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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

Claim of Rushnek v. Ford Motor Co.

The Workers' Compensation Board ruled that Ford Motor Company was entirely responsible for a claimant's hearing loss, which began with a 13% pre-employment loss and progressed to 23.2% by retirement. Ford appealed this decision, challenging its liability for the pre-existing portion of the hearing loss, especially considering the timing of the relevant Workers' Compensation Law provisions. The court clarified that the date of disablement, in this instance, was August 1974, thus making Workers' Compensation Law § 49-ee applicable. It determined that while the last employer is generally liable for total hearing loss, an exception exists for pre-existing, occupationally caused hearing loss, allowing for reimbursement. The court reversed the Board's decision and remitted the case, instructing further proceedings to ascertain if the claimant's initial hearing loss was work-related, which would then allow Ford to seek reimbursement from prior employers.

Workers' Compensation LawOccupational hearing lossEmployer liabilityPre-existing conditionReimbursement proceduresDate of disablementAudiometric examinationAppellate reviewStatutory interpretationFord Motor Company
References
4
Case No. MISSING
Regular Panel Decision

Claim of Estrada v. Peepels Mechanical Corp.

The claimant's case was established for occupational disease resulting in bilateral hearing loss. A Workers’ Compensation Law Judge (WCLJ) determined the date of disablement and, after initial discharge, reinstated the State Insurance Fund (Fund) to produce an apportionment report between occupational disease and traumatic hearing loss. The Fund appealed this decision. The Workers’ Compensation Board subsequently found the Fund was not the proper party as it did not cover the employer on the date of disablement and reversed the order for the apportionment report. The employer and its workers’ compensation carrier then appealed the Board's decision. The higher court affirmed the Board’s decision, noting that a claim for traumatic hearing loss was never formally made or pending before the Board.

Occupational DiseaseBilateral Hearing LossApportionmentDate of DisablementWorkers' Compensation CarrierState Insurance FundBoard DecisionAppellate ReviewTraumatic Hearing LossWCLJ Decision
References
1
Case No. MISSING
Regular Panel Decision
Jun 12, 2000

Claim of Lash v. General Motors Corp.

Claimant, an electrician, developed occupational hearing loss after working for General Motors Corporation and then American Axle. A claim was filed, leading to a Workers’ Compensation Board decision to apportion the award between the two employers. General Motors appealed, arguing American Axle failed to provide statutory notice for apportionment. The court affirmed the Board's decision, ruling that General Motors' actual knowledge of the claimant's preexisting hearing loss was equivalent to the required statutory notice under Workers’ Compensation Law § 49-ee, thereby permitting the apportionment of the claim.

Occupational Hearing LossWorkers' CompensationApportionmentActual KnowledgeStatutory NoticeLast Employer LiabilityNew York LawEmployer ResponsibilityPreexisting ConditionHearing Test
References
2
Case No. MISSING
Regular Panel Decision

Claim of Bryce v. Shipyard

A claimant for the employer suffered occupational binaural hearing loss over 48 years of employment, initially estimated at 40%. A federal claim under the Longshoremen’s and Harbor Workers’ Compensation Act was rejected on procedural grounds in 1950. After retirement in 1958, a state claim was filed, leading to a Workmen’s Compensation Board finding of 47% hearing loss. The employer and its carrier appealed, arguing prior disability and federal pre-emption. The Appellate Division affirmed the board's decision, applying the "twilight zone" rule and stating that the prior federal claim's procedural rejection did not preclude state jurisdiction.

Occupational Hearing LossWorkers' CompensationLongshoremen's ActJurisdictionTwilight Zone RuleFederal PreemptionSchedule AwardTimelinessNotice RequirementsAppellate Review
References
4
Case No. MISSING
Regular Panel Decision

Briggs v. Consolidated Rail Corp.

Plaintiffs, retired railroad workers, sued Consolidated Rail Corporation (Conrail) under the Federal Employers’ Liability Act (FELA) for sensorineural hearing loss and other personal injuries sustained due to long-term noise and vibration exposure during employment. Defendant moved for summary judgment, arguing the hearing loss claims were time-barred and other claims lacked evidentiary support. The Supreme Court initially granted summary judgment, dismissing the hearing loss claims as barred by the three-year Statute of Limitations. However, the court improperly dismissed claims for aggravation of injuries within the limitations period, injuries from negligent assignment, and certain other health problems for Briggs and Dineen. The appellate court modified the order, reinstating plaintiffs' claims for aggravation of hearing loss and injuries from negligent assignment, and for other unrelated injuries for Briggs and Dineen, while affirming the dismissal of time-barred hearing loss claims and specific health claims for Briggs and Vipari.

Federal Employers’ Liability Act (FELA)Statute of LimitationsSensorineural Hearing LossRailroad WorkersOccupational ExposureSummary JudgmentContinuing Tort DoctrineNegligent AssignmentAggravation of InjuriesAppellate Review
References
15
Case No. MISSING
Regular Panel Decision

Guiher v. South Buffalo Railway Co.

