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

Case No. 2021 NY Slip Op 00118 [190 AD3d 489]
Regular Panel Decision
Jan 12, 2021

Henry v. Split Rock Rehabilitation & Health Care Ctr., LLC

Plaintiff Ian Henry, an HVAC technician, was injured on January 24, 2014, at Split Rock Rehabilitation and Health Care Center, LLC, when a circuit breaker allegedly exploded. He was inspecting a newly installed rooftop air conditioning unit and was escorted to an electrical room by a Split Rock employee. Split Rock moved for summary judgment, arguing Henry's failure to turn off the power caused the incident, but Henry testified the power was already off. The Supreme Court, Bronx County, denied the motion, finding unresolved factual issues regarding the accident's cause and whether the risks were readily observable. The Appellate Division, First Department, affirmed the denial of summary judgment, concluding that material issues of fact remained for trial.

Summary JudgmentHVAC TechnicianWorkplace AccidentCircuit Breaker ExplosionMaterial Issues of FactObservable RisksNegligenceThird-Party DefendantAppellate ReviewPremises Liability
References
7
Case No. 2019 NY Slip Op 00265 [168 AD3d 823]
Regular Panel Decision
Jan 16, 2019

Loretta v. Split Dev. Corp.

Vincent Loretta, a plumber, suffered personal injuries after falling from a ladder while installing pipes at a construction site owned by Split Development Corp. He and his wife sued for damages, alleging a violation of Labor Law § 240 (1). The Supreme Court denied their motion for summary judgment on liability due to triable issues of fact, and a jury subsequently found the ladder adequate. The Appellate Division affirmed the judgment, concluding that there was a valid line of reasoning for the jury's verdict and that the verdict was not contrary to the weight of the evidence.

Personal InjuryLadder AccidentLabor Law 240(1)Summary JudgmentJury VerdictAppellate ReviewProximate CauseSafety DeviceConstruction AccidentPlumbing Work
References
15
Case No. MISSING
Regular Panel Decision

Matter of Bank v. Village of Tuckahoe

The Workers' Compensation Board ruled that liability for a claimant's left knee injury shifted to the Special Fund for Reopened Cases under Workers' Compensation Law § 25-a. The claimant sustained a work-related injury in June 2005, and compensation benefits were paid until June 20, 2005. In April 2012, a physician requested an MRI, which was performed and revealed a meniscal tear. Subsequently, surgery was authorized and performed in July 2012. The self-insured employer and its third-party administrator sought to shift liability to the Special Fund, a move initially rejected by a Workers' Compensation Law Judge but later approved by the Board. The Special Fund appealed the Board's decision. The appellate court reversed the Board's decision, finding that the case was not "truly closed" after the MRI request was approved. The court held that the case was reopened in April 2012, within the statutory seven-year period from the date of injury, thus precluding the shifting of liability to the Special Fund. The matter was remitted to the Board for further proceedings.

Workers' Compensation Law § 25-aSpecial Fund LiabilityReopened Case DoctrineMedical Treatment AuthorizationCase Closure DeterminationSeven-Year RuleLast Payment of CompensationMeniscal TearMRI AuthorizationSurgery Authorization
References
5
Case No. MISSING
Regular Panel Decision
Feb 25, 2009

Claim of Norcross v. Camden Central School

This case involves an appeal by the Special Fund for Reopened Cases from a Workers’ Compensation Board decision. The Board had affirmed a Workers’ Compensation Law Judge's ruling that shifted liability to the Special Fund under WCL § 25-a, regarding a claimant's work-related injury from 2001. The Special Fund contended that the Board's decision deviated from its own precedent by shifting liability without requiring proof that further medical or indemnity benefits were payable, which is a necessary condition for reopening a claim for this purpose. The court determined that the Board failed to provide a rational explanation for departing from its prior decisions, thereby rendering its determination arbitrary and capricious. Consequently, the Board's decision was reversed, and the matter was remitted for further proceedings.

Special Fund for Reopened CasesLiability ShiftAgency PrecedentRational ExplanationArbitrary and CapriciousRFA-2 formMedical BenefitsIndemnity BenefitsAppellate DivisionRemittal
References
7
Case No. MISSING
Regular Panel Decision
May 20, 2009

Claim of Maguire v. United Parcel Service

In April 2001, a claimant suffered a back injury, receiving continuous medical treatment voluntarily paid by the employer's workers' compensation carrier. The carrier sought to shift liability to the Special Fund for Reopened Cases under Workers' Compensation Law § 25-a, an application the Workers' Compensation Board granted, asserting the claim was previously closed. The Special Fund appealed this decision, contending that the claim was never formally closed due to the claimant's ongoing medical treatment. The appellate court reversed the Board's determination, finding insufficient evidence that the carrier had ceased medical payments, which would be necessary for the claim to be considered closed. Consequently, the matter was remitted to the Workers' Compensation Board for further proceedings consistent with the court's finding that liability could not be shifted.

Workers' Compensation LawSpecial Fund for Reopened CasesSection 25-aLiability ShiftClaim ReopeningClaim ClosureMedical Treatment PaymentsStatutory InterpretationAppellate ReviewNew York
References
6
Case No. MISSING
Regular Panel Decision

Claim of Porter v. New York State Electric & Gas Corp.

The claimant, who sustained head, neck, and back injuries in 2004, had a workers' compensation case established for occupational disease, with 22.5% liability for neck and back injuries apportioned to the incident. After experiencing continued back problems and being diagnosed with severe biforaminal stenosis, the Chair authorized an MRI in 2010 and lumbar spine surgery in 2011. The workers’ compensation carrier sought to transfer liability to the Special Fund for Reopened Cases under Workers' Compensation Law § 25-a, a request initially denied by a WCLJ but granted by the Board, which found the April 27, 2011 order authorizing surgery constituted a 'true closing' of the case. The Special Fund appealed the Board's decision, arguing against the transfer of liability. The appellate court affirmed the Board's decision, concluding that substantial evidence supported the finding that the case was truly closed, thereby shifting liability to the Special Fund.

Workers' Compensation Law § 25-aSpecial Fund for Reopened CasesLiability ShiftClosed CaseTrue ClosingMedical AuthorizationLumbar Spine SurgeryCervical Spine MRIOccupational DiseaseApportionment
References
8
Case No. MISSING
Regular Panel Decision

Matter of Strujan v. New York Hospital

The case involves appeals from decisions of the Workers’ Compensation Board regarding a claimant's 1997 work-related injury. A claim for consequential psychiatric injuries was denied in 2010, and the employer sought to transfer liability to the Special Fund for Reopened Cases under Workers’ Compensation Law § 25-a. While a WCLJ initially granted this transfer, the Board reversed, concluding the case was not 'truly closed' due to unresolved issues, including the claimant's alleged migraines. The court affirmed the Board's decision, finding substantial evidence to support that the case was not truly closed, thereby preventing the shift of liability to the Special Fund.

Workers' CompensationSpecial FundReopened CasesTrue ClosureLiability ShiftMigrainesPsychiatric InjuryConsequential InjuryBoard DecisionAppellate Review
References
9
Case No. MISSING
Regular Panel Decision
Feb 08, 2013

Claim of Pankiw v. Eastman Kodak Co.

The case involves an appeal from a Workers’ Compensation Board decision regarding the shifting of liability to the Special Fund for Reopened Cases under Workers’ Compensation Law § 25-a. Claimant, who suffered work-related injuries in 2004, had a 20% schedule loss of use of his left arm opined in 2007, and a consequential right shoulder injury was added in 2008 with a 30% schedule loss of use, for which the Special Fund became liable. In 2011, claimant sought further action, leading a WCLJ to transfer liability to the Special Fund. However, the Board reversed, finding the case was not "truly closed" because the issue of the left arm injury remained unaddressed. The Appellate Division affirmed the Board's decision, holding that the lack of resolution on the left arm injury meant further proceedings were contemplated, thus preventing the case from being deemed truly closed for liability transfer to the Special Fund.

Workers' CompensationSpecial Fund for Reopened CasesSchedule Loss of UseConsequential InjuryCase ClosureLiability ShiftAppellate DivisionFactual DeterminationCompensation PaymentsUnaddressed Issues
References
5
Case No. MISSING
Regular Panel Decision

Matter of Palazzolo v. Dutchess County

Claimant sustained a work-related injury to her left arm in July 2000. Although no lost wages were claimed initially, diagnostic tests were authorized, and issues of permanency and average weekly wages remained unresolved, with a directive for the employer to provide payroll records. In 2013, after claimant sought further medical treatment, the employer requested to transfer liability to the Special Fund for Reopened Cases under Workers’ Compensation Law § 25-a, arguing the statutory time limits had elapsed. A Workers’ Compensation Law Judge denied this request, finding the case was never truly closed due to outstanding issues and unfulfilled directives. The Workers’ Compensation Board affirmed this decision, which was subsequently appealed. The appellate court affirmed the Board’s determination, concluding that substantial evidence supported the finding that further proceedings were contemplated, thus preventing the case from being considered truly closed for the purpose of shifting liability.

Workers' CompensationSpecial Fund for Reopened CasesLiability TransferCase ClosureOutstanding IssuesPermanency DeterminationAverage Weekly WagesPayroll RecordsAppellate ReviewNew York Labor Law
References
7
Case No. ADJ6671912
Regular
Nov 20, 2013

HONG GUANG ZHU, Deceased HE RUI YUN, Spouse vs. TRI VILLAGE CHINESE RESTAURANT, FARMERS INSURANCE GROUP

The Workers' Compensation Appeals Board affirmed a prior finding that the decedent chef's death arose out of and occurred in the course of employment. The decedent was shot and killed while resting in his car during a split shift, a common and permitted practice. The Board found this constituted a neutral risk, as no personal motive for the murder was identified, thus satisfying the "personal comfort doctrine." Therefore, the death was deemed compensable as it was linked to his employment by time, place, and circumstance.

WORKERS' COMPENSATION APPEALS BOARDRECONSIDERATIONFINDINGS OF FACTCOURSE OF EMPLOYMENTARISING OUT OF EMPLOYMENTCHEFSPLIT SHIFTPERSONAL COMFORT DOCTRINENEUTRAL RISKUNKNOWN MOTIVE
References
0
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