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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

Karmilowicz v. Allstate Insurance

The petitioner was injured in a 1977 motor vehicle accident, leading to a no-fault insurance claim. Following an arbitration award, the petitioner moved to confirm and the respondent cross-moved to vacate, arguing the arbitrator erred by not allowing a Social Security benefits setoff for the petitioner's wife and child. The Supreme Court confirmed the award. On appeal, the court found the Supreme Court applied an incorrect standard of review for compulsory arbitration. The appellate court concluded that the arbitrator's failure to apply the mandated Social Security offset, as per Insurance Law § 671 and 11 NYCRR Part 65, lacked a rational basis and would create an unintended windfall for the petitioner. Consequently, the judgment was modified, denying the confirmation of the arbitration award, partially granting the cross-application to vacate, and remanding the case for recomputation of the award, while affirming the attorney's fees.

No-Fault InsuranceArbitration Award ReviewCompulsory Arbitration StandardsSocial Security Benefits SetoffDependent BenefitsLost Earnings CalculationInsurance RegulationsCPLR Article 75Insurance LawAppellate Review Standard
References
6
Case No. Docket No. 13
Regular Panel Decision

Rubet v. Commissioner of Social Security

Maria Rubet, claiming disability due to a nervous condition since October 1993, sought judicial review of a decision by the Commissioner of Social Security denying her application for Supplemental Security Income (SSI) benefits. Following a remand and a subsequent hearing, an Administrative Law Judge (ALJ) again found Rubet not disabled, a determination adopted by the Commissioner. Rubet failed to respond to the Commissioner's motion for judgment on the pleadings and a court order. The Court, after reviewing the record and adopting the Commissioner's analysis, found substantial evidence, including medical evaluations, to support the ALJ's finding that Rubet was not disabled. Consequently, the Court granted the Commissioner's motion to dismiss the complaint.

Social SecuritySSI BenefitsDisability ClaimAdministrative Law JudgeMedical EvaluationResidual Functional CapacityMental ImpairmentAppealsJudicial ReviewCommissioner Decision
References
3
Case No. MISSING
Regular Panel Decision

DiBlasi v. Commissioner of Social Security

Plaintiff Frank DiBlasi sought judicial review of a final determination by the Commissioner of Social Security, who denied his claim for Supplemental Security Income benefits, citing disability due to depression, diabetes, high cholesterol, and limb numbness. The Administrative Law Judge (ALJ) denied benefits, a decision affirmed by the Appeals Council. DiBlasi appealed, arguing the Appeals Council failed to consider new material evidence (Dr. Rinzler's assessment), erred by not remanding for clarification of a prior medical opinion, and ignored a psychiatrist's letter. The court found the new evidence cumulative and not material, and that earlier records consistently reflected DiBlasi's difficulties. Ultimately, the court determined that substantial evidence supported the ALJ's finding that DiBlasi could perform simple, routine, unskilled tasks with minimal stress and contact, and that such jobs exist in the national economy. The Commissioner's determination was affirmed.

Supplemental Security IncomeSocial Security BenefitsDisability DeterminationAdministrative Law JudgeAppeals CouncilMedical ImpairmentMental ImpairmentDepressionDiabetesGlobal Assessment of Functioning
References
13
Case No. MISSING
Regular Panel Decision
Feb 09, 2015

Browne v. Commissioner of Social Security

Plaintiff Kenneth Owen Browne sought judicial review of a final decision by the Commissioner of Social Security, denying his claims for disability insurance benefits and supplemental security income. Browne alleged disability since December 2007 due to conditions like degenerative disc disease, osteoarthritis, and carpal tunnel syndrome. An Administrative Law Judge (ALJ) previously found Browne not disabled, concluding he retained the residual functional capacity (RFC) to perform light work. The court affirmed the Commissioner's decision, finding it supported by substantial evidence. The court also addressed and rejected Browne's arguments regarding the ALJ's application of the treating physician rule, and alleged failures to consider his obesity and medication side effects.

Disability benefitsSocial Security ActJudicial reviewResidual functional capacityTreating physician ruleSubstantial evidenceAdministrative Law JudgeMedical evidenceObesityMedication side effects
References
28
Case No. MISSING
Regular Panel Decision
May 26, 1982

Ardolino v. City of New York

This case concerns a declaratory judgment action where the plaintiff appealed a judgment from the Supreme Court, Queens County. The judgment affirmed the validity of 11 NYCRR 65.6 (p) (4) (iii) and the lawfulness of the defendant's offset of Social Security disability benefits, including those paid to the plaintiff's spouse and dependents, against "first-party benefits." The court found that this regulation is consistent with Insurance Law § 671 (subd 2, par [b]), which aims to prevent "windfall recovery" by injured persons. The appellate court concurred with the reasoning of a similar First Department case, Karmilowicz v Allstate Ins. Co., stating that the offset prevents claimants from receiving more in lost earnings than actual wages lost, aligning with the intent of no-fault legislation.

