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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
Nov 22, 1995

Claim of Berry v. New York City Board of Education

Claimant sustained a back injury when she slipped and fell at the employer's district office while picking up her paycheck during vacation. The Workers’ Compensation Board initially found the injury compensable and awarded benefits. The employer appealed, contending the accident did not arise out of or in the course of claimant’s employment. Testimony revealed that employees were mandatorily required to pick up paychecks, even if on vacation, and paychecks could not be mailed. The court found that the Board's decision, based on this testimony, was supported by substantial evidence, and therefore, the Board's decision that the injury arose out of and in the course of employment was affirmed.

Workers' CompensationBack InjuryCompensable InjuryCourse of EmploymentArising Out of EmploymentPaycheck PickupVacationMandatory PolicyCredibility IssueSubstantial Evidence
References
2
Case No. MISSING
Regular Panel Decision

Claim of Dandola v. New York City Department of Correction

Claimant, a correction officer at Rikers Island, sustained a left knee injury after slipping and falling while off-duty but en route to collect his paycheck. The Workers’ Compensation Board determined this injury to be causally related to his employment and awarded benefits, a decision which the employer subsequently challenged. The employer argued that the claimant was not in the course of his employment as he was on a personal errand on a day off. However, the court disagreed, citing legal precedent that an employee collecting pay while off-duty can still be within the scope of employment. The court further noted the employer's own "Paycheck Distribution Procedures" which indicated that in-person pickup was the expected method, thus providing substantial evidence to support the Board's original decision, which was ultimately affirmed.

Off-duty injuryPaycheck collectionScope of employmentCausally related injuryAppellate decisionAffirmedRikers IslandEmployment benefits
References
3
Case No. MISSING
Regular Panel Decision

In re the Claim of Timmons

The case involves an appeal from a decision by the Unemployment Insurance Appeal Board. The claimant, a maintenance worker, was suspended and subsequently discharged after an arbitrator found he had forcibly taken paychecks from his supervisor and challenged him to a fight. The Board disqualified the claimant from receiving unemployment insurance benefits, concluding his actions constituted misconduct. The court affirmed the Board's decision, stating it was bound by the arbitrator's factual findings and that the Board's conclusion had a rational basis.

Unemployment InsuranceMisconductArbitrator FindingsDisqualificationAppeal BoardEmployee DisciplinePaychecksSupervisory ConflictRational BasisAppellate Review
References
4
Case No. ADJ7527243
Regular
Oct 27, 2011

LEANNE FIORENTINO vs. ALLAN HANCOCK COLLEGE, WORKERS' COMPENSATION ADMINISTRATORS

This case concerns a penalty assessed against Allan Hancock College for allegedly unreasonably delaying temporary disability payments to applicant Leanne Fiorentino. The Workers' Compensation Appeals Board granted reconsideration and reversed the original finding. The Board determined that the delay was not unreasonable, as the college was incorporating the applicant's temporary disability benefits into her regular paycheck, which involved necessary calculations and adherence to payroll cut-off dates. Therefore, the penalty was denied.

Allan Hancock Collegesalary continuation planLabor Code section 5814temporary disability benefitsunreasonable delaypenaltyFindings and Awardcumulative trauma injurypsycheWorkers' Compensation Appeals Board
References
7
Case No. MISSING
Regular Panel Decision

Claim of Bordenet v. Maines Paper & Food Service

Claimant was injured slipping on ice in a work parking lot while retrieving a paycheck. His workers' compensation claim, initially denied by a Workers’ Compensation Law Judge, was later reversed by the Workers’ Compensation Board. The employer and its workers’ compensation carrier appealed, arguing that the Board failed to consider their untimely filed rebuttal. The appellate court reversed the Board’s decision and remitted the matter to the Board to exercise its discretion regarding the acceptance of the carrier’s rebuttal.

