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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

Rosado v. Barnhart

Plaintiff Concepcion Perez Rosado sought judicial review of the Commissioner of Social Security's denial of her application for disability benefits, alleging errors in the administrative hearing. The District Court found that the Administrative Law Judge (ALJ) failed to adequately develop the medical record, specifically regarding a treating psychologist's incomplete report and a lack of proper inquiry into missing information. The ALJ also incorrectly applied the legal standard for assessing Rosado's mental Residual Functional Capacity (RFC), conflating the "B" criteria for severity with the more detailed RFC assessment required for work-related functions. The court ruled that these failures constituted legal error, depriving Rosado of a full and fair hearing. Consequently, Rosado's motion for judgment on the pleadings was GRANTED, the Commissioner's motion was DENIED, and the case was REMANDED to the Commissioner for further administrative proceedings consistent with the Decision and Order, including further development of the medical record and proper RFC assessment.

Social Security ActDisability BenefitsSupplemental Security Income (SSI)Administrative Law Judge (ALJ)Medical Record DevelopmentTreating Physician RuleResidual Functional Capacity (RFC)Mental ImpairmentDepressionAnxiety
References
30
Case No. MISSING
Regular Panel Decision

Vay v. Comm'r of Soc. Sec.

Plaintiff Emily R. Vay sought judicial review of the Commissioner of Social Security's final decision denying her application for Supplemental Security Income (SSI) under Title XVI of the Social Security Act. Plaintiff alleged disability due to anxiety, attention deficit hyperactivity disorder, pervasive development disorder, Asperger's syndrome, and learning disability since January 16, 2014. Her application was initially denied, and after a hearing before Administrative Law Judge William M. Manico, an unfavorable decision was issued on January 21, 2016, which became the Commissioner's final decision after the Appeals Council denied review on May 26, 2017. Before the District Court, both parties filed cross-motions for judgment on the pleadings. Plaintiff argued that the ALJ failed to develop the record regarding recent treatment, improperly assessed her credibility, and mischaracterized her impairments, leading to an unsupported Residual Functional Capacity (RFC) finding. The Court, presided over by Judge Elizabeth A. Wolford, granted the Commissioner's motion and denied Plaintiff's motion, finding that the Commissioner's determination was supported by substantial evidence and free from legal error. The Court concluded that the ALJ adequately developed the record, made a reasonable credibility assessment based on conflicting evidence, and properly assessed Plaintiff's impairments and RFC.

Supplemental Security IncomeSocial Security ActDisability BenefitsALJ Decision ReviewResidual Functional CapacityCredibility AssessmentRecord DevelopmentAttention Deficit Hyperactivity DisorderAnxiety DisorderAutism Spectrum Disorder
References
27
Case No. MISSING
Regular Panel Decision
Mar 15, 2012

RCN Telecom Services of New York, LP v. Frankel

This case involves petitioners challenging a ruling that their backup power equipment is assessable as real property and contesting tax assessments on that equipment. The petitioners argued that the equipment should not be considered real property under Real Property Tax Law § 102 (12) (f) because it falls under an exception for movable machinery or equipment. They also contended that the equipment should be exempt as telecommunications equipment and that assessments were void due to lack of timely notice. The court modified the lower court's decision, declaring that the backup power equipment is assessable as real property and that the assessments are not nullities for lack of notice.

real propertytax assessmentbackup power equipmentpower generating apparatusmovable machinerytelecommunications equipmentRPTLstatutory interpretationsummary judgmentNew York
References
1
Case No. MISSING
Regular Panel Decision

Held v. New York State Workers' Compensation Board

Petitioners, consisting of group self-insured trusts (GSITs), initiated a proceeding to challenge assessments levied by the New York State Workers’ Compensation Board under Workers’ Compensation Law § 50 (5) (former [f]). They argued that the statute was inapplicable to GSITs and that the Board failed to meet statutory prerequisites for the assessments. The Supreme Court annulled the assessments on the grounds that the Board failed to satisfy prerequisites, although it deemed the statute applicable to GSITs. Petitioners appealed the Supreme Court’s finding that the statute was applicable. The appellate court dismissed the appeals, determining that petitioners were not aggrieved by the judgment as they had received the relief sought—the annulment of the assessments. The court also clarified that collateral estoppel would not apply to the interpretation of the statute, which is a pure question of law, and that the discovery issue was academic.

Group Self-Insured TrustsWorkers' Compensation LawStatutory InterpretationAssessmentsAnnulmentAppeal DismissalAggrieved PartyCollateral EstoppelCPLR Article 78Declaratory Judgment
References
12
Case No. MISSING
Regular Panel Decision
Jun 14, 2005

Claim of Horton v. Salt

Claimant appealed a Workers' Compensation Board decision that reduced penalties against the employer and its carrier for late benefit payments. The Workers' Compensation Law Judge initially assessed a penalty of 20% of the late payments plus six $300 assessments. The Board agreed on late payments but reduced the penalty to only one $300 assessment, interpreting Workers’ Compensation Law § 25 (1) (e) as allowing a single $300 assessment per "instance" of application. The Court found the Board's interpretation not irrational but noted its inconsistency with prior Board decisions on similar facts without providing an explanation. Consequently, the Court reversed the Board's decision and remitted the matter for further proceedings.

