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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
Oct 08, 2002

McAllister v. McAllister

This case involves an appeal from a judgment of the Supreme Court, Cattaraugus County, entered on October 8, 2002. The judgment had previously dissolved the marriage, ordered the defendant to pay maintenance, and awarded counsel fees to the plaintiff. The appellate court affirmed the awards of maintenance and counsel fees, finding no abuse of discretion by the trial court. However, the court modified the distributive award, agreeing with the defendant that the plaintiff's share of the net proceeds from the sale of the marital residence should be reduced. This adjustment was made because the trial court erroneously awarded the plaintiff the entire workers' compensation settlement instead of only the amount actually contributed as separate property towards the marital residence repair, resulting in a $1,739.78 reduction in the plaintiff's share.

Matrimonial lawMarital residenceDistributive awardWorkers' compensation settlementMaintenanceCounsel feesProperty divisionSpousal supportJudicial discretionAppellate review
References
2
Case No. 530397
Regular Panel Decision
Dec 17, 2020

Matter of Czachurski v. Pal Envtl.

The claimant, Zbigniew Czachurski, an asbestos worker, filed a claim for workers' compensation benefits in October 2018, alleging binaural hearing loss due to prolonged noise exposure at work. Otolaryngologist Michael Alleva diagnosed him in September 2018. The employer, Pal Environmental, and its carrier controverted the claim as untimely under Workers' Compensation Law §§ 28 and 49-bb. A Workers' Compensation Law Judge initially disallowed the claim. The Workers' Compensation Board modified this, determining the date of disablement was March 3, 2013, and the claimant knew of work-related hearing loss by October 23, 2015 (later clarified as March 23, 2015, based on otolaryngologist Robert Lerch's diagnosis). Consequently, the Board ruled the claim, filed in October 2018, was untimely. The Appellate Division, Third Department, affirmed the Board's decision, finding substantial evidence that the claimant knew of his hearing loss and its probable cause in 2015.

Occupational DiseaseHearing LossWorkers' CompensationTimeliness of ClaimStatute of LimitationsDate of DisablementKnowledge of DiseaseMedical DiagnosisNoise ExposureAppellate Review
References
9
Case No. ADJ4250013
Regular
Mar 01, 2018

LYNELLIA NICHOLS vs. CAPITOL FACTORS, STATE COMPENSATION INSURANCE FUND

This case involves a clerical error in the date of service for a Workers' Compensation Appeals Board decision. The Board's January 8, 2017 decision was mistakenly served, when the correct service date should have been January 8, 2018. The Board is correcting this error without further proceedings, as permitted by statute. The corrected decision will reflect the amended service date of January 8, 2018.

Clerical Error CorrectionDate of ServiceOpinion and OrderWorkers' Compensation Appeals BoardReconsiderationSupplemental ProceedingsAmended Date of ServiceADJ4250013LAO 0725006Capitol Factors
References
1
Case No. MISSING
Regular Panel Decision
Oct 06, 2004

Belleville v. Madame Pirie's, Inc.

Claimant sustained a work-related back injury in 1991 and began receiving workers' compensation benefits. After a third-party personal injury action settlement in 1994, the case was closed in October 1998 with no present deficiency for compensation payments. In 2004, the case was reopened due to a possible new causally connected injury. A WCLJ found no compensable lost time from April 1998 to July 2004, authorized medical treatment, and directed the Special Fund for Reopened Cases was responsible. The Workers’ Compensation Board affirmed this decision, finding that the time periods specified in Workers’ Compensation Law § 25-a (8) were met due to the passage of time without compensation payment in a closed case, and no application for deficiency compensation was made upon reopening. The Special Fund appealed, and the Board's decision was affirmed.

Workers' CompensationSpecial FundReopened CasesLiability ShiftWorkers’ Compensation Law § 25-aThird-Party SettlementBack InjuryDeficiency CompensationMedical Treatment
References
7
Case No. 2025 NYSlipOp 01413
Regular Panel Decision
Mar 13, 2025

Matter of Goss v. WTC Volunteer

Cynthia Goss, a crisis response services provider, volunteered at the World Trade Center site in October and December 2001, after an initial paid assignment. In 2018, she filed a claim for workers' compensation benefits due to sarcoidosis from toxic exposure. A Workers' Compensation Law Judge (WCLJ) initially established the claim, but the Workers' Compensation Board reversed, finding she was not a participant under Workers' Compensation Law article 8-A. The Appellate Division, Third Department, reversed the Board's decision, holding that the Board's determination was not supported by substantial evidence given her direct connection to the rescue, recovery, and cleanup operations, and remitted the matter for further proceedings.

WTC ClaimsVolunteer CompensationToxic ExposureSarcoidosisWorkers' Compensation Law Article 8-AAppellate DivisionSubstantial Evidence ReviewClaim RemittalCrisis Response ServicesNew York Police Department
References
6
Case No. 534831
Regular Panel Decision
Oct 12, 2023

In the Matter of the Claim of Susan Zuhlke

Susan Zuhlke appealed two decisions by the Workers' Compensation Board concerning a schedule loss of use (SLU) award for her right leg injuries. Zuhlke, a teacher, suffered right ankle and knee/tibia fractures in October 2018, later including fibular neuropathy. While a 25.8% SLU for her right foot was stipulated, a dispute arose over the right knee, with the Board ultimately affirming a 15% SLU based on the carrier's medical consultant's opinion and denial of reconsideration. The Appellate Division affirmed the Board's determination, finding substantial evidence supported the 15% SLU award for the right knee, consistent with impairment guidelines and prior Board decisions regarding tibial plateau fractures.

Workers' CompensationSchedule Loss of UseSLURight Leg InjuryTibial Plateau FractureFibular NeuropathyMaximum Medical ImprovementImpairment GuidelinesMedical OpinionsAppellate Review
References
9
Case No. 534831
Regular Panel Decision
Oct 12, 2023

Matter of Zuhlke v. Lake George Cent. Sch. Dist.

Claimant, a teacher, suffered right ankle and knee/tibia fractures in October 2018, later amended to include causally-related fibular neuropathy. She underwent evaluations by two independent medical examiners to determine a schedule loss of use (SLU) award. While an agreement was reached for the right ankle (25.8% SLU), the parties disputed the SLU for the right knee. A Workers' Compensation Law Judge awarded a 15% SLU for the right knee, a decision affirmed by the Workers' Compensation Board. Claimant's subsequent application for reconsideration and/or full Board review was denied. The Appellate Division, Third Department, affirmed the Board's decisions, finding substantial evidence to support the 15% SLU award based on the carrier's consultant's interpretation of impairment guidelines, and upheld the denial of reconsideration.

Schedule Loss of Use (SLU)Tibial Plateau FractureFibular NeuropathyRight Knee InjuryRight Ankle InjuryMedical Impairment GuidelinesIndependent Medical Examination (IME)Workers' Compensation Board AppealAppellate ReviewConflicting Medical Opinions
References
11
Case No. ADJ11844639
Regular
Apr 08, 2019

REINA HERNANDEZ vs. MERCHANTS BUILDING MAINTENANCE, LLC

The Workers' Compensation Appeals Board (WCAB) vacated its prior grant of reconsideration and dismissed the applicant's petition. The WCAB found that the applicant's petition for reconsideration was untimely, as it was filed after the jurisdictional deadline. The arbitrator's decision was issued on October 15, 2018, making the filing deadline November 9, 2018. Since the petition was filed on November 14, 2018, it was dismissed as untimely.

Petition for reconsiderationuntimelyjurisdictionalvacatedismissLabor CodeCal. Code Regs.arbitratorservicemail
References
4
Case No. ADJ8332660
Regular
Feb 28, 2019

CELEDONIO RAMIREZ vs. MANO PALLETS, INC.; IMPERIUM, adjusted by ATHENS

The Workers' Compensation Appeals Board (WCAB) dismissed a Petition for Removal filed by the defendant. The petition was dismissed because it was untimely, as it was filed on December 3, 2018, beyond the November 13, 2018 deadline for seeking removal of the WCJ's October 19, 2018 Findings and Order. The WCAB emphasized that filing with the Board, not just mailing, is required to meet the deadline. Furthermore, even if timely, the petition would likely have been denied due to a lack of demonstrated prejudice.

Petition for RemovalUntimely FilingDismissalWCABWorkers' Compensation Administrative Law Judge (WCJ)Findings and OrderService by MailTime ExtensionProof of FilingSubstantial Prejudice
References
0
Case No. 2020 NY Slip Op 03162
Regular Panel Decision
Jun 04, 2020

Matter of Bruno v. World Trade Ctr. Volunteer Fund

James Bruno, a volunteer at the World Trade Center site, appealed a Workers' Compensation Board decision that rescinded his prior benefits. Bruno, medically discharged from the Army, had an established claim for several conditions. A Workers' Compensation Law Judge (WCLJ) initially awarded benefits but later suspended payments due to Bruno's failure to prove labor market attachment or total industrial disability. The Board subsequently modified the WCLJ's decision, rescinding all prior awards and remitting the matter for further proceedings. The Appellate Division, Third Department, found the Board erred in rescinding benefits for the period of March 8, 2018, through July 13, 2018, as a finding of no labor market attachment was inappropriate before July 13, 2018, the date Bruno failed to provide the required proof.

Labor Market AttachmentTotal Industrial DisabilityRescinded BenefitsClaimant TestimonyMedical DischargeWorld Trade Center Volunteer FundAppellate Division Third DepartmentBoard ReviewBenefits SuspensionJudiciary Law § 431
References
2
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