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

Case No. CV-23-0719
Regular Panel Decision
Sep 26, 2024

In the Matter of the Claim of Bruce Matter

Claimant Bruce A. Matter, an account executive for Google Inc., sustained a traumatic brain injury in October 2021 after being struck by motorized bicycles while returning from an employer-encouraged "Happy Hour" event. The employer and its carrier disputed the claim, arguing the accident did not arise out of or in the course of employment. A Workers' Compensation Law Judge initially disallowed the claim, but the Workers' Compensation Board reversed, finding a causal nexus due to the employer's derived benefit from the event and the altered travel risks it entailed. The Supreme Court, Appellate Division, Third Judicial Department, affirmed the Board's decision, concluding that substantial evidence supported the finding that the employer benefited from the claimant's participation and that the event altered his usual travel, increasing the risk of injury.

Accidental InjuryCourse of EmploymentCausal NexusSpecial Errand DoctrineDual-Purpose DoctrineEmployer BenefitOff-Premises AccidentTraumatic Brain InjuryHappy Hour EventWork-Related Activity
References
13
Case No. 2025 NY Slip Op 03576 [239 AD3d 752]
Regular Panel Decision
Jun 11, 2025

Matter of Royal v. Royal

The case "Matter of Royal v Royal" involves an appeal by Albert Royal (father) against Mireille M. Royal (mother) regarding his retroactive child and spousal support obligations. The parties, married in 2014 with two children, separated in June 2018. In July 2018, the mother sought support. Subsequently, the father suffered significant injuries from a work accident and two motor vehicle accidents in late 2018 and 2019, rendering him unable to continue as a construction worker and leading him to receive public assistance after exhausting unemployment benefits. The Support Magistrate and Family Court used the father's 2018 income tax return to determine his support obligations for the period from July 2018 through December 2019, amounting to $48,200.22. However, the Appellate Division, Second Department, reversed this decision, finding that the 2018 income tax return did not accurately reflect the father's actual income during the period from November 2018 through December 2019 due to his injuries and inability to work. The matter was remitted to the Family Court, Kings County, for a recalculation of the father's income and, if appropriate, his retroactive support obligations for the specified period.

Family LawChild SupportSpousal SupportImputed IncomeRetroactive SupportIncome RecalculationParental Financial ObligationPersonal InjuryUnemployment BenefitsPublic Assistance
References
3
Case No. Nos. 56 & 58
Regular Panel Decision
May 21, 2020

Matter of Seawright v. Board of Elections / Matter of Hawatmeh v. State Board of Elections

The New York Court of Appeals addressed two consolidated cases, *Matter of Seawright* and *Matter of Hawatmeh*, to resolve a departmental split regarding the interpretation of Election Law filing deadlines during the COVID-19 pandemic. In *Seawright*, the Appellate Division, First Department, had excused a candidate's belated filing of a cover sheet and certificate of acceptance due to COVID-19 related illness and quarantine, deeming it not a fatal defect. Conversely, in *Hawatmeh*, the Appellate Division, Third Department, found a candidate's late filing of a certificate of acceptance to be a fatal defect despite pandemic circumstances. The Court of Appeals reversed the *Seawright* decision and affirmed the *Hawatmeh* decision, holding that Election Law § 1-106 (2) mandates strict compliance with filing deadlines. The Court concluded that the failure to timely file constitutes a fatal defect that courts cannot excuse, even under unique or extenuating circumstances like the COVID-19 pandemic, emphasizing that it is the legislature's role to fashion exceptions to the law. Dissenting judges argued for a more flexible interpretation based on legislative intent behind pandemic-related laws and prior Election Law reforms, allowing for substantial compliance during the unprecedented health crisis.

Election LawCOVID-19 PandemicFiling DeadlinesFatal DefectStrict ComplianceBallot AccessJudicial DiscretionLegislative IntentAppellate Division ConflictQuarantine Requirements
References
39
Case No. 2020 NY Slip Op 05273
Regular Panel Decision
Oct 01, 2020

Matter of Garrison-Bey v. Department of Educ.

