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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 21, 1992

Saitanis Enterprises, Inc. v. Hines

The petitioner initiated a proceeding pursuant to CPLR article 78 to challenge a determination by the New York State Department of Labor. The Department of Labor's determination, dated January 21, 1992, found that the petitioner failed to pay prevailing wages and supplements to its employees in violation of Labor Law § 220. The court confirmed the Department of Labor's determination, finding that the record supported the finding of underpayment and that the calculation of underpayment was supported by substantial evidence. The court also deemed the petitioner's argument regarding worker classification as untimely, noting that challenges to prevailing wage rate schedules must be made within four months of receipt. Consequently, the proceeding was dismissed on the merits, with costs.

prevailing wagesunderpaymentDepartment of Laborcredibility determinationsworker classificationtimeliness of challengeadministrative agencysubstantial evidencelabor law violationjudicial review
References
5
Case No. MISSING
Regular Panel Decision

Johnson v. St. Barnabas Nursing Home

Plaintiff Felicia Pickett Johnson, pro se, brought an action against her former employer, St. Barnabas Nursing Home, and co-worker, Ronald Granger, under Title VII, the ADA, and New York Human Rights Laws. Claims against Granger were dismissed without prejudice. St. Barnabas moved for judgment on the pleadings, asserting that Johnson's federal claims were time-barred because she failed to file within 90 days of receiving her EEOC right-to-sue letter. The court determined that Johnson's filing on February 7, 2008, was beyond the 90-day period, whether calculated from the presumptive receipt date of November 3, 2007, or her claimed receipt date of November 14, 2007 (or even November 8, 2008, based on a fax confirmation). Finding no extraordinary circumstances to warrant equitable tolling, the court dismissed the federal claims as time-barred and declined to exercise supplemental jurisdiction over the remaining state law claims. Consequently, St. Barnabas's motion for judgment on the pleadings was granted.

Title VIIADAEmployment DiscriminationStatute of LimitationsEquitable TollingRight-to-Sue LetterJudgment on the PleadingsSupplemental JurisdictionCivil Rights ActAmericans with Disabilities Act
References
8
Case No. MISSING
Regular Panel Decision

Ackerson v. Clarendon National Insurance Co.

Appellant, an injured worker, sought review after the Texas Workers’ Compensation Commission’s Appeals Panel denied his claim as untimely. The panel ruled his request for review was filed one day past the fifteen-day deadline, calculating receipt of the Commission's decision on Labor Day, September 4, 2000. The district court affirmed this decision. On appeal, the court examined the Commission's rules on computing time periods, specifically regarding deemed receipt and non-working days. It concluded that because Labor Day was not a working day, the deemed receipt date should have been extended to the next working day, September 5, making the appellant's filing timely. Consequently, the appellate court reversed the lower court's decision and remanded the case for further proceedings.

Workers' CompensationAppeal DeadlineDeemed ReceiptStatutory InterpretationLabor DayTimelinessRemandAdministrative LawJudicial ReviewTexas Law
References
7
Case No. MON 0310969 MON 0310972
Regular
Jul 25, 2008

SHARON DUNNIGAN vs. CITY OF INGLEWOOD

The Workers' Compensation Appeals Board granted reconsideration to amend the date from which vocational rehabilitation maintenance allowance (VRMA) was awarded. The Board found the applicant entitled to VRMA at the temporary disability rate from January 28, 2005, due to the defendant's breach of its obligation to provide timely notice of vocational rehabilitation eligibility. This date was established by calculating ten days after the defendant's presumed receipt of a physician's report indicating eligibility, accounting for mailing time.

Workers' Compensation Appeals BoardVocational Rehabilitation Maintenance Allowance (VRMA)Petition for ReconsiderationAgreed Medical EvaluatorDr. SadoffAdministrative Director Rule 9813(d)(2)Breach of ObligationQualified Injured WorkerDr. SobolDelay Rate
References
2
Case No. MISSING
Regular Panel Decision
Feb 02, 1987

Claim of Betances v. Hexreed Industries, Inc.

This case concerns an appeal from a Workers’ Compensation Board decision, filed on February 2, 1987, which found the State Insurance Fund (SIF) not liable for compensation benefits to a claimant. The employer, Hexreed Industries, Inc., and the Uninsured Employers’ Fund (appellants) challenged SIF’s cancellation of Hexreed’s workers’ compensation policy, effective January 5, 1980, for nonpayment of premium. The core issue was whether SIF complied with Workers’ Compensation Law § 54 (5) regarding the mailing of cancellation notices via certified or registered mail with a return receipt. Appellants argued that SIF failed to produce a return receipt and that a discrepancy existed in its mailing manifest. However, the Board credited testimony from SIF's senior underwriter regarding standard office procedures for cancellations. The appellate court affirmed the Board's decision, ruling that the failure to produce a return receipt does not preclude a finding of proper cancellation and that the statutory requirement of a specified date refers to the cancellation date itself, not the filing date.

