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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
Mar 04, 1988

In re Nurse Care Registry, Inc.

Nurse Care Registry, Inc., an agency providing health care personnel, appealed a decision by the Unemployment Insurance Appeal Board that classified its workers as employees rather than independent contractors, making Nurse Care liable for unemployment insurance contributions. The court affirmed the Board's decision, finding substantial evidence of Nurse Care's control over key aspects of the services provided by the workers. This control included client contact, worker wages, and billing/collection, which were deemed indicative of an employer-employee relationship. The court relied on precedent establishing that such control warrants an employment finding, despite workers having full-time positions elsewhere and the agency not directly supervising daily work.

unemployment insuranceemployer-employee relationshipindependent contractoradministrative lawappellate reviewlabor lawagency staffingcontrol testsubstantial evidencehealth care industry
References
4
Case No. MISSING
Regular Panel Decision
Nov 08, 2012

Claim of Bailey v. Achieve Rehab & Nursing

Claimant, a nursing assistant, was granted workers' compensation benefits for a permanent partial disability. Following an independent medical examination, the employer's workers' compensation carrier repeatedly attempted to reopen the claim, citing counsel's failure to provide updates on claimant's job search. The Workers' Compensation Board denied these requests, emphasizing the lack of sufficient supporting evidence beyond non-response. Consequently, the Board assessed a $1,000 cost against the carrier under Workers’ Compensation Law § 114-a (3) (i) for pursuing proceedings without reasonable grounds after being clearly advised on evidentiary requirements. The appellate court affirmed this decision, finding no abuse of discretion in the Board's assessment of costs.

Workers' CompensationPermanent Partial DisabilityWork SearchReopening ClaimCosts AssessmentAbuse of DiscretionIndependent Medical ExaminationAppellate ReviewBoard DecisionCarrier Responsibility
References
2
Case No. 2020 NY Slip Op 03711 [185 AD3d 1133]
Regular Panel Decision
Jul 02, 2020

Matter of Pratt v. Gowanda Nursing Home

Claimant Viola B. Pratt injured her back in 2000 while working as a nurse's aide. The employer's carrier sought reimbursement from the Special Disability Fund under Workers' Compensation Law § 15 (8) due to a prior injury. They relied on a pretrial conference statement signed by the Special Funds Conservation Committee (SFCC) conceding applicability. The Workers' Compensation Board discharged the Special Disability Fund from liability, ruling the statement was not legally binding as it was never adopted or approved. The carrier appealed, arguing the Special Funds Group should be equitably estopped from denying reimbursement. The Appellate Division, Third Department, affirmed the Board's decision, finding it was not reasonable for the carrier to rely on the unapproved pretrial conference statement.

Workers' CompensationSpecial Disability FundEquitable EstoppelPretrial ConferenceStipulationReimbursementPermanent Partial DisabilityAppellate DivisionWorkers' Compensation BoardPrior Injury
References
2
Case No. MISSING
Regular Panel Decision
Jul 19, 2007

Claim of Torrance v. Loretto Rest Nursing Home

Claimant, a food service worker for Loretto Rest Nursing Home, suffered a work-related injury and received workers' compensation benefits. While receiving partial disability benefits, she took a light duty job with another employer. Loretto subsequently terminated her employment, citing a collective bargaining agreement provision against "moonlighting" while on leave. Claimant filed a discrimination claim under Workers’ Compensation Law § 120. A Workers’ Compensation Law Judge initially found discrimination, but the Workers’ Compensation Board reversed. On appeal, the Board's decision was affirmed, as Loretto's termination was deemed a non-discriminatory application of a neutral company policy.

Discrimination ClaimWorkers' Compensation BenefitsPartial DisabilityLight Duty EmploymentTermination of EmploymentCollective Bargaining AgreementNeutral PolicyCausal NexusAppellate ReviewWorkers' Compensation Law § 120
References
10
Case No. MISSING
Regular Panel Decision

Claim of Robinson v. Lawrence Nursing Home

The decedent, a pot washer for Lawrence Nursing Home, was found stabbed to death on the employer's premises during his work shift. The Workers’ Compensation Board initially disallowed the claim for death benefits, concluding the death resulted from a personal act unrelated to his work activities, thereby overcoming the Section 21 presumption that an accident in the course of employment arose out of employment. The claimant appealed this decision, arguing that the evidence used by the board to overcome the presumption was uncorroborated hearsay. However, the appellate court affirmed the board's decision, asserting that the weight of the hearsay testimony and the reasonable inferences drawn from the circumstances were within the board's fact-finding province, providing substantial evidence for the disallowance. Consequently, the Board's disallowance of death benefits was upheld.

