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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
Jun 06, 1995

Claim of Glasheen v. New York State Department

Claimant, a General Counsel for the New York Department of State, developed muscular skeletal strain and nerve dysfunction from extensive writing, leading to a diagnosis of cumulative trauma disorder. After an inability to agree on accommodations for her disability, she was terminated in October 1993. The Workers’ Compensation Board established occupational disease and causal relationship, setting the date of disablement as October 3, 1991. The Board further ruled she sustained a causally related partial disability from September 20, 1993 through September 8, 1994, entitling her to benefits. The employer appealed, arguing she voluntarily removed herself from the job market and that the date of disablement was incorrect. The appellate court affirmed the Board's decision, finding substantial evidence supported that claimant did not voluntarily withdraw from the labor market and that October 3, 1991, was the proper date of disablement.

Occupational DiseaseMuscular Skeletal StrainNerve DysfunctionCumulative Trauma DisorderPartial DisabilityDate of DisablementVoluntary Withdrawal from Labor MarketWorkers' Compensation BenefitsEmployer AccommodationMedical Evidence
References
4
Case No. 2023 NY Slip Op 03384 [217 AD3d 1210]
Regular Panel Decision
Jun 22, 2023

Attreed v. Five Star Elec. Corp.

Claimant Kenneth Attreed sustained knee injuries at work, leading to a claim for workers' compensation benefits. Initially, a WCLJ granted him temporary total and partial disability awards. Later, the Workers' Compensation Board modified this decision, ruling that Attreed voluntarily removed himself from the labor market and was not entitled to indemnity benefits from September 28, 2021. Attreed appealed, arguing the Board erred in its finding and the effective date. The Appellate Division, Third Department, affirmed the finding of voluntary withdrawal but held that the proper date for the finding of no labor market attachment was October 25, 2021, the date of testimony, not September 27, 2021, when the issue was raised. Consequently, the court reversed the Board's decision regarding benefits from September 28, 2021, to October 26, 2021, and remitted the matter for further proceedings concerning benefits subsequent to Attreed's October 20, 2021 surgery.

Workers' CompensationLabor Market AttachmentDisability BenefitsVoluntary WithdrawalIndemnity BenefitsTemporary Partial DisabilityTemporary Total DisabilityAppellate ReviewBoard DecisionCOVID-19 Pandemic
References
6
Case No. MISSING
Regular Panel Decision
Aug 19, 1994

Bosley v. Shalala

The plaintiff, Sue A. Bosley, appealed a decision by the Secretary of Health and Human Services that granted her disability benefits from October 1989 to October 1991 but denied them thereafter, based on an Administrative Law Judge's (ALJ) finding that her disability ceased. The District Court, presided over by Judge Curtin, reversed the ALJ's decision. The court found that the ALJ failed to apply the correct legal standard under 42 U.S.C. § 423(f) and 20 C.F.R. § 404.1594 for terminating benefits. Specifically, the ALJ did not adequately compare Ms. Bosley's medical condition post-October 1991 with her prior disabled state, nor did he give proper weight to her treating physician's reports and her own testimony regarding her continued limitations. Consequently, the case was remanded for the computation of benefits for the period after December 31, 1991, concluding that insufficient evidence supported the termination of her disability benefits.

Disability benefits appealSocial Security ActMedical improvement standardTreating physician ruleResidual functional capacitySedentary work limitationsLower back injuryChronic pain managementDepression and anxietyVocational rehabilitation considerations
References
19
Case No. 2025 NY Slip Op 01171 [235 AD3d 591]
Regular Panel Decision
Feb 27, 2025

Lopez v. 18-20 Park 84 Corp.

Plaintiff Felipe A. Lazaro Lopez, a painter employed by Dowd Interiors, Inc., suffered a fall from a ladder during renovation work. Lopez filed a personal injury lawsuit against 18-20 Park 84 Corp., the building owner, under Labor Law § 240 (1). The Supreme Court of New York County initially granted Lopez's motion for partial summary judgment on liability against 18-20 Park 84 Corp. and denied Dowd's motion to dismiss third-party claims for common-law indemnification and contribution. The Appellate Division, First Department, affirmed the grant of partial summary judgment to Lopez. However, it modified the lower court's order by granting Dowd's motion for summary judgment, thereby dismissing the common-law indemnification and contribution claims. This modification was based on the finding that Lopez did not suffer a 'grave injury' as defined by Workers' Compensation Law § 11.

Labor LawSummary JudgmentAppellate DivisionPersonal InjuryConstruction AccidentLadder FallIndemnificationContributionGrave InjuryWorkers' Compensation Law
References
10
Case No. ADJ8180167
Regular
Nov 24, 2014

PASQUAL GARIBAY vs. CALIFORNIA TOWING, AMERICAN CLAIMS

The Workers' Compensation Appeals Board (WCAB) dismissed Pasqual Garibay's petition for reconsideration because it was untimely filed. The WCJ's decision was served on September 8, 2014, and the petition was filed on October 2, 2014, exceeding the 20-day filing deadline for personally served decisions. Since the petition was filed more than 20 days after service and without a mailing extension, the WCAB lacked jurisdiction to consider it. Therefore, the petition for reconsideration was dismissed.