Workers' Compensation InsurancePolicy CancellationNotice of CancellationCertified MailReturn ReceiptStatutory ComplianceMailing ProceduresWorkers' Compensation BoardAppellate ReviewEmployer Liability
References
8
Case No. MISSING
Regular Panel Decision
Dec 31, 2001

Citrin v. Merkle

The claimant, rendered quadriplegic by a 1972 work accident, was classified as permanently totally disabled. A 1988 Workers’ Compensation Law Judge (WCLJ) decision authorized reimbursement for home-care services, but the carrier subsequently withheld payments, citing a dispute over the claimant's receipt of services. A 1997 WCLJ decision rejected the fraud claim and directed payment of outstanding home-care expenses, which the Workers’ Compensation Board upheld in 1998. The Board then granted the claimant's request for interest and penalties, but determined interest should accrue from December 21, 1998, the date of the Board's direction for payment, rather than September 20, 1988, the initial authorization date. The claimant appealed this calculation, but the court affirmed the Board’s decision, stating that interest under Workers’ Compensation Law § 20 (1) requires an actual 'award' rather than a mere 'authorization' for services.

Workers' CompensationQuadriplegiaPermanent Total DisabilityHome Care ServicesInterest CalculationPenaltiesWorkers' Compensation BoardAppealFraud ClaimAward Date
References
2
Case No. MISSING
Regular Panel Decision

Claim of House v. International Talc Co.

Arthur House suffered a compensable occupational disease in 1973, resulting in permanent total disability and received workers' compensation benefits based on his 1973 average weekly wage. He died in 1995 from lung disease. His widow, the claimant, filed for death benefits, contending the benefits should be calculated based on the average weekly wage of a comparable employee for the year preceding his death (March 17, 1994, to March 17, 1995). The Workers’ Compensation Law Judge and the Board, however, determined that death benefits should be calculated based on House's average weekly wage from the date of his original injury, April 5, 1973. This Appellate Division affirmed the Board's decision, interpreting Workers’ Compensation Law §§ 2, 14, and 38 to establish that the date of the original injury or accident is the basis for computing both disability and death benefits, not the date of death.

Death BenefitsAverage Weekly Wage CalculationOccupational DiseasePermanent Total DisabilityStatutory InterpretationDate of DisablementAppellate DivisionTalcosisClaimant's Widow
References
6
Case No. 2024 NY Slip Op 05854 [232 AD3d 1077]
Regular Panel Decision
Nov 21, 2024

Matter of Lamont v. Superior Ambulance Serv. Inc.

This case involves an appeal from a decision of the Workers' Compensation Board concerning death benefits for Dalena Lamont, widow of Thomas Lamont. Thomas Lamont, a participant in World Trade Center rescue operations, was diagnosed with rectal cancer in 2017, established as an occupational disease. He died in 2022 from metastatic rectal cancer, leading his widow to file for death benefits. The Workers' Compensation Law Judge (WCLJ) and subsequently the Board determined that his death was consequential to the established lifetime claim and that death benefits should be calculated based on his average weekly wage at the time of disablement (September 28, 2017), with Safety National Casualty Corp. as the liable carrier. The Appellate Division affirmed the Board's decision, agreeing that the date of disablement, rather than the date of death, is the proper date for calculating the average weekly wage for death benefits in occupational disease cases.

World Trade CenterWTC Rescue OperationsOccupational DiseaseRectal CancerDeath BenefitsAverage Weekly WageDate of DisablementWorkers' Compensation BoardAppellate DivisionThird Department
References
12
Case No. ADJ3219342
Regular
May 27, 2014

MARY LOUISE WINBUSH vs. COUNTY OF LOS ANGELES, GENERAL HOSPITAL

The Workers' Compensation Appeals Board granted the defendant's petition for reconsideration regarding an approved award for a cumulative trauma claim. The defendant argued the permanent disability benefit amount was calculated using an incorrect rating schedule based on a 2006 date of injury instead of the proper 2005 date. The Board found merit in this contention, rescinded the original award, and remanded the case to the WCJ for clarification from the parties on the correct calculation.

Petition for ReconsiderationStipulationsCumulative TraumaPermanent Disability RatingClerical ErrorDate of Injury2005 Schedule2006 ScheduleAward RescindedRemand
References
0
Case No. 534657
Regular Panel Decision
Dec 14, 2023

In the Matter of the Claim of Karen Reid

The Appellate Division, Third Judicial Department, affirmed a Workers' Compensation Board decision concerning the date of disablement for Donald Reid, deceased, in a claim filed by his widow, Karen Reid. Donald Reid developed mesothelioma from asbestos exposure during his 1950s employment and died on March 2, 2019, after being diagnosed in November 2018. The Board, modifying a WCLJ decision, determined that March 2, 2019, the date of death, was also the date of disablement for calculating his average weekly wage, as he had not established a prior workers' compensation claim or medical disablement before his death. Appellants, National Grid and its carrier, challenged this determination, arguing the Board erred in using the death date. The Court, acknowledging the Board's broad discretion, found substantial evidence supported using the date of death as the date of disablement, given the absence of prior findings of disability.

Asbestos exposureMesotheliomaOccupational diseaseDeath benefitsDate of disablementAverage weekly wageAppellate reviewSubstantial evidenceRetirementDiagnosis
References
10
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