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

Case No. claim No. 1, claim No. 2
Regular Panel Decision

Colley v. Endicott Johnson Corp.

The case involves an appeal from a Workers' Compensation Board decision concerning two claims. The claimant suffered a back injury in 1985, and that claim was closed in 1986. In 2004, while working in Ohio for MCS Carriers, the claimant sustained another back injury. The Workers' Compensation Law Judge ruled that the 1985 claim was barred from reopening by Workers’ Compensation Law § 123 and that New York lacked subject matter jurisdiction over the 2004 claim. The Workers' Compensation Board affirmed these rulings, leading to this appeal. The appellate court affirmed the Board's decision, confirming the applicability of § 123 to the 1985 claim due to lapsed statutory limits and concluding that insufficient significant contacts existed to confer New York jurisdiction over the 2004 out-of-state injury.

Workers' CompensationJurisdictionStatute of LimitationsReopening ClaimOut-of-state InjurySignificant ContactsAppellate ReviewBack InjuryTruck DriverNew York Law
References
6
Case No. CLAIM NO. 78
Regular Panel Decision

In Re DDI Corp.

This case concerns the application of excusable neglect to a late class proof of claim filed by Raymond Ferrari and other representatives on behalf of a putative class against DDi Corp., a debtor in a pre-arranged chapter 11 case. The claim was filed approximately six weeks after the bar date. The debtors moved to expunge the claim due to untimeliness and procedural defects, while the representatives cross-moved for leave to file late, arguing lack of actual notice. The court denied the cross-motion, finding that the class was an unknown creditor at the time the bar date notice was mailed, and therefore, excusable neglect was not established. Consequently, the debtors' motion to expunge Claim No. 78 was granted.

excusable neglectlate claimclass actionproof of claimbar datebankruptcysecurities fraudchapter 11actual noticeunknown creditor
References
10
Case No. MISSING
Regular Panel Decision
Jun 17, 2002

Claim of Peterson v. Suffolk County Police Department

This case concerns an appeal from a Workers’ Compensation Board decision denying a claimant's second workers' compensation claim. The claimant sustained a left knee injury after slipping on ice on January 1, 1997, for which her initial claim was established. Subsequently, she developed right knee pain and filed a second claim, alleging a causal relationship to the original accident. Conflicting medical opinions were presented by her treating physician, Patrick De Rosa, and the employer's orthopedic specialist, Andrew Dowd, regarding the causal link. The Board found no causal relationship, and the appellate court affirmed, deferring to the Board's discretion in assessing medical credibility.

Workers' CompensationRight Knee InjuryLeft Knee InjuryCausal RelationshipMedical EvidenceConflicting TestimonyAppellate ReviewBoard DecisionSlipped and FellInjury Causation
References
1
Case No. Claim Nos. 4754 and 7181
Regular Panel Decision
Feb 20, 2014

In re Residential Capital, LLC

Caren Wilson filed claims (Claim Nos. 4754 and 7181) asserting secured and unsecured claims against Residential Capital, LLC. The ResCap Borrower Claims Trust objected, arguing the claims were barred by res judicata due to a prior dismissal with prejudice of a related federal action, or were improperly amended/late-filed. The Court applied federal res judicata law, finding that Wilson's claims arise from the same nucleus of facts as the previously dismissed Federal Action. Additionally, Claim No. 7181 was deemed either barred by res judicata or late-filed, and both claims failed to meet pleading standards for RICO and fraud. The Court sustained the Trust's objection, expunging both of Wilson's claims, but modified the automatic stay to allow Wilson to challenge the prior dismissal order in the Virginia District Court.

BankruptcyRes JudicataClaim ObjectionExpungementFailure to ProsecuteRule 41(b) DismissalRICOFraudDebtor-CreditorMortgage Securitization
References
45
Case No. 535753
Regular Panel Decision
Feb 16, 2023

In the Matter of the Claim of Brenda Sanchez

Brenda Sanchez, a former railroad clerk and station agent, filed a claim for workers' compensation benefits in October 2020 for bilateral carpal tunnel syndrome, attributing it to repetitive job duties during her 33-year employment. The employer controverted the claim. Orthopedic surgeon Pamela Levine testified that the condition was causally-related to her job duties. However, a Workers' Compensation Law Judge (WCLJ) disallowed the claim, and the Workers' Compensation Board affirmed, finding no sufficient causal link between the alleged occupational disease and a distinctive feature of her employment. The Appellate Division affirmed the Board's decision, concluding that Sanchez failed to provide sufficient credible medical evidence, as Dr. Levine's testimony did not adequately explain the relationship between claimant's post-1995 duties and her condition, first diagnosed in 2020.

Occupational DiseaseCarpal Tunnel SyndromeCausationMedical EvidenceAppellate ReviewWorkers' Compensation BoardNew York City Transit AuthorityRepetitive Motion InjurySufficiency of EvidenceExpert Testimony
References
7
Case No. 88, 89, 90, 91
Regular Panel Decision
Nov 24, 2025

In the Matter of the Claim of Kimberly McLaurin; In the Matter of the Claim of Sheldon Matthews; In the Matter of the Claim of Melissa Anderson; In the Matter of the Claim of Bolot Djanuzakov

Four claimants (three transit workers and one teacher) sought Workers' Compensation Law benefits in 2020, alleging psychological injuries like PTSD from workplace COVID-19 exposure. The Workers' Compensation Board denied the claims, stating the stress experienced was not "greater than that which other similarly situated workers experienced," thus not constituting a compensable "accident." The Appellate Division reversed, arguing the Board erred by not considering claimants' vulnerabilities and applying disparate burdens compared to physical COVID-19 claims. The Court of Appeals reversed the Appellate Division, reinstating the Board's decisions, clarifying that individual vulnerabilities are immaterial and affirming the "greater stress" standard for compensability.

