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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

Claim of LaClaire v. Birds Eye Foods, Inc.

Claimant sustained work-related injuries to her left and right knees in 2007. The Workers' Compensation Board subsequently determined that her condition warranted a marked permanent partial disability classification, entitling her to continuing disability benefits rather than a schedule loss of use award. The employer and its workers' compensation carrier appealed this determination. The court affirmed the Board's decision, finding substantial evidence, including the claimant's orthopedic surgeon's testimony regarding crepitus, swelling, and severe pain, supported the marked permanent partial disability classification. Furthermore, the court concluded that the Board did not abuse its discretion in requiring additional proof concerning any overpayments made to the claimant.

Workers' CompensationPermanent Partial DisabilitySchedule Loss of UseKnee InjuriesAppellate ReviewSubstantial EvidenceMedical OpinionCredibility AssessmentOverpaymentsDisability Benefits
References
6
Case No. MISSING
Regular Panel Decision
Sep 08, 1983

Claim of McNeil v. Geary

The claimant, a groom, injured her left knee in 1979 and was initially found temporarily totally disabled. The Workers' Compensation Board later reclassified her injury as a 15% permanent partial disability of the left leg, dating from the time of injury, and increased her benefits based on wage expectancy due to her being under 25. The employer appealed, arguing that wage expectancy benefits should not apply to the period of temporary total disability and that the record didn't substantiate a permanent partial disability ab initio. The court affirmed the Board's decision, stating that reclassification is a factual determination within the Board's sole province and was based on substantial evidence, and that the Board has continuing jurisdictional power to modify findings.

Permanent Partial DisabilityWage ExpectancyWorkers' Compensation LawInjury ReclassificationBoard JurisdictionSubstantial EvidenceLeft Knee InjuryGroomRiding AcademyTemporary Total Disability
References
4
Case No. MISSING
Regular Panel Decision

Bullard v. St. Mary's Hospital

Claimant, a secretary at St. Mary's Hospital, developed rheumatoid arthritis, resulting in a permanent partial disability. The Workers' Compensation Board ruled it an occupational disease and awarded compensation. Liability was apportioned among three employers: Rochester Savings Bank, Woodward Health Center, and St. Mary's Hospital. The Special Disability Fund (SDF) was deemed liable for benefits after the initial 104-week disability period. SDF appealed, contending its reimbursement should be limited to St. Mary's Hospital's one-third share. The court affirmed the Board's decision, holding that Workers' Compensation Law § 44 makes the last employer (St. Mary's) responsible for total compensation, and Workers' Compensation Law § 15 (8) (d) requires SDF to fully reimburse the employer's carrier, Sedgwick James, for benefits paid after 104 weeks.

Occupational DiseaseRheumatoid ArthritisPermanent Partial DisabilityApportionmentSpecial Disability FundReimbursementWorkers' Compensation LawLast Employer LiabilityInsurance CarrierWorkers' Compensation Board
References
0
Case No. MISSING
Regular Panel Decision

Weldon v. DiNapoli

Petitioner, a State Police investigator, sought disability retirement benefits due to a left shoulder injury sustained in 2003 and 2008, claiming permanent incapacitation. The application was initially denied, and this denial was upheld after a hearing, concluding that the petitioner failed to establish permanent incapacity. The respondent affirmed this determination, leading to a CPLR article 78 proceeding. The court confirmed the determination, citing the lack of permanency findings in the petitioner's medical records and expert opinions from a neurologist and orthopedic surgeon who found no permanent disability. The orthopedic surgeon suggested the condition, diagnosed as chronic regional pain syndrome, was a temporary total disability that could improve with aggressive physical therapy. Consequently, the respondent's determination was supported by substantial evidence, and the petition was dismissed.

State PoliceDisability Retirement BenefitsPermanent IncapacityShoulder InjuryMedical RecordsNeurologist OpinionOrthopedic Surgeon OpinionChronic Regional Pain SyndromeTemporary Total DisabilityCPLR Article 78
References
5
Case No. ADJ9158320, ADJ6695957
Regular
Oct 23, 2017

Marvin Rogers vs. American Medical Response, ACE American Insurance Company

This case concerns a workers' compensation insurer seeking credit for overpaid temporary disability benefits. The applicant, Marvin Rogers, sustained a lumbar spine injury as a paramedic. The insurer paid temporary disability benefits beyond the applicant's permanent and stationary date, but sought credit at the full overpaid amount against permanent disability indemnity. The Appeals Board denied the defendant's petition for reconsideration, upholding the administrative law judge's decision to allow credit only at the lower permanent disability indemnity rate. This denial was based on equitable principles and the fact that the applicant did not act in bad faith, preventing prejudice to the injured worker.