Workers' CompensationLate Payment PenaltiesStatutory InterpretationAdministrative LawAgency PrecedentArbitrary and CapriciousJudicial ReviewRemandWorkers' Compensation BoardEmployer Obligations
References
6
Case No. 17-CV-667-EAW
Regular Panel Decision

Nelson v. Comm'r of Soc. Sec.

Plaintiff Jennifer Marie Nelson sought judicial review of a denial of disability insurance benefits by the Commissioner of Social Security. The U.S. District Court, Western District of New York, found that the Administrative Law Judge (ALJ) erred in assessing Plaintiff's Residual Functional Capacity (RFC) by failing to properly evaluate opinion evidence from a therapist and by substituting her own lay judgment for medical opinion. The ALJ also failed to develop the record by obtaining sufficient medical evidence relevant to the period of disability. The court granted Plaintiff's motion for judgment on the pleadings and remanded the case for further administrative proceedings, instructing the ALJ to reconsider the therapist's opinion and fully explain the basis for any RFC assessment.

Social Security ActDisability BenefitsALJ ErrorResidual Functional CapacityMedical Opinion EvidenceFunctional LimitationsRemandMental ImpairmentsConsultative ExaminationDistrict Court Review
References
16
Case No. MISSING
Regular Panel Decision

Guttierez v. Berryhill

Betsy Lee Guttierez applied for disability insurance benefits and Supplemental Security Income, alleging disability due to various mental health impairments. Her applications were denied by an Administrative Law Judge and the Appeals Council. Guttierez sought judicial review, arguing that the ALJ failed to properly assess her residual functional capacity (RFC) by rejecting the only medical opinion on her mental ability to work without providing adequate reasons or a function-by-function analysis. The Court agreed, finding the ALJ's RFC assessment unsupported by substantial evidence, as the ALJ, a non-medical professional, made a determination of Guttierez's mental capacity without relying on a medical opinion. Consequently, the Court granted Guttierez's motion, denied the Commissioner's motion, and remanded the case for further administrative proceedings.

Social Security ActDisability BenefitsSSIALJ Decision ReviewRFC AssessmentMedical EvidenceMental Health ImpairmentsBipolar DisorderAnxiety DisorderTreating Physician Rule
References
13
Case No. MISSING
Regular Panel Decision

Claim of Cedeno v. Pacoa

The Workers' Compensation Board assessed a $500 monetary penalty against claimant's counsel for an unsubstantiated request to change the hearing venue from Queens/Nassau to White Plains, Westchester County. The Workers’ Compensation Law Judge initially assessed $250. The appellate court affirmed the Board's decision, finding ample support for the assessment under Workers’ Compensation Law § 114-a (3) (ii). The court ruled that the Board had authority to increase the penalty and overlooked a procedural defect regarding who filed the appeal, treating it as filed by counsel.

Workers' CompensationVenue ChangeCounsel FeesMonetary PenaltyAppellate ReviewBoard DecisionProcedural MotionUnpreserved ArgumentSubstantial EvidenceJudicial Authority
References
5
Case No. MISSING
Regular Panel Decision
Apr 29, 2010

Campbell v. Astrue

Bruce Campbell (Plaintiff) filed an action seeking review of the Commissioner of Social Security's denial of his application for Supplemental Security Income. Magistrate Judge Victor E. Bianchini issued a Report-Recommendation, which Chief Judge Norman A. Mordue adopted. The case involves a claimant's disability determination, focusing on his alleged illiteracy, residual functional capacity (RFC), mental impairments, and obesity. The court identified several deficiencies in the administrative law judge's (ALJ) decision, including an unsupported finding regarding the plaintiff's education level, a potentially flawed RFC assessment due to reliance on a non-medical opinion, and a failure to consider a reviewing psychologist's opinion on mental impairments. Consequently, the court remanded the Commissioner's decision for further proceedings to properly develop the record on the plaintiff's literacy, reconsider the RFC, and re-evaluate his mental impairments.

Social Security ActSupplemental Security IncomeDisability BenefitsResidual Functional CapacityIlliteracyMental ImpairmentsObesityVocational FactorsMedical-Vocational RulesAdministrative Law Judge
References
32
Case No. MISSING
Regular Panel Decision

Carlucci v. Omnibus Printing Co.

The claimant, a pressman, developed various respiratory, pulmonary, and cardiac disorders during his employment. A Workers' Compensation Law Judge initially found a permanent partial disability. The Workers' Compensation Board later determined a permanent moderate partial disability and reduced the compensation award, which the claimant appealed. The appellate court reversed the Board's decision, concluding that the Board had incorrectly relied on inapplicable medical guidelines for low back total disability when assessing the claimant's condition. The case was subsequently remitted to the Workers’ Compensation Board for a proper re-assessment of the medical evidence.

Workers' CompensationPermanent Partial DisabilityMedical GuidelinesAppellate ReviewRemittalDisability AssessmentRespiratory DisordersCardiac DisordersPulmonary DisordersNew York Law
References
4
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