Workers' CompensationWorkplace InjurySlip and FallParking Lot IncidentPaycheck RetrievalUntimely FilingRebuttal SubmissionBoard ReviewAppellate ReviewRemittal
References
1
Case No. MISSING
Regular Panel Decision
Jul 09, 1984

Claim of Holmes v. Cornell University

A claimant challenged Cornell University's denial of disability benefits, arguing he was not an academic employee excluded from coverage under the Disability Benefits Law. The Workers’ Compensation Board affirmed an administrative law judge's decision, ruling the claimant was not engaged in a professional capacity and thus eligible for benefits. Cornell appealed, but the court affirmed the board's decision, finding its interpretation of the statute within its area of competence was not irrational. The court noted Cornell had previously deducted disability benefit payments from the claimant's paycheck, further supporting the board's classification.

Disability Benefits LawProfessional CapacityAcademic EmployeeCoverage ExclusionWorkers' Compensation BoardStatutory InterpretationPayroll DeductionsEligibility for BenefitsAppellate Review
References
1
Case No. ADJ10229956
Regular
Aug 13, 2018

VIRGIL GRAY vs. ARENA FOOTBALL LEAGUE, SAN JOSE SABERCATS, ZURICH AMERICAN INSURANCE, UNINSURED EMPLOYER BENEFITS TRUST FUND

This case denies the defendants' petition for reconsideration of a finding of joint employment for an industrial knee injury. The applicant, Virgil Gray, was found to be a joint employee of both the Arena Football League and the San Jose SaberCats, despite receiving paychecks from the League. Evidence such as the San Jose SaberCats' direct control over the applicant's work, provision of equipment, and housing, supported the finding that both entities exercised the right to direct and control his activities. The Appeals Board affirmed the administrative law judge's decision, finding the totality of the record supported joint employment.

joint employmentspecial employergeneral employerArena Football LeagueSan Jose SaberCatsZurich American InsuranceUninsured Employer Benefits Trust Fundprofessional athleteindustrial injuryleft knee
References
13
Case No. MISSING
Regular Panel Decision

Claim of Watson v. American Can Co.

The claimant, a matron, was injured while returning from cashing her paycheck at a bank, a task undertaken during her lunch break. The employer had changed its payment method from cash to check after a robbery and made special arrangements with a nearby bank to facilitate check cashing for its employees, including increasing tellers and extending hours. Despite the general rule that injuries off-premises during lunch are not compensable, the court found that the journey was partly for the employer's benefit due to its payment policy. Therefore, the activity was deemed sufficiently related to employment. The decision and award of workmen's compensation were affirmed.

Workmen's CompensationEmployer LiabilityInjury during lunch breakCourse of employmentBenefit of employerCheck cashing policyOff-premises injuryAppealsSelf-insured employerAccident
References
3
Case No. MISSING
Regular Panel Decision

Claim of Schuyler v. City of Newburgh Fire Department

Claimant, having sustained a work-related back injury, was involved in a motor vehicle accident while off-duty. Prior to the accident, he attended physical therapy for his back and picked up his paycheck from his employer. Subsequently, he embarked on personal errands, stopping at a bank and a bike shop before the accident occurred on his way home. The Workers’ Compensation Board determined that the injuries from the motor vehicle accident were not compensable, asserting that the personal errands broke the causal connection to his employment. The appellate court affirmed this decision, finding the Board's conclusion rational despite the initial work-related aspects of the trip.

Workers' CompensationMotor Vehicle AccidentOff-duty InjuriesCausal ConnectionPersonal ActivityScope of EmploymentAppellate AffirmationTrip DeviationPhysical TherapyPaycheck Collection
References
3
Case No. MISSING
Regular Panel Decision

Casalaspro v. Steisel

Petitioner, a sanitation worker, was dismissed from the New York City Department of Sanitation for working at a construction site while on paid leave for a claimed line of duty injury in August 1979. He pleaded guilty to the charges but sought reinstatement via an article 78 proceeding, arguing the charges were legally insufficient and he was unaware of the plea's consequences. The court found his claims unsupported, stating his explanation defied logic and that paid sick leave is not for working elsewhere while collecting a city paycheck. The court concluded the dismissal was not arbitrary or illegal, rejecting the petitioner's arguments, and dismissed the petition.

Sanitation WorkerDismissalMisconductLine of Duty InjuryPaid Leave AbuseArticle 78 ProceedingPublic Trust ViolationEquitable PowersUnclean HandsAbuse of Discretion
References
2
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