CompFox Logo
AboutWorkflowFeaturesPricingCase LawInsights

Updated Daily

Case Law Database

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

Case No. MISSING
Regular Panel Decision

In re the Arbitration bet. New Hampshire Insurance & Utilities Mutual Insurance

This case involves an appeal from an order that partially granted a petitioner's application to vacate an arbitration award. The underlying dispute arose from an accident involving a truck crane that injured Grady McClaney, an employee of Niagara Mohawk Power Corporation, who subsequently received workers' compensation benefits from the respondent carrier. McClaney settled a personal injury action against multiple parties for over $4 million, with Niagara Mohawk waiving its compensation lien as part of the settlement. Subsequently, the respondent initiated a loss transfer arbitration to recoup $50,000 in compensation benefits from the petitioner, Gallagher’s no-fault carrier, citing Insurance Law § 5105 (b) and Workers’ Compensation Law § 29 (1-a). The arbitration panel ruled in favor of the respondent, but the Supreme Court remanded the matter due to procedural defects. On appeal, the court reversed the Supreme Court's order, confirmed the arbitration award, and dismissed the petition, finding the panel's decision rational and the procedural defects non-prejudicial.

Arbitration AwardWorkers' CompensationLoss TransferNo-Fault InsuranceLien WaiverPersonal Injury SettlementAppellate ReviewProcedural DefectsInsurance LawCPLR 7511
References
2
Case No. MISSING
Regular Panel Decision

Claim of Brockington v. University of Rochester

This case addresses an appeal from a Workers’ Compensation Board decision that granted a reduced earnings award to a claimant suffering from a causally related partial disability. The employer and its workers’ compensation insurance carrier contested the award, arguing that the claimant had voluntarily withdrawn from the labor market. However, the claimant testified that her inability to work stemmed from her deteriorating health, an explanation accepted by the Board. Medical evidence, including reports from her treating physician and an independent medical examination, corroborated her claims of 50% disability, chronic pain, and a preclusion from returning to work due to chronic lumbar strain. The Board's finding that the claimant did not voluntarily withdraw from the labor market was affirmed on appeal, as it was supported by substantial evidence.

Workers' CompensationReduced Earnings AwardVoluntary WithdrawalLabor MarketPartial DisabilityChronic PainLumbar StrainMedical EvidenceSubstantial EvidenceAppellate Review
References
2
Case No. MISSING
Regular Panel Decision
Dec 30, 2015

Matter of Curcio v. Sherwood 370 Management LLC

The claimant, a building engineer, sustained a work-related back and neck injury, initially classified as a permanent total disability by a Workers' Compensation Law Judge (WCLJ) with awarded counsel fees. The Workers' Compensation Board (Board) modified this, finding a permanent partial disability with a 90% loss of wage-earning capacity and reduced counsel fees due to an improperly completed application. The appellate court affirmed the Board's decision, citing substantial medical evidence supporting a partial disability and a 90% loss of wage-earning capacity based on the claimant's age, education, work history, and functional abilities. The court also upheld the reduction of counsel fees due to the attorney's failure to accurately complete the required fee application form.

Permanent Partial DisabilityWage-Earning Capacity LossWorkers' Compensation BenefitsCounsel FeesMedical EvidenceVocational FactorsOC-400.1 ApplicationAdministrative AppealAppellate DivisionMedical Impairment Guidelines
References
12
Case No. MISSING
Regular Panel Decision

Claim of Markova v. Metropolitan Opera Ass'n

The employer and its insurance carrier appealed a Workers' Compensation Board decision from September 17, 1979. The Board held that the claimant, a ballet director, suffered a marked permanent partial disability due to two work-related falls in 1966 and 1968, with the second accident being consequential to the first. The Board affirmed a referee's award of $60 per week for reduced earnings. The Appellate Division affirmed the Board's decision, finding substantial medical evidence, including reports from Dr. John Ind and Dr. Michael Laurence, to support the finding of permanent partial disability. The Special Fund was properly discharged from liability.

Workers' CompensationPermanent Partial DisabilityReduced Earnings AwardAppellate ReviewCausally Related InjuryMedical EvidenceThird-Party ActionSpecial Fund LiabilityConsequential AccidentBallet Director
References
3
Case No. MISSING
Regular Panel Decision

Di Piazza v. George Campbell Painting Co.

The case involves the appeal of a Workers' Compensation Board decision concerning a decedent's widow. The decedent sustained fatal injuries from electrocution while working for the employer. The Board initially awarded death benefits, temporary total disability, and facial disfigurement, but later rescinded the disability award, upholding the disfigurement. The employer appealed, arguing the disfigurement award was improper without a permanent partial disability finding. The court reversed the Board's decision, finding that the evidence of grave injuries supported total, not partial, disability, making the disfigurement award irrational. The matter was remitted for further proceedings consistent with the court's decision.

Workers' CompensationFacial DisfigurementTemporary Total DisabilityDeath BenefitsConcurrent AwardsAppellate ReviewStatutory InterpretationMedical EvidenceAccidentElectrocution
References
4
Case No. MISSING
Regular Panel Decision

Claim of Finocchio v. W. A. White Underwear Corp.