Workers' Compensation LawPsychological Injury ClaimsCOVID-19 Workplace ExposurePost-Traumatic Stress DisorderCompensable Accident StandardEmotional Stress CriteriaSimilarly Situated WorkersAppellate Division ReversalCourt of Appeals DecisionLegislative Amendments
References
26
Case No. CV-23-1751
Regular Panel Decision
Nov 14, 2024

In the Matter of the Claim of Duane Young

This case concerns an appeal from a Workers' Compensation Board decision regarding the apportionment of a workers' compensation award for claimant Duane Young. Young sustained two separate work-related injuries, one in 1971 and another in 2015. The Workers' Compensation Board modified a Workers' Compensation Law Judge's ruling, determining that apportionment was necessary, allocating 80% of the award to the 2015 claim and 20% to the 1971 claim. The Supreme Court, Appellate Division, Third Judicial Department, affirmed the Board's decision, concluding that it was supported by substantial medical evidence, including independent orthopedic examinations and treating physician evaluations that corroborated the apportionment percentages.

ApportionmentPermanent Total DisabilityPrior InjurySubsequent InjuryMedical EvidenceSubstantial EvidenceAppellate ReviewThird Judicial DepartmentTruck DriverSpinal Injury
References
7
Case No. 534614
Regular Panel Decision
Feb 16, 2023

In the Matter of the Claim of Joseph Marcellino

The case involves an appeal from a Workers' Compensation Board decision concerning claimant Joseph Marcellino's eligibility for a schedule loss of use (SLU) award for permanent injuries to his left elbow and left thumb. Following an April 2015 accident, Marcellino had established claims for multiple injuries, undergoing surgery in 2016. Conflicting medical opinions arose between his treating orthopedic surgeon, Dimitro Christoforou, who assessed significant SLU percentages, and the carrier's orthopedic surgeon, Peter Spohn, who found minimal or no SLU for the left hand, wrist, and thumb. A Workers' Compensation Law Judge (WCLJ) credited Spohn's opinion, awarding 15% SLU for the left wrist but no permanency for the left elbow or left thumb. The Workers' Compensation Board affirmed this decision. On appeal, the Appellate Division, Third Judicial Department, affirmed the Board's decision, reiterating that the Board has the discretion to resolve conflicting medical opinions and reject medical evidence even without opposing proof, finding their determination supported by substantial evidence.

Workers' Compensation LawSchedule Loss of UsePermanent Partial DisabilityMedical EvidenceConflicting Medical OpinionsCredibility AssessmentAppellate DivisionWorkers' Compensation BoardOrthopedic InjuriesElbow Injury
References
7
Case No. CV-22-2103
Regular Panel Decision
May 30, 2024

In the Matter of the Claim of David Brown

Claimant David Brown, a truck driver, sought workers' compensation benefits for injuries sustained during work. The Workers' Compensation Board initially found a right hip injury but later amended the claim to include neck, back, and right wrist injuries, based on substantial medical evidence from treating and independent orthopedic surgeons. The Board also reversed a Workers' Compensation Law § 114-a violation finding against Brown, concluding he did not demonstrate an intent to defraud despite prior accident history. The carrier appealed the Board's decision, challenging both the claim amendment and the fraud finding. The Supreme Court, Appellate Division, Third Judicial Department, affirmed the Board's decision, deferring to the Board's assessment of medical credibility and its finding regarding the absence of fraudulent intent, and also affirmed that an issue raised by the carrier was unpreserved for review.

Workers' CompensationTruck Driver InjuryWorkers' Compensation Law § 114-aFraud AllegationMedical CausationSpinal InjuryWrist InjuryHip InjuryPrior AccidentsDisclosure Requirements
References
16
Case No. 2017 NY Slip Op 03580 [150 AD3d 1349]
Regular Panel Decision
May 04, 2017

Claim of Richards v. Massena Central Schools

Mary Ann Richards, a cleaner, sustained neck injuries in March 2010 while working for Massena Central Schools, leading to an established workers' compensation claim and cervical surgery. In June 2013, she sought to amend her claim to include consequential neurological injuries, specifically scapulothoracic crepitation and mandibular dysesthesia. Both the Workers' Compensation Law Judge and the Workers' Compensation Board denied this amendment, concluding that Richards failed to demonstrate a causal relationship between her established work injury and the alleged consequential conditions. The Appellate Division, Third Department, affirmed the Board's decision, finding it supported by substantial evidence. Multiple medical professionals, including orthopedic surgeons and neurologists, provided opinions that either could not determine the etiology of Richards' symptoms or found no objective evidence linking them to her work injury or subsequent surgery.

Workers' CompensationNeurological InjuryCausationMedical EvidenceAppellate ReviewScapulothoracic CrepitationMandibular DysesthesiaCervical SurgeryIndependent Medical ExaminationBurden of Proof
References
5
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