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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

Claim of McDonald v. Danforth

Claimant, a heavy construction worker, sustained a hand burn in August 1996, which led to the development of psoriasis affecting multiple body parts. His treating dermatologist determined the psoriasis was causally related to his employment due to aggravation from heavy tools and work. The employer contested this, but their expert's report, while noting genetic predisposition, conceded the possibility of work-related aggravation and onset after the burn. The Workers’ Compensation Board affirmed the finding of causal relationship and denied the employer's request for an adjournment for expert testimony. The appellate court affirmed the Board's decision, citing the presumption in favor of claimant's medical reports and finding no prejudice to the employer. The court also clarified that aggravation of a non-occupational condition can lead to benefits if a distinctive employment feature causes a new disability.

Workers' CompensationPsoriasisCausal RelationshipAggravation of Pre-existing ConditionMedical EvidenceAdjournment DenialExpert TestimonyWorkers' Compensation LawOccupational DiseaseAppellate Review

References

Case No. 650113/13; Appeal No. 1742; Case No. 2021-00579

Regular Panel Decision

Feb 27, 2024

Cooney v. City of N.Y. Dept. of Sanitation

Plaintiff Robert Cooney appealed an order granting summary judgment to defendants, City of New York Department of Sanitation (DSNY), in a case alleging discriminatory medical disqualification for a sanitation worker position due to psoriasis. The Appellate Division, First Department, affirmed the lower court's decision, concluding that DSNY's finding was not discriminatory under New York State and City Human Rights Laws. Defendants demonstrated that no reasonable accommodation would enable Cooney to perform the job duties safely and effectively. DSNY engaged in an interactive dialogue, and its medical director rejected proposed accommodations, explaining that the plaintiff's chronic psoriasis would be exacerbated by the work environment, rendering treatment ineffective and making him vulnerable to infection. The court found that defendants were entitled to rely on their medical director's opinion, despite a conflicting opinion from plaintiff's treating physician.

Employment DiscriminationPsoriasisReasonable AccommodationHuman Rights LawMedical DisqualificationSanitation WorkerSummary JudgmentAppellate ReviewInteractive DialogueDisability Rights

References

Case No. 2015 NY Slip Op 03465 [127 AD3d 629]

Regular Panel Decision

Apr 28, 2015

Cooney v. City of New York Department of Sanitation

The case involves Robert Cooney's claim of disability-based discrimination against the City of New York Department of Sanitation (DOS). Cooney alleged that DOS refused to hire him as a sanitation worker solely due to his psoriasis condition on his hands, despite his qualifications. The Supreme Court initially dismissed Cooney's complaint for failing to state a cause of action. However, the Appellate Division reversed this decision, finding that the complaint adequately pleaded a cause of action under the New York State and New York City Human Rights Laws, noting that gloves could serve as a reasonable accommodation. The court further determined that whether DOS was justified in disqualifying Cooney could not be resolved from the complaint alone, and highlighted that the motion to dismiss was not converted to a motion for summary judgment.

Disability discriminationHuman Rights LawPsoriasisRefusal to hireReasonable accommodationMotion to dismissSummary judgment conversionCPLR 3211(a)(7)New York State Human Rights LawNew York City Human Rights Law

References

Case No. MISSING

Regular Panel Decision

Tosha Restaurants, LLC v. New York State Division of Human Rights

Shane A. Fuller was terminated from his part-time dishwasher position at a Denny's Restaurant due to a skin condition (psoriasis and cellulitis). He filed a complaint with the New York State Division of Human Rights, alleging disability discrimination. The Administrative Law Judge and subsequently the Commissioner of Human Rights found the employer guilty of an unlawful discriminatory practice under Executive Law § 296 and awarded Fuller damages for lost pay, counseling, and pain and suffering. The employer (petitioner) commenced a proceeding to annul this determination. The court reviewed the employer's explanations for termination (customer complaints, health concerns, scheduling issues) and found them to be pretexts for discrimination. The court confirmed the determination of the New York State Division of Human Rights and dismissed the employer's petition.

Disability DiscriminationEmployment TerminationPsoriasisCellulitisUnlawful Discriminatory PracticeExecutive LawHuman Rights LawAppellate ReviewAdministrative DeterminationPretext for Discrimination

References

Case No. MISSING

Regular Panel Decision

Claim of Grabinsky v. First At Nursing Services

The Special Disability Fund appealed a Workers’ Compensation Board decision that allowed an employer’s workers’ compensation carrier to seek reimbursement from the Fund under Workers’ Compensation Law § 15 (8) (d). The employer sought reimbursement for a claimant with preexisting conditions, arguing these contributed to her disability. To obtain reimbursement, an employer must prove the claimant's preexisting permanent impairment hindered job potential, a subsequent work-related injury, and a permanent disability substantially greater due to both conditions. This Court found the employer failed to establish that the claimant's preexisting conditions, such as diabetes, psoriasis, and depression, hindered her job potential, as required by Workers’ Compensation Law § 15 (8) (b). Consequently, the Board’s decision was deemed unsupported by substantial evidence and was reversed, with the matter remitted for further proceedings.

Workers' CompensationSpecial Disability FundReimbursementPreexisting ConditionsPermanent ImpairmentJob PotentialSubstantial EvidenceAppellate ReviewStatutory InterpretationWorkers' Compensation Law § 15(8)

References

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Claim of McDonald v. Danforth

Workers' CompensationPsoriasisCausal RelationshipAggravation of Pre-existing ConditionMedical EvidenceAdjournment DenialExpert TestimonyWorkers' Compensation LawOccupational DiseaseAppellate Review

Cooney v. City of N.Y. Dept. of Sanitation

Employment DiscriminationPsoriasisReasonable AccommodationHuman Rights LawMedical DisqualificationSanitation WorkerSummary JudgmentAppellate ReviewInteractive DialogueDisability Rights

Cooney v. City of New York Department of Sanitation

Tosha Restaurants, LLC v. New York State Division of Human Rights

Disability DiscriminationEmployment TerminationPsoriasisCellulitisUnlawful Discriminatory PracticeExecutive LawHuman Rights LawAppellate ReviewAdministrative DeterminationPretext for Discrimination

Claim of Grabinsky v. First At Nursing Services