The claimant, a sewing machine operator, sustained an injury in 1955 and was later found to have a permanent partial disability in 1963. In 1974, her employer ceased operations, leading to an inability to find new work. The Workers’ Compensation Board awarded benefits for reduced earnings, determining she remained in the labor market. The employer appealed, arguing that the reduced earnings were solely due to economic conditions. The appellate court reversed the Board's decision, finding insufficient proof that the claimant’s disability contributed to her reduced earnings after her employer went out of business, and remitted the case for further findings on the cause of the reduced earnings.

Workers' CompensationPermanent Partial DisabilityReduced EarningsEconomic ConditionsCausationBurden of ProofAppellate ReviewRemittalWorkers' Compensation Board
References
4
Case No. MISSING
Regular Panel Decision

Claim of Salvet v. Union Carbide Linde Division

Claimant sustained two compensable injuries, leading to a permanent partial disability classification in 1983 with a nonschedule award of $95 per week. Subsequently, in 1984, the claimant was diagnosed with a 24.2% occupational binaural hearing loss, resulting in a schedule award of $105 per week for 36.3 weeks. The Workers' Compensation Board, following an application by the carrier, reduced this schedule award to $10 per week. This reduction was based on Workers' Compensation Law § 15 (6) (a), which sets a maximum of $105 per week for compensation for permanent or temporary partial disability, indicating that the aggregate of both awards should not exceed this statutory limit. The appellate court affirmed the Board's decision, ruling that the statutory maximum applies to the total of all permanent partial disability awards, irrespective of whether they are schedule or nonschedule awards.

Workers' Compensation LawPermanent Partial DisabilityOccupational Hearing LossSchedule AwardNonschedule AwardStatutory MaximumAggregate AwardsWorkers' Compensation Board AppealStatutory InterpretationConcurrent Awards
References
6
Case No. MISSING
Regular Panel Decision

In re the Arbitration between Albany County Sheriffs Local 775 & County of Albany

This case concerns an appeal from an order that partially vacated an arbitration award. Jeffrey Stewart, a correction officer, was terminated after exhausting leave benefits due to a job injury. Upon medical clearance, he was reinstated with a probationary period and loss of seniority. His union (petitioner) grieved this, citing a collective bargaining agreement (CBA) provision guaranteeing seniority accrual during disability. The arbitrator denied seniority rights, but the Supreme Court granted the petition to vacate that part of the award. The appellate court affirmed, ruling the arbitrator's interpretation of the CBA was unreasonable and impermissibly disregarded the clear terms regarding seniority for service-incurred disabilities.

ArbitrationCollective Bargaining AgreementSeniority RightsMedical LeaveWorkplace InjuryEmployment LawArbitration Award VacaturContract InterpretationCPLR Article 78Appellate Review
References
10
Case No. MISSING
Regular Panel Decision

Claim of Grugan v. The Record

Claimant sustained a work-related injury to her left hand in 2007, leading to a dispute over whether she should receive a permanent partial disability classification or a schedule loss of use award. The Workers’ Compensation Board ultimately issued a 15% schedule loss of use award, which the claimant appealed. The Appellate Division affirmed the Board's decision, finding that substantial evidence supported the determination. The court noted that claimant had reached maximum medical improvement and her condition was stable, factors supporting a schedule loss of use award. Conflicting medical opinions from the treating orthopedist and an independent medical examiner were resolved by the Board within its discretion.

Schedule Loss of UsePermanent Partial DisabilityWorkers' Compensation BoardMedical EvidenceIndependent Medical ExaminationTreating PhysicianAppellate ReviewBoard DiscretionMaximum Medical ImprovementConflicting Medical Opinions
References
3
Case No. MISSING
Regular Panel Decision
Apr 20, 2006

In re the Arbitration between Mays-Carr & State Farm Insurance

The petitioner appealed an order from the Supreme Court, Erie County, which denied her petition seeking to set aside an arbitration award and to obtain a new hearing before a different arbitrator. The petitioner contended that the arbitrator either exceeded his power or imperfectly executed it, and also alleged partiality, referencing CPLR 7511 (b) (1) (ii), (iii). The court affirmed the lower court's decision, asserting that an arbitrator's power is exceeded only when the award violates strong public policy, is irrational, or explicitly surpasses enumerated limitations. It found the arbitrator's determination, which denied the petitioner an award for economic loss beyond basic economic loss, to be rational and supported by the record, especially given the absence of a serious injury finding. Furthermore, the appellate court dismissed the petitioner's claims of arbitrator bias as speculative, stating that past adverse rulings against her counsel do not inherently establish a lack of impartiality.

Arbitration AwardCPLR Article 75Vacate Arbitration AwardArbitrator ImpartialityExceeded PowerImperfect ExecutionSerious InjuryEconomic LossAppellate ReviewNew York State
References
7
Showing 1-10 of 20,495 results

Ready to streamline your practice?

Apply these legal strategies instantly. CompFox helps you find decisions, analyze reports, and draft pleadings in minutes.

CompFox Logo

The AI standard for workers' compensation professionals. Faster research, deeper analysis, better outcomes.

Product

  • Platform
  • Workflow
  • Features
  • Pricing

Solutions

  • Defense Firms
  • Applicants' Attorneys
  • Insurance carriers
  • Medical Providers

Company

  • About
  • Insights
  • Case Law

Legal

  • Privacy
  • Terms
  • Trust
  • Cookies
  • Subscription

© 2026 CompFox Inc. All rights reserved.

Systems Operational