Workers' Compensation Appeals BoardPetition for ReconsiderationUntimely FilingLabor Code Section 5903Jurisdictional Time LimitPersonal ServiceWCJ's DecisionDismissalSan Bernardino District OfficePasqual Garibay
References
7
Case No. 2014 NY Slip Op 05774 [120 AD3d 552]
Regular Panel Decision
Aug 13, 2014

Karanikolas v. Elias Taverna, LLC

This case involves an action to recover damages for personal injuries sustained by Nikolaos Karanikolas, who fell from a ladder while performing construction work in a building owned by 20 John Street, LLC and leased by Elias Taverna, LLC. The plaintiffs alleged common-law negligence and violations of Labor Law §§ 200, 240 (1), and 241 (6). The Appellate Division, Second Department, modified an order of the Supreme Court, Queens County. Key modifications included denying the plaintiffs' motion for summary judgment on Labor Law § 240 (1) liability, granting parts of the defendants' cross-motions to dismiss Labor Law § 241 (6) claims based on specific Industrial Code sections, and granting 20 John Street's cross-motion for contractual indemnification against Elias Taverna. Additionally, the court granted Elias Taverna's cross-motion to dismiss common-law negligence and Labor Law § 200 claims against it, as well as claims for common-law indemnification and contribution.

Personal InjuryConstruction AccidentLadder FallLabor LawSummary JudgmentAppellate ReviewContractual IndemnificationCommon-Law NegligenceIndustrial CodePremises Liability
References
15
Case No. MISSING
Regular Panel Decision

Morin v. Empiyah & Co., LLC

Plaintiffs, represented by Patrick Morin (Empire State Regional Council of Carpenters) and union trust fund trustees, sought unpaid wages and benefits against contractor Empiyah & Company and its surety, Gulf Insurance Company. The action stemmed from carpentry work on the Stony Point Golf Club clubhouse, with claims brought under federal labor laws and New York State Finance Law § 137. After Empiyah defaulted, plaintiffs moved for summary judgment against Gulf. The court, presided by Judge Chin, granted summary judgment, holding Gulf liable under the bond for both actual work performed from October 20-23, 2003, and for wages during the strike days of October 24, 27, and 28, 2003. The decision emphasized Section 137's remedial nature and concluded that Gulf's surety liability extended to Empiyah's obligations, including strike pay, under the Collective Bargaining Agreement.

Unpaid wagesFringe benefitsSurety bondLabor Management Relations ActERISANew York State Finance Law Section 137Summary judgmentPublic improvement contractStrike wagesContractor liability
References
20
Case No. 535098
Regular Panel Decision
Jun 22, 2023

In the Matter of the Claim of Kenneth Attreed

The claimant, Kenneth Attreed, sustained knee injuries at work and filed for workers' compensation benefits. Initially, a WCLJ established the claim and granted temporary total and partial disability awards. Following a subsequent hearing where the employer's carrier raised issues of voluntary withdrawal and lack of labor market attachment, the Workers' Compensation Board modified the WCLJ's determination, finding that the claimant voluntarily removed himself from the labor market and thus had no compensable lost time from September 28, 2021, onward. The Appellate Division, Third Judicial Department, modified the Board's decision, agreeing that the claimant's withdrawal was voluntary but finding that the Board erred in determining the start date of no labor market attachment. The court ruled that the applicable date should be October 25, 2021, when the claimant testified, not September 27, 2021, when the issue was raised. The matter was remitted to the Board to address eligibility for indemnity benefits subsequent to the claimant's October 20, 2021, surgery.

Workers' Compensation BenefitsVoluntary Withdrawal from Labor MarketLabor Market AttachmentTemporary Partial DisabilityTemporary Total DisabilityAppellate DivisionThird Judicial DepartmentClaimant AppealIndemnity BenefitsKnee Injury
References
6
Case No. MISSING
Regular Panel Decision
Jun 29, 1982

Claim of Rooney v. Barker's Department Store

This case involves an appeal from a Workers’ Compensation Board decision filed on June 29, 1982. The Board determined that the claimant's over-all partial disability due to a lower back injury was equally attributable to two work-related accidents (October 20, 1975, and May 13, 1976) and one non-related accident (October 1976). The central issue on appeal was whether the Board erred in apportioning the claimant’s reduced earning rates for the period of September 26, 1977, to July 6, 1979, based on these percentages. The claimant contended that wage-earning capacity for a partially disabled individual should be based on actual earnings, making the degree of causally related disability irrelevant to reduced earnings. The court disagreed, holding that while actual earnings determine wage-earning capacity, an apportionment of reduced earnings based on causation is still permissible to prevent employers from being liable for non-compensable injuries. The court found it rational that each of the three accidents contributed equally to the disability, and affirmed the Board's decision, supported by substantial evidence including medical testimony.

Workers' CompensationPartial DisabilityApportionment of DisabilityReduced EarningsWork-Related InjuryNon-Work-Related InjuryCausationMedical TestimonyAppellate ReviewStatutory Interpretation
References
3
Case No. MISSING
Regular Panel Decision
Oct 10, 1961

Tuvim v. Novelty Veiling Co.

An order entered on October 10, 1961, was unanimously affirmed by the court. The decision included an award of $20 for costs and disbursements to the petitioner-respondent. No opinion was provided to elaborate on the reasons for the affirmation.

Appellate DecisionAffirmed OrderCosts and DisbursementsJudicial ConcurrenceNo Opinion
References
0
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