Petition for ReconsiderationTemporary Disability IndemnityPermanent DisabilityCreditOverpaymentLabor Code section 4909Discretionary AuthorityEquitable PrinciplesGood FaithEstoppel
References
9
Case No. MISSING
Regular Panel Decision

Rossiello v. Regan

Petitioner, a supervisor for the Town of Hempstead Parks Department, was injured in August 1990 and subsequently applied for accidental disability retirement benefits. The application was denied by the New York State and Local Employees’ Retirement System and later confirmed by the Comptroller, who found petitioner was not permanently incapacitated despite receiving workers' compensation benefits. Medical experts presented conflicting opinions on the permanency of petitioner's disability, with the Comptroller crediting the Retirement System's expert. The court upheld the Comptroller's determination, finding it supported by substantial evidence. The court also dismissed claims of prejudice and bias against the Hearing Officer, though it decried the officer's 'callous treatment' of the petitioner.

Accidental Disability RetirementPermanent IncapacityWorkers' CompensationMedical Opinion ConflictComptroller DeterminationSubstantial EvidenceJudicial ReviewHearing Officer BiasPublic EmployeesNew York State and Local Employees’ Retirement System
References
4
Case No. MISSING
Regular Panel Decision

Matter of Williams v. Preferred Meal Systems

Claimant, a driver, suffered injuries to his right knee and back in 2009 while making a delivery, leading to an established workers' compensation claim. The claim was later amended to include consequential adjustment disorder, and the Workers' Compensation Board ultimately found that claimant had sustained a permanent total disability from May 2012 onward. The employer, workers’ compensation carrier, and policy administrator appealed this decision, arguing that further proof was needed regarding claimant's vocational and functional capacity. The court affirmed the Board's decision, holding that extensive evidence of vocational and functional capacity is not required when medical proof demonstrates a permanent total disability and inability to engage in any gainful employment, as benefits continue for life in such cases. The court found substantial evidence in the opinions of treating and independent medical examination orthopedists to support the finding of permanent total disability.

Workers' CompensationPermanent Total DisabilityWage-Earning CapacityMedical ProofVocational CapacityFunctional CapacityAppellate ReviewNew York LawDisability BenefitsClaimant Rights
References
4
Case No. ADJ6900339
Regular
Nov 13, 2017

Gloria Frialde vs. TJ Ward, Truck Insurance Exchange, Subsequent Injuries Benefit Trust Fund

This Workers' Compensation Appeals Board decision amends a prior award, primarily by removing a finding of industrial injury related to a sleep disorder. The Board found that the applicant's sleep issues stemmed from pain from her physical injuries, not a separate sleep disorder, and thus not separately compensable. The matter is returned to the trial level to re-determine the applicant's permanent disability, considering the corrected findings and specific instructions regarding life pension and permanent disability indemnity rates. The applicant's claim for benefits from the Subsequent Injuries Benefit Trust Fund was denied.

Workers Compensation Appeals BoardReconsiderationOpinion and DecisionFindings Orders and AwardCumulative TraumaPermanent DisabilityApportionmentSubsequent Injuries Benefit Trust FundVocational ExpertAlmaraz/Guzman
References
10
Case No. MISSING
Regular Panel Decision

Jones v. McCall

Petitioner, a food service worker, applied for ordinary disability retirement benefits, claiming permanent incapacitation due to a stroke. The respondent denied the application, finding insufficient evidence that petitioner was permanently incapacitated from her duties. During the subsequent CPLR article 78 proceeding, a neurologist for the State and Local Employees’ Retirement System testified that neither their examination nor review of medical records showed significant objective neurological dysfunction that was permanent or disabling. The court confirmed the respondent's determination, ruling it was supported by substantial evidence and that the respondent had the authority to credit one medical expert's opinion over conflicting views from treating physicians. The petition challenging the determination was dismissed.

Ordinary disability retirement benefitsCPLR Article 78Stroke incapacitationMedical expert testimonyConflicting medical opinionsSubstantial evidence reviewAdministrative determinationJudicial reviewPermanent incapacitationRetirement System benefits
References
1
Case No. MISSING
Regular Panel Decision

Claim of Mearns v. Sunoco, Inc.

Claimant, an assistant manager at a convenience store, suffered severe psychological injuries including panic attacks and nightmares after being falsely accused and physically accosted by a police officer following a store break-in. She subsequently ceased working and filed for workers' compensation benefits. A Workers’ Compensation Law Judge initially ruled, and the Workers’ Compensation Board later upheld, that she had sustained a permanent total disability. Despite some conflicting medical opinions regarding the severity of her disability, the Board was found to have properly resolved the evidence in favor of the claimant. The Appellate Division affirmed the Board's decision, concluding it was supported by substantial evidence and that there was no basis to disturb the finding of permanent total disability.

permanent total disabilitypsychological traumaworkers' compensation appealmedical expert testimonyconflicting medical evidencepolice misconductworkplace incidentmental healthadministrative lawjudicial review
References
4
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