The case concerns William Garrison-Bey, a security officer, who sustained work-related injuries to his neck, back, left knee, and left elbow in April 2016. After returning to work without reduced earnings, he was evaluated for permanency. Consulting physicians found a 27.5% schedule loss of use (SLU) to his left knee and nonschedule permanent injuries to his cervical and lumbar spine. The Workers' Compensation Board denied his request for an SLU award, classifying him with a nonschedule permanent partial disability. The Appellate Division, Third Department, modified the Board's decision, ruling that a claimant who sustains both schedule and nonschedule permanent injuries in the same accident and returns to work at preinjury wages is entitled to an SLU award for permanent partial impairments to statutorily enumerated body parts. The matter was remitted to the Workers' Compensation Board for further proceedings.

Workers' Compensation LawSchedule Loss of UsePermanent Partial DisabilityReduced EarningsAppellate ReviewRemandMedical ImpairmentInjury ClassificationEmployer LiabilityJudicial Precedent
References
4
Case No. 2020 NY Slip Op 01427 [180 AD3d 1305]
Regular Panel Decision
Feb 27, 2020

Matter of Fernandez v. New York Univ. Benefits

Claimant, a security officer, sustained work-related injuries to his back, neck, and shoulders. A Workers' Compensation Law Judge (WCLJ) initially awarded him a lump-sum for schedule loss of use (SLU) of both arms. However, the Workers' Compensation Board rescinded this decision, deeming the SLU award premature due to the lack of development of the medical record regarding permanency for the nonschedule neck and back injuries. Claimant appealed this Board decision. The Appellate Division, Third Department, acknowledged the Board's error in not adhering to prior case law (*Matter of Taher v Yiota Taxi, Inc.*), which permits an SLU award even if a claimant has nonschedule permanent partial disability and returns to work at preinjury wages without a nonschedule award. Nevertheless, the court found that the Board did not err in denying the SLU award *presently* due to the absence of a permanency finding for the neck and back injuries. The court modified the Board's decision by reversing its stance on the simultaneous entitlement to SLU and nonschedule permanent partial disability classification without an award and remitted the matter to the Board for further proceedings consistent with the Court's decision.

Workers' CompensationSchedule Loss of UsePermanent Partial DisabilityMedical ImpairmentWage-Earning CapacityAppellate ReviewBoard DecisionRemittalPrior Case Law
References
5
Case No. MISSING
Regular Panel Decision

MATTER OF MERSON v. McNally

The Court of Appeals addresses whether a negative declaration under the State Environmental Quality Review Act (SEQRA) can be issued for a Type I action, even when the project has been modified to accommodate environmental concerns. Reviewing two related cases, Matter of Merson v McNally and Matter of Philipstown Indus. Park v Town Bd., the Court examines a mining project by Philipstown Industrial Park, Inc. (PIP) in the Town of Philipstown, Putnam County. The Planning Board, acting as the lead agency, issued a negative declaration after PIP revised its plans in response to public and agency input regarding noise, traffic, and groundwater. The Appellate Division had annulled this declaration, viewing the modifications as impermissible 'conditioned negative declarations.' The Court of Appeals reversed, holding that such project adjustments, made through an open and deliberative process to mitigate potential adverse effects, are a legitimate part of SEQRA review and do not invalidate a negative declaration. The cases are remitted to the Appellate Division for consideration of unaddressed issues, including preemption.

Environmental ReviewSEQRANegative DeclarationMined Land Reclamation LawType I ActionProject ModificationEnvironmental Impact StatementLead AgencyZoning LawAppellate Review
References
15
Case No. No. 29-30
Regular Panel Decision
Apr 21, 2022

In the Matter of the Claim of Thomas Johnson; In the Matter of the Claim of Joseph D. Liuni

This opinion addresses two appeals concerning Workers’ Compensation Law (WCL) § 15, specifically whether a schedule loss of use (SLU) award for a subsequent injury to a subpart of an enumerated body "member" must be reduced by a prior SLU award to a different subpart of the same member. The Court of Appeals holds that WCL § 15 (7) allows for multiple SLU awards for successive injuries to the same statutory body member, provided the claimant demonstrates that the second injury, considered by itself, caused an increased loss of use. The Court affirmed the Appellate Division's order in Matter of Johnson v City of New York, finding that claimant Thomas Johnson failed to provide sufficient evidence that his knee injuries caused a further loss of use of his legs beyond that addressed in a prior SLU award for hip injuries. Conversely, the Court reversed the Appellate Division's order in Matter of Liuni v Gander Mountain, remitting the case for further proceedings because claimant Joseph D. Liuni did provide evidence that his later shoulder injury caused a distinct increase in the loss of use of his arm separate from a prior elbow injury. The decision clarifies the application of WCL § 15 (7) regarding successive SLU awards and the burden of proof on claimants.

