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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
Jan 17, 1996

Claim of Palevsky v. New York City Board of Education

In 1986, while working as an education associate in the Bronx, the claimant sustained a fractured nose due to a student altercation and filed a timely workers' compensation claim, receiving benefits. The case remained open for a pending nasal surgery issue. Years later, in 1992, the claimant sought compensation for alleged consequential posttraumatic stress disorder. The self-insured employer, the New York City Board of Education, argued that Workers' Compensation Law § 28, a two-year statute of limitations, barred this new claim. However, both the Workers' Compensation Law Judge and the Board affirmed that Section 28 does not apply to consequential injuries. Upon appeal, the Court concurred, holding that a subsequent claim for disability compensation related to injuries in an earlier, timely claim is not barred by the two-year limit for amendment.

Workers' CompensationPosttraumatic Stress DisorderStatute of LimitationsConsequential InjuryWorkers' Compensation Law § 28Time BarBoard DecisionAppealWorkplace InjuryNasal Fracture
References
3
Case No. 525286
Regular Panel Decision
Dec 06, 2018

Matter of Karam v. Rensselaer County Sheriff's Dept.

James J. Karam, a former Lieutenant with the Rensselaer County Sheriff's Department, appealed decisions by the Workers' Compensation Board that denied his claim for benefits, ruling he did not suffer a causally-related mental injury. Karam alleged work-related posttraumatic stress disorder and major depressive disorder stemming from a stressful and discriminatory work environment. The Board affirmed the disallowance, concluding Karam did not experience stress beyond that of a normal work environment and finding his testimony incredible. The Appellate Division affirmed the Board's decisions, upholding its factual findings and credibility assessments, and finding no error in the denial of reconsideration.

Mental InjuryPosttraumatic Stress DisorderMajor Depressive DisorderWorkplace StressCredibility AssessmentAppellate ReviewWorkers' Compensation Board DecisionAdministrative LawEmployment DiscriminationHarassment Claims
References
14
Case No. MISSING
Regular Panel Decision

Claim of Mattoon v. New York State Department of Labor

Claimant, an agency services representative with the Department of Labor, ceased employment in December 1993 due to work-related stress causing depression, posttraumatic stress disorder, and generalized anxiety disorder. Her claim for workers’ compensation benefits was denied by the Workers’ Compensation Board, which found that her inability to cope with work resulted from lawful, good-faith personnel decisions by the employer, as per Workers’ Compensation Law § 2 (7). Claimant appealed, contending that the Board's determination was unsupported by substantial evidence and that her reassignment to a stressful position was not in good faith. The court affirmed the Board's decision, concluding that the employer's actions constituted a lawful personnel decision undertaken in good faith.

Workers' CompensationPsychic InjuryWork-Related StressDepressionPTSDAnxietyLawful Personnel DecisionGood FaithJob ReassignmentAppeal
References
4
Case No. 2017 NY Slip Op 08907 [156 AD3d 1132]
Regular Panel Decision
Dec 21, 2017

Claim of Kraus v. Wegmans Food Markets, Inc.

Claimant, Gerard J. Kraus, a workers' compensation claims adjustor for Wegmans Food Markets, Inc., was terminated due to inconsistent application of a no-fault policy, which led to him receiving threats from unionized employee drivers. He subsequently filed for workers' compensation benefits, alleging a psychiatric occupational disease, including posttraumatic stress disorder (PTSD), depression, anxiety, panic disorder, and insomnia, stemming from work-related stress and threats. The Workers' Compensation Board found that claimant sustained a causally-related accidental psychiatric injury and rejected the employer's contention that claimant violated Workers' Compensation Law § 114-a. The Board also denied the employer's application for reconsideration, full Board review, and a rehearing, deeming some filings untimely. The Appellate Division, Third Department, affirmed the Board's decisions, concluding that the Board's determination of a compensable work-related psychiatric injury was supported by substantial evidence and that the Board properly exercised its discretion in its procedural rulings.

Psychiatric InjuryPTSDWorkplace StressCausationWorkers' Compensation BenefitsEmployer PolicyEmployee TerminationAdministrative ProcedureAppellate DivisionSufficiency of Evidence
References
18
Case No. 535536
Regular Panel Decision
Mar 28, 2024

In the Matter of the Claim of Sheldon Matthews

Claimant Sheldon Matthews, a train conductor, sought workers' compensation benefits for anxiety and exacerbated psychiatric conditions, alleging high COVID-19 exposure risk and insufficient personal protective equipment (PPE) in his workplace. The Workers' Compensation Law Judge (WCLJ) initially found prima facie medical evidence of posttraumatic stress disorder (PTSD) and adjustment disorder but later disallowed the claim, asserting the stress was not unique among workers during the pandemic. The Workers' Compensation Board affirmed this decision. On appeal, the Appellate Division, Third Department, reversed the Board's decision. Citing Matter of Anderson v City of Yonkers, the Court held that the Board improperly applied a disparate burden to claimants seeking benefits for psychological injuries related to COVID-19 exposure compared to those seeking benefits for contracting the virus. The case was remitted to the Board to determine whether the claimant demonstrated a specific COVID-19 exposure or an elevated risk in his work environment, and if a causal connection existed.

