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

Case No. MISSING
Regular Panel Decision
Sep 17, 1980

Bass v. Westchester Concrete, Inc.

This case involves an appeal from a Workers’ Compensation Board decision, which was initially filed on March 14, 1980, and later amended on September 17, 1980. The employer's insurance carrier sought reimbursement from the Special Disability Fund under Workers’ Compensation Law § 15(8), claiming a known prior physical impairment of bilateral deafness in the claimant. The record established that the claimant's total disability stemmed from a severe psychoneurotic disorder, with a pre-existing psychiatric condition materially and substantially exacerbating the present disability due to a compensable accident. However, the appeal found no substantial evidence that the employer had prior knowledge of this psychiatric condition; only the bilateral deafness was known, which was deemed incidental to the current disability. Consequently, the Board's decision, which presumably denied reimbursement, was affirmed, with costs awarded to the Special Disability Fund.

Workers' CompensationSpecial Disability FundReimbursement ClaimPrior Physical ImpairmentBilateral DeafnessPsychoneurotic DisorderPre-existing ConditionEmployer KnowledgeTotal DisabilityCompensable Accident
References
0
Case No. MISSING
Regular Panel Decision
Jun 19, 1980

Claim of Pollara v. Air France

The Workers' Compensation Board ruled that the claimant's permanent partial disability stemmed entirely from a May 20, 1976, accident, precluding apportionment despite a prior 1953 back injury. The claimant, a former Navy boiler tender, had undergone back surgery in 1953 but returned to full duty and subsequently worked over two decades in physically demanding roles without significant issues until the 1976 incident at an airline. The appellate court affirmed the Board's decision, finding substantial evidence, including medical testimony, supported the finding that the claimant had no pre-existing compensable disability at the time of the 1976 injury. The court noted that apportionment is inapplicable when a prior condition did not constitute a compensation-related disability.

ApportionmentDisabilityBack injuryLaminectomyPre-existing conditionWorkers' CompensationMedical testimonySubstantial evidencePermanent partial disabilityAppellate review
References
8
Case No. MISSING
Regular Panel Decision

Claim of Huss v. Tops Markets, Inc.

In 1985, claimant sustained a right shoulder injury while employed by Dunlop Tire, resulting in a permanent partial disability. In 1998, he re-injured the same shoulder while working for Tops Markets, Inc., leading to a new workers' compensation claim. An impartial specialist attributed 85% of the disability to the 1985 injury and 15% to the 1998 injury. Although a Workers' Compensation Law Judge initially rejected apportionment, the Board reversed and applied the 85/15 apportionment. Claimant appealed, contending apportionment was unwarranted due to his disclosure of the prior injury and lack of prior disability symptoms. The Appellate Division affirmed the Board's decision, finding substantial medical evidence to support the apportionment.

Workers' CompensationPermanent Partial DisabilityApportionmentPrior InjuryShoulder InjuryCausal RelationshipMedical Expert TestimonyBoard DecisionAppellate ReviewExacerbation
References
3
Case No. MISSING
Regular Panel Decision

Claim of Hogan v. Hilltop Manor of Niskayuna

Claimant, a respiratory therapist, sustained a work-related back injury in November 1999. She had a history of intermittent back pain but consistently performed her job duties without restriction and missed minimal work prior to the incident. Initially, a Workers’ Compensation Law Judge rejected apportionment, but the Workers’ Compensation Board reversed, attributing 50% of the disability to a preexisting condition. The appellate court reversed the Board's decision, clarifying that apportionment is not warranted where a claimant's prior condition was not disabling in a compensation sense and did not prevent them from effectively performing their job. The matter was remitted to the Workers’ Compensation Board for further proceedings.

ApportionmentPreexisting ConditionDisabilityWorkers' Compensation BoardBack InjuryRespiratory TherapistSubstantial EvidenceAppellate ReviewDegenerative Disc DiseaseJob Duties
References
7
Case No. 2023 NY Slip Op 02156 [215 AD3d 1201]
Regular Panel Decision
Apr 27, 2023

Matter of Holder v. Office for People with Dev. Disabilities

Claimant's husband, a house manager for the Office for People with Developmental Disabilities, contracted COVID-19 and passed away in March 2020. Claimant filed for workers' compensation death benefits, alleging his death was causally related to his employment. Initially, a Workers' Compensation Law Judge established the death benefits claim. However, the Workers' Compensation Board reversed this decision, concluding there was insufficient evidence to prove COVID-19 was prevalent in the decedent's work environment prior to his symptoms. The Appellate Division, Third Department, affirmed the Board's decision, finding that the claimant failed to meet her burden of establishing that the decedent contracted COVID-19 in the course of his employment.