Workers' Compensation LawSchedule Loss of Use (SLU)Successive InjuriesBody Member ImpairmentOffset RulePrior Disability CompensationEarning CapacityStatutory InterpretationAppellate ReviewMedical Evidence
References
33
Case No. 535958
Regular Panel Decision
Mar 28, 2024

In the Matter of the Claim of Melissa Anderson

Claimant, a teacher, sought workers' compensation benefits for psychological injuries (major depressive disorder and generalized anxiety disorder) resulting from COVID-19 exposure and anxiety about students returning to school. Her claim was initially disallowed by a WCLJ and affirmed by the Workers' Compensation Board, which found the stress was not greater than that in a normal work environment for similarly situated teachers. On appeal, the claimant argued that the Board applied disparate burdens for physical vs. psychological COVID-19-related injuries. The Appellate Division, Third Judicial Department, clarified that psychological injuries are compensable to the same extent as physical injuries and that the 'greater than normal work environment' standard should not be applied to diminish consideration of an individual's vulnerabilities. The Court found the Board's inconsistent application of rules for COVID-19 exposure violated the principle of parity. The decision was reversed, and the matter remitted for reconsideration, requiring the Board to determine if a workplace accident occurred due to specific exposure or elevated risk from COVID-19, considering claimant's vulnerabilities and causal connection.

Workers' CompensationPsychological InjuryCOVID-19 ExposureMental HealthStress-Related InjuryAppellate ReviewBoard DecisionCausal ConnectionSimilarly Situated WorkersDue Process
References
55
Case No. CV-24-1460
Regular Panel Decision
Feb 19, 2026

In the Matter of the Claim of Bonnie Blake

Claimant Bonnie C. Blake appealed an amended decision of the Workers' Compensation Board, which ruled she needed to show ongoing labor market attachment for both her 2000 and 2017 injury claims. The Appellate Division, Third Judicial Department, reviewed the applicability of the 2017 amendment to Workers' Compensation Law § 15 (3) (w). The court found that due to her return to full-time employment at pre-injury wages at the time of her 2011 permanent partial disability classification for Claim No. 1, and no finding of voluntary withdrawal from the labor market, the 2017 amendment applied retroactively. Consequently, the claimant was not required to demonstrate ongoing labor market attachment for Claim No. 1 to be entitled to indemnity benefits. The Court modified the Board's decision, reversing the requirement for labor market attachment in Claim No. 1 and remitted the matter for further proceedings.

Workers' Compensation Law § 15 (3) (w)Labor Market AttachmentPermanent Partial DisabilityRetroactive ApplicationSpecial Fund for Reopened CasesDue ProcessAppellate Division Third DepartmentWage-Earning CapacityIndemnity BenefitsWorkers' Compensation Board
References
14
Case No. 2021 NY Slip Op 02391 [193 AD3d 932]
Regular Panel Decision
Apr 21, 2021

Matter of Zamir F. (Ricardo B.)

The Administration for Children's Services appealed an order from the Family Court, Kings County, which had dismissed petitions alleging that Ricardo B. neglected Zamir F. through sexual abuse and derivatively neglected his other children, Elijah B., Jordan B., Jeremiah B., and Messiah B. The Appellate Division, Second Department, reversed the Family Court's order. It found that the petitioner had sufficiently established neglect and derivative neglect by a preponderance of the evidence, concluding that the testimony of the petitioner's child sexual abuse expert reliably corroborated Zamir's out-of-court statements. The court also determined that the Family Court had erred in its credibility assessment, particularly in preferring the father's expert's testimony. The matter was remitted to the Family Court for a dispositional hearing and the issuance of a dispositional order.

Child NeglectSexual AbuseDerivative NeglectFamily Court Act Article 10Corroboration of Child StatementsExpert TestimonyCredibility AssessmentAppellate ReviewParental DutiesRisk of Harm
References
8
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