COVID-19Workers' CompensationPsychological InjuryAnxietyPTSDAdjustment DisorderWorkplace ExposurePPEAppellate DivisionRemittal
References
1
Case No. MISSING
Regular Panel Decision

Guillo v. NYC Housing Authority

Claimant appealed a Workers’ Compensation Board decision from February 6, 2013, which denied her claim for benefits related to work-induced depression, anxiety, and posttraumatic stress disorder. The Board had reversed a Workers’ Compensation Law Judge's finding, concluding that the claimant failed to demonstrate that the work-related stress was 'greater than that which other similarly situated workers experienced.' The appellate court affirmed the Board's determination, finding substantial evidence supported that the stress was not unusual. The court also noted that claimant's argument regarding a stress-related physical injury was unpreserved for review due to not being raised before the Board.

work-related depressionoccupational stressmental injury claimunusual stress standardworkers' compensation benefits denialappellate affirmanceemployer's testimony creditedclaimant's credibilityunpreserved argument
References
6
Case No. MISSING
Regular Panel Decision
Jun 03, 1999

Claim of Spencer v. Time Warner Cable

Claimant, a former customer service representative and sales department employee, sought workers' compensation benefits for posttraumatic stress disorder and depression, which she attributed to job-related stress. She experienced panic attacks starting in January 1994, leading to a leave of absence and cessation of work by April 1994. The Workers’ Compensation Board denied her claim, finding that the stress resulted from lawful personnel decisions and was not greater than that experienced by her coworkers. The Appellate Division affirmed the Board's decision, concluding that there was substantial evidence to support these findings under Workers’ Compensation Law § 2 (7).

Workers' CompensationPsychic InjuryWork-Related StressPanic AttackPosttraumatic Stress DisorderDepressionLawful Personnel DecisionJob TransferWork EvaluationAppellate Review
References
3
Case No. MISSING
Regular Panel Decision
Mar 15, 2013

Claim of Lucke v. Ellis Hospital

Claimant, a cardiothoracic physician's assistant, sought psychiatric treatment and filed a claim for posttraumatic stress and adjustment disorder after being threatened with physical violence by a surgeon during an operating room procedure. The Workers’ Compensation Board concluded that she sustained a compensable injury due to work-related stress, finding the stress was greater than that which usually occurs in a normal work environment. The employer and its workers’ compensation carrier appealed the decision, arguing mitigating factors and the inadequacy of the Board's findings. The Appellate Division affirmed the Board's decision, holding that the determination was supported by substantial evidence and that the Board's express adoption of the Workers' Compensation Law Judge's findings was sufficient for appellate review.

Workers' CompensationPsychiatric InjuryWork-Related StressPosttraumatic Stress DisorderAdjustment DisorderWorkplace ViolenceEmployer LiabilityBoard DecisionAppellate ReviewSubstantial Evidence
References
5
Case No. MISSING
Regular Panel Decision
Mar 06, 2012

Claim of Cook v. East Greenbush Police Department

The claimant, a patrol officer for the East Greenbush Police Department, filed for workers' compensation benefits after being diagnosed with posttraumatic stress disorder following a traumatic incident in January 2009 involving an armed suspect. His claim was denied by a Workers’ Compensation Law Judge and subsequently affirmed by the Workers’ Compensation Board, who found that the events giving rise to his injury were part of his job responsibilities. The Appellate Division affirmed the Board's decision, reiterating that for a mental injury from work-related stress to be compensable, the stress must exceed that normally encountered in the work environment. The court concluded that while the specific encounter was "extraordinary," the possibility of needing deadly force is an inherent part of a police officer's regular duties, regardless of department size. Therefore, the Board's decision to deny benefits was upheld.

Posttraumatic Stress DisorderPTSDMental InjuryWork-Related StressPolice OfficerAccidental InjuryWorkers' Compensation BenefitsScope of EmploymentNormal Work EnvironmentDeadly Force
References
4
Case No. MISSING
Regular Panel Decision

Claim of Novak v. St. Luke's Roosevelt Hospital

The claimant, a registered nurse, filed for workers' compensation benefits alleging psychiatric injuries (insomnia, depression, posttraumatic stress disorder, and severe social phobia) resulting from harassment by colleagues and supervisors following her wrongful termination and reinstatement. The Workers' Compensation Board denied the claim, ruling that the stress-related mental injuries stemmed from a lawful disciplinary proceeding, specifically a six-month suspension, rather than a compensable injury under Workers’ Compensation Law § 2 (7). The Appellate Division affirmed the Board's determination. The court found that the claimant's work-related stress was not greater than that experienced by similarly situated workers and that the exacerbation of her mental injuries originated from a good-faith personnel decision, not from hostile interactions with coworkers upon her return to work. The decision also noted the claimant's history of receiving medical treatment for psychiatric conditions prior to the alleged workplace incidents.

Workers' CompensationPsychiatric InjuryMental InjuryWork-Related StressDisciplinary ActionPersonnel DecisionGood Faith Employer ActionHarassmentTerminationReinstatement
References
7
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