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

Case No. MISSING
Regular Panel Decision
Feb 02, 1984

Krebbeks v. Regan

Petitioner, the widow of a Department of Transportation employee, applied for accidental death benefits after her husband's service-connected death in July 1981. Although her application for accidental death benefits was approved, these benefits were entirely offset by workers' compensation payments, leaving her with no current payments from the State Employees’ Retirement System. Subsequently, petitioner sought a lump-sum ordinary death benefit, which was denied because she was deemed eligible for accidental death benefits, even if offset. This appeal ensued after the denial of her application by a hearing officer and Special Term's concurrence. The court affirmed the denial, citing Retirement and Social Security Law § 60 (a) (3), which states an ordinary death benefit is not payable if an accidental death benefit is payable, with a narrow exception not applicable here.

Accidental Death BenefitsOrdinary Death BenefitsWorkers' Compensation OffsetRetirement and Social Security LawStatutory InterpretationDeath Benefits EligibilityPublic Employee BenefitsAdministrative Law AppealDeath Benefit Offset
References
2
Case No. 528566
Regular Panel Decision
May 26, 2022

In the Matter of the Claim of Christine Kelly (Kelly, Kevin (dec'd)

Claimant Christine Kelly filed a claim for death benefits after her husband's death, alleging it was causally-related to his established asbestos-related occupational disease. Liability for the original disability claim had been transferred to the Special Fund for Reopened Cases in 2011. The employer argued the Special Fund should be liable for the death benefits claim. However, the Workers' Compensation Board and the Appellate Division, Third Judicial Department, affirmed that the death benefits claim was a new and distinct claim, accruing at the time of death in 2016. Therefore, its transfer to the Special Fund was precluded by Workers' Compensation Law § 25-a (1-a), as the Special Fund closed to new applications effective January 1, 2014, a ruling supported by Matter of Verneau v Consolidated Edison Co. of N.Y., Inc. The decision of the Workers' Compensation Board, ruling that liability did not shift to the Special Fund for Reopened Cases, was affirmed.

Workers' Compensation Law § 25-aSpecial Fund for Reopened CasesDeath Benefits ClaimOccupational DiseaseAsbestosisCausally Related DeathLiability TransferStatutory Cut-off DateAppellate DivisionThird Judicial Department
References
2
Case No. MISSING
Regular Panel Decision

Claim of Bowman v. Birdair, Inc.

This case involves an appeal from a Workers’ Compensation Board decision regarding death benefits. Birdair, Inc. contracted to replace a roof and was required to use union labor. They initially used Colonial Rigging and Contracting as a labor broker but later directly contacted unions for workers. The