of Ferry Aviation & Transportation

The claimant was terminated from his employment as a marine oiler after a physical altercation with his supervisor in January 1993. He sought workers' compensation benefits, claiming a compensable psychological injury from the altercation. A Workers’ Compensation Law Judge disallowed the claim due to the claimant's failure to timely notify the employer of his injury. The Workers’ Compensation Board affirmed this decision, which was subsequently affirmed on appeal. Although the employer had actual knowledge of the altercation and termination, there was no indication they had actual knowledge of a psychological injury stemming from the altercation until 1999, approximately six years later. The Board's determination that the employer did not have timely notice and was prejudiced by the delay was supported by substantial evidence.

Workers' Compensation NoticePsychological Injury ClaimTimeliness of NoticeEmployer PrejudiceActual KnowledgeWorkplace AltercationEmployment TerminationWorkers' Compensation Board AffirmationAppellate ReviewStatutory Interpretation
References
6
Case No. MISSING
Regular Panel Decision
Apr 27, 1984

Annis v. New York City Transit Authority

Petitioner Nicholas Annis, injured in a June 1983 subway derailment, sought to serve a late notice of claim against the Transit Authority after his initial notice was two days past the 90-day period and subsequently disallowed. The Supreme Court initially denied both the application and a motion to renew. On appeal, the order was unanimously reversed. The appellate court found it an improvident exercise of discretion to deny leave, noting the Transit Authority's actual knowledge of the widespread accident and the lack of prejudice from the minimal delay. The petitioner's delay in filing was attributed to his initial belief that his injury was minor, which later worsened, prompting him to retain counsel.

Late Notice of ClaimSubway DerailmentGeneral Municipal Law § 50-eJudicial DiscretionActual Knowledge DoctrinePrejudice AssessmentMotion to RenewPersonal Injury LitigationAppellate ReviewNew York Supreme Court
References
5
Case No. MISSING
Regular Panel Decision

Isereau v. Brushton-Moira School District

This case concerns consolidated appeals from Supreme Court orders granting petitioners Darrell Isereau and Jason K. Houghton leave to file late notices of claim against Brushton-Moira School District. The petitioners, employees of Bette & Cring, LLC, were injured in a construction accident in August 2002, sustaining falls of approximately 15 feet. They sought to file late notices of claim based on alleged incapacitation and the District's actual knowledge of the accident. The respondent District argued prejudice due to late notice and a subsequent insurance disclaimer. The Appellate Division affirmed the Supreme Court's orders, finding no abuse of discretion as the District had actual notice of the essential facts, and the insurance disclaimer was attributed to the District Superintendent's failure, not the petitioners' delay.

Late Notice of ClaimGeneral Municipal LawLabor Law ViolationsPersonal InjurySchool District LiabilityConstruction AccidentFall AccidentActual KnowledgePrejudiceInsurance Disclaimer
References
5
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