Declaratory JudgmentInsurance LawSocial Security BenefitsDisability BenefitsFirst-Party BenefitsOffsetNo-Fault LegislationStatutory InterpretationRegulatory ValidityAppellate Review
References
1
Case No. MISSING
Regular Panel Decision

Rice v. Commissioner of Social Security

Plaintiff Tammy Rice sought judicial review of the Commissioner of Social Security's final decision denying her application for disability benefits. The District Court considered the Commissioner's motion for judgment on the pleadings. The Administrative Law Judge (ALJ) found that Plaintiff had severe impairments of mild degenerative disc disease of the lumbar spine and mild degenerative joint disease of the knees but did not meet or equal a listed impairment. The ALJ determined Plaintiff could perform light work with restrictions, concluding she was not disabled. The Court found the Commissioner's decision supported by substantial evidence and in accordance with applicable legal standards. Consequently, the Commissioner's motion for judgment on the pleadings was granted, and Plaintiff's complaint was dismissed with prejudice.

Social SecurityDisability BenefitsALJ DecisionSubstantial EvidenceMedical EvidenceResidual Functional CapacityTreating Physician RuleFederal Rules of Civil ProcedureRule 12(c)Lumbar Spine
References
28
Case No. 01 CY 0301
Regular Panel Decision

Barillaro v. Commissioner of Social Security

Plaintiff Luigi Barillaro appealed the Commissioner of Social Security's decision denying him disability benefits for the period from March 11, 1994, through August 26, 1998. The District Court, presided over by Judge Dearie, found that the Administrative Law Judge's (ALJ) conclusion that Barillaro could perform sedentary work was not supported by substantial evidence. The court identified errors in the ALJ's assessment, including the mischaracterization of a medical expert's testimony regarding Barillaro's eligibility under Appendix 1 of the regulations and the misapplication of Medical-Vocational Guidelines concerning his work experience and literacy. The court concluded that the ALJ erred by not affording enough weight to the treating physician's opinion, which was corroborated by other medical evidence. Consequently, the court reversed the ALJ's decision and remanded the case for calculation of benefits, deeming further record development unnecessary.

Disability BenefitsSocial Security ActSedentary WorkCoronary Artery DiseaseAdministrative Law JudgeMedical-Vocational GuidelinesResidual Functional CapacityTreating Physician RuleAngiogramDiabetic Macular Edema
References
28
Case No. MISSING
Regular Panel Decision

Goolesby v. ABB C-E Services, Inc.

This case involves a workers' compensation appeal concerning the offset of social security benefits against a permanent total disability award. The plaintiff, injured in 1996, began receiving social security benefits in 1999. The defendant appealed the trial court's denial of a social security offset, arguing for the application of Tenn. Code Ann. § 50-6-207(4)(A)(i). The Special Workers’ Compensation Appeals Panel and subsequently the Supreme Court, citing Tucker v. Foamex, affirmed the trial court's judgment, ruling that the statute regarding social security offsets for employees injured at age 59 would require a judicial rewrite to be applicable in this case. The motion for review was denied, and the Panel's findings and conclusions were adopted and affirmed.

Permanent Total DisabilitySocial Security OffsetWorkers' Compensation BenefitsAge 59 InjuryStatutory InterpretationJudicial RewriteAppellate ReviewEmployer ContributionsPermanent Partial BenefitsTrial Court Affirmation
References
1
Case No. MISSING
Regular Panel Decision

Rolon v. Commissioner of Social Security

Plaintiff Juan Rolon sought review of the Commissioner of Social Security's denial of Social Security Disability (SSD) and Supplemental Security Income (SSI) benefits. The District Court, presided over by Judge Alison J. Nathan, considered motions for judgment on the pleadings from both the Commissioner and Rolon. The court found legal errors in the Administrative Law Judge's (ALJ) decision, specifically regarding the failure to develop the record by recontacting treating physician Dr. Bogard to clarify inconsistencies in her medical assessment and the improper application of the treating physician rule. Additionally, the Appeals Council erred by not considering new and material evidence from an April 2011 CT scan. Consequently, the Commissioner's motion was denied, Rolon's motion was granted, and the case was remanded for further administrative proceedings.

Social Security DisabilitySupplemental Security IncomeAdministrative Law JudgeTreating Physician RuleMedical EvidenceRemandResidual Functional CapacityDepressive DisorderBack PainConsultative Examination
References
28
Case No. MISSING
Regular Panel Decision

Valder v. Barnhart

This case involves Debra A. Valder, who sought Social Security Disability Insurance and Supplemental Security Income benefits due to Charcot Marie Tooth Disease. After her applications were denied by an Administrative Law Judge and the Appeals Council, she challenged the Commissioner of Social Security's final decision in District Court. Plaintiff argued that the ALJ erred in evaluating her disability under Listing 11.14, discounting her treating physicians' opinions, and assessing her credibility. The District Court, presided over by Judge Larimer, affirmed the Commissioner's decision, concluding that the ALJ applied correct legal principles and that the findings were supported by substantial evidence, particularly regarding Valder's residual functional capacity for sedentary work.

Disability BenefitsSocial Security ActCharcot Marie Tooth DiseasePeripheral NeuropathySedentary WorkResidual Functional CapacityTreating Physician RuleCredibility AssessmentAdministrative Law JudgeAppeals Council
References
33
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