Workers' CompensationDeath BenefitsCourse of EmploymentArising out of EmploymentPresumption of CompensabilityHearsay EvidenceSubstantial EvidencePersonal ActEmployer PremisesManslaughter
References
1
Case No. MISSING
Regular Panel Decision

Baker v. Hudson Valley Nursing Home

A nurse's aide, referred to as the claimant, was assaulted by a co-worker during an authorized break at work after being accused of spreading gossip. The incident occurred on the employer's premises and involved comments allegedly made about another employee. The Workers’ Compensation Law Judge and subsequently the Workers’ Compensation Board found that the claimant sustained an accidental injury arising out of and in the course of her employment, awarding benefits. The employer and its insurance carrier appealed, arguing the assault was personal. However, the court found a sufficient nexus between the motivation for the assault and the claimant's employment, as the parties had no association outside of work and the dispute was work-related. Consequently, the Board's decision to award workers' compensation benefits was affirmed.

Workers' CompensationWorkplace AssaultArising Out of EmploymentCourse of EmploymentPersonal AnimosityNexusSubstantial EvidenceNurse's AideGossipEmployee Dispute
References
3
Case No. MISSING
Regular Panel Decision

Claim of Smith v. Waterview Nursing Home

A 63-year-old nurse’s aide sustained work-related injuries and her workers’ compensation case was established. She was offered a light-duty position by her employer, but her daughter informed the employer that claimant could not work. The Workers’ Compensation Law Judge and the Workers’ Compensation Board subsequently concluded that by rejecting the offer, claimant had voluntarily withdrawn from employment and denied her further benefits. The Appellate Division reversed this decision, finding that the employer failed to provide substantial evidence regarding the specifics of the light-duty position, its requirements, duties, or suitability for the claimant's medical limitations. The court held that without such proof, the Board's finding of voluntary withdrawal was not supported by substantial evidence. The matter was remitted to the Workers’ Compensation Board for further proceedings consistent with the court's decision.

Workers' CompensationLight-Duty AssignmentVoluntary WithdrawalLabor MarketMedical LimitationsSubstantial EvidenceReversalRemittiturNurse's AideEmployment Benefits
References
3
Case No. 517446
Regular Panel Decision
Jul 24, 2014

MatterofBaileyvAchieveRehabandNursing

Claimant Cindy Bailey received workers' compensation benefits for injuries sustained as a nursing assistant. An independent medical examination found her capable of working with restrictions. The employer's workers' compensation carrier repeatedly sought to reopen her claim based on her counsel's failure to provide an updated account of her employment search. The Workers' Compensation Board denied the requests, having previously warned the carrier that such a failure, without additional supporting evidence, was insufficient to reopen the claim. Consequently, the Board assessed $1,000 in costs against the carrier pursuant to Workers' Compensation Law § 114-a (3) (i). The employer and carrier appealed this assessment. The Appellate Division affirmed the Board's decision, finding no abuse of discretion.

Workers' CompensationCosts AssessmentReopening ClaimWork Search InquiryPermanent Partial DisabilityAppellate DivisionNew York LawAbuse of DiscretionCarrier LiabilityStipulation
References
2
Case No. 517853
Regular Panel Decision
Nov 06, 2014

MatterofGioiavCattaraugusCountyNursingHome

Claimant, a nurse's aide, injured her back and established a workers' compensation claim. The Workers' Compensation Board (WCB) determined her wage loss benefits should be based on her actual reduced earnings from her current job, increasing her degree of disability from an earlier Workers' Compensation Law Judge's decision. The employer and its worker's compensation carrier appealed, contending the Board should have considered evidence of the claimant's capacity to earn more. The Supreme Court, Appellate Division, Third Judicial Department, affirmed the WCB's decision. The Court ruled that for claimants who have demonstrated attachment to the labor market, wage earning capacity must be determined exclusively by actual earnings during disability, without considering evidence of capacity to earn more or less, including medical evidence of the degree of disability.

Workers' CompensationPermanent Partial DisabilityReduced EarningsWage Loss BenefitsLabor Market AttachmentActual EarningsNew York Appellate DivisionEmployer AppealMedical EvidenceDisability Benefits
References
8
Case No. CV-23-1969; 2025 NY Slip Op 01844
Regular Panel Decision
Mar 27, 2025

Matter of Serrano v. Bay Park Ctr. for Nursing & Rehabilitation

Claimant Jaime Serrano, a housekeeper, sustained work-related injuries in 2014, leading to a workers' compensation claim for left shoulder and lower back issues, later expanded to include consequential depression. A Workers' Compensation Law Judge initially found him to have a temporary total disability and subsequently a permanent total disability. However, the Workers' Compensation Board, upon review, determined that there was insufficient credible medical evidence to establish a permanent total disability and denied his application for reconsideration. The Appellate Division affirmed both Board decisions, finding substantial evidence supported the Board's conclusion that the claimant was capable of some work and gainful employment.

Workers' CompensationPermanent Total DisabilityTemporary Total DisabilityMedical EvidenceLabor Market AttachmentRotator Cuff SurgeryConsequential DepressionPsychiatric EvaluationOrthopedic EvaluationMaximum Medical Improvement
References
8
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