COVID-19 DeathWorkers' Compensation BenefitsCausal RelationEmployment ExposureHouse ManagerGroup HomeBurden of ProofSubstantial EvidenceAppellate ReviewAdministrative Review
References
13
Case No. MISSING
Regular Panel Decision
Oct 07, 2009

Claim of Ceplo v. Raymond Corp.

A claimant sustained a work-related injury in 1998 and received workers’ compensation benefits. In 2002, the self-insured employer sought reimbursement from the Special Disability Fund, citing a prior injury under Workers’ Compensation Law § 15 (8) (d). However, the Workers’ Compensation Board denied the employer's claim for reimbursement, ruling that the required C-250 form had been inadequately completed, specifically lacking crucial details about the prior injury and its associated workers' compensation claim. The employer and its third-party administrator subsequently appealed this decision. The Appellate Division affirmed the Board's determination, emphasizing the necessity of strict adherence to the prescribed regulations for claims seeking reimbursement from the Special Disability Fund.

Workers' CompensationSpecial Disability FundReimbursementForm C-250Prior InjuryStrict ComplianceAdministrative AppealAppellate DivisionEmployer LiabilitySelf-insured
References
3
Case No. OAK 0307233
Regular
Oct 16, 2007

LESLEY MORRIS vs. PERMANENTE MEDICAL GROUP, ATHENS ADMINISTRATORS

The applicant sought reconsideration of a workers' compensation award, arguing that the five percent permanent disability apportionment was incorrectly applied to the wrong knee and that no prior award existed for her right knee. The Board denied the petition, finding that a prior award for both knees existed, establishing a conclusive presumption of permanent disability. Because the current disability entirely subsumed the prior disability, the Board upheld the apportionment of the five percent permanent disability from the prior award.

Workers' Compensation Appeals BoardPermanente Medical GroupAthens AdministratorsOAK 0307233Petition for ReconsiderationCorrected Supplemental FindingsAward and Orderpermanent disabilityapportionmentLabor Code section 4664
References
3
Case No. 520210
Regular Panel Decision
Oct 08, 2015

Matter of Scott v. Manhattan and Bronx Surface Transit Operating Authority

Claimant Gilbert Savage sustained work-related injuries in 2003 and was awarded benefits. The employer and its carrier sought reimbursement from the Special Disability Fund under Workers' Compensation Law § 15 (8) (d), arguing for apportionment due to prior injuries. A Workers' Compensation Law Judge denied reimbursement, finding a permanent total disability solely from the 2003 injury, which the Workers' Compensation Board affirmed. The Appellate Division affirmed the Board's decision, concluding that the carrier failed to establish entitlement to reimbursement. The court noted that an independent medical examination report, relied upon by the carrier, was found insufficient due to its failure to review prior medical records or address the hindrance potential of previous injuries.

Workers' CompensationPermanent Total DisabilitySpecial Disability FundReimbursementApportionmentIndependent Medical ExaminationPrior InjuriesMaterially and Substantially Greater DisabilityAppellate ReviewBoard Decision
References
9
Case No. MISSING
Regular Panel Decision

Claim of Baltsavias v. Caldor, Inc.

Claimant sustained work-related injuries in August 1975 and March 1977, leading to a permanent partial disability. The Workers’ Compensation Board apportioned the disability 25% to the 1975 case and 75% to the 1977 case, sustaining awards and an allowance for claimant’s former attorneys. The claimant appealed, arguing for permanent total disability and challenging legal fees. However, the court found these arguments outside the scope of the appeal, noting that prior decisions had established the nature and extent of disability and no timely appeal was taken. Reviewing the record, the court found substantial evidence to support the Board’s factual findings regarding carrier responsibility for medical bills and the average weekly wage. Consequently, the Board’s decision was affirmed.

Workers' CompensationPermanent Partial DisabilityAppealBoard DecisionMedical BillsAverage Weekly WageCausally Related DisabilityTimelinessLegal FeesReopened Cases
References
0
Case No. MISSING
Regular Panel Decision

Matter of Brady v. Northeast Riggers & Erectors

In March 2012, the claimant, a union construction laborer, sustained a work-related back and abdomen injury. A Workers' Compensation Law Judge (WCLJ) initially found the claimant attached to the labor market but deemed a total industrial disability finding premature because permanent disability had not yet been classified. The Workers’ Compensation Board upheld this determination. The claimant appealed, arguing the Board erred in declining to classify him with a temporary total industrial disability. The Court affirmed the Board's decision, asserting that a classification of temporary total industrial disability cannot be made without a prior determination of permanency.

Workers' CompensationIndustrial DisabilityPermanent DisabilityTemporary DisabilityLabor MarketAppellate DivisionBoard DecisionPremature DeterminationGainful EmploymentWork History
References
6
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