Plaintiff, a former railway worker, sued his employer ('defendant') in 1988, alleging sensorineural hearing loss and other medical issues caused by workplace noise and vibration between 1953 and 1985. The defendant moved for summary judgment, asserting the hearing loss claim was time-barred by the three-year Statute of Limitations (45 USC § 56) and the other injury claims lacked support. The Supreme Court denied this motion. On appeal, the order was unanimously affirmed, as the defendant failed to conclusively demonstrate that the plaintiff's hearing loss claim accrued outside the limitation period due to the plaintiff's equivocal testimony and subsequent affidavit. Furthermore, the defendant did not provide admissible proof to refute the plaintiff's claims for other injuries.

Statute of LimitationsHearing LossRailway WorkerSummary JudgmentAccrual of Cause of ActionEquivocal TestimonyAdmissible ProofAppellate ReviewFederal Employers' Liability ActOccupational Disease
References
9
Case No. MISSING
Regular Panel Decision

Lechowicz v. Consolidated Rail Corp.

Plaintiff, a former railroad worker for defendant Consolidated Rail Corporation (Conrail), commenced an action under the Federal Employers’ Liability Act (FELA) for monetary damages due to personal injuries, including permanent sensorineural hearing loss, allegedly sustained from excessive noise and vibrations during employment. Conrail moved for summary judgment, arguing the hearing loss claim was time-barred by the three-year Statute of Limitations (45 USC § 56) and other claims for

Federal Employers' Liability ActStatute of LimitationsOccupational DiseaseHearing LossSummary JudgmentAccrual DoctrineRailroad EmploymentPersonal Injury ClaimAppellate DecisionLatent Injury
References
8
Case No. MISSING
Regular Panel Decision

Claim of Salvet v. Union Carbide Linde Division

Claimant sustained two compensable injuries, leading to a permanent partial disability classification in 1983 with a nonschedule award of $95 per week. Subsequently, in 1984, the claimant was diagnosed with a 24.2% occupational binaural hearing loss, resulting in a schedule award of $105 per week for 36.3 weeks. The Workers' Compensation Board, following an application by the carrier, reduced this schedule award to $10 per week. This reduction was based on Workers' Compensation Law § 15 (6) (a), which sets a maximum of $105 per week for compensation for permanent or temporary partial disability, indicating that the aggregate of both awards should not exceed this statutory limit. The appellate court affirmed the Board's decision, ruling that the statutory maximum applies to the total of all permanent partial disability awards, irrespective of whether they are schedule or nonschedule awards.

Workers' Compensation LawPermanent Partial DisabilityOccupational Hearing LossSchedule AwardNonschedule AwardStatutory MaximumAggregate AwardsWorkers' Compensation Board AppealStatutory InterpretationConcurrent Awards
References
6
Case No. MISSING
Regular Panel Decision

Claim of Joslin v. City of Albany Fire Department

The claimant appealed a Workers’ Compensation Board decision regarding the method of payment for his hearing loss benefits, specifically challenging the biweekly installment plan. The claimant argued that Workers’ Compensation Law § 49-bb, which governs occupational loss of hearing claims, mandated a different payment method. The court rejected this contention, asserting that Workers’ Compensation Law § 15 (3) (m), which covers schedule awards for hearing losses generally, and § 49-cc, which directs occupational loss of hearing compensation to align with § 15 (3), govern the payment. Consequently, the court affirmed that the claimant was entitled to biweekly scheduled payments, consistent with other schedule loss awards.

Hearing lossWorkers' CompensationOccupational diseaseSchedule awardBiweekly paymentsStatutory interpretationAppealCompensation benefitsWorkers' Compensation Board
References
2
Case No. MISSING
Regular Panel Decision

Claim of Noto v. Ford Motor Co.

A claimant who worked as a welder for 26 years developed a 30.6% binaural hearing loss attributed to high noise levels during employment. The Workers’ Compensation Board found the self-insured employer entirely responsible for this loss. The employer appealed, arguing that a portion of the disability was attributable to the claimant's previous employment with Growers & Packers Cooperative & Canning Company. The appellate court affirmed the Board's decision, citing Workers’ Compensation Law § 49-ee (1), which holds the last employer liable for total compensation for hearing loss unless specific conditions for apportionment are met and proven. Despite the employer conducting a preplacement hearing examination and notifying Growers & Packers, the court found insufficient evidence to establish a causal link between any preexisting hearing loss and the prior employment, siding with the claimant's testimony. The employer's other contentions, including a request for further record development, were deemed without merit.

Hearing LossOccupational DiseaseWorkers' CompensationApportionmentLast Employer LiabilityPreplacement ExaminationNoise ExposureEmployer LiabilityAppellate ReviewSubstantial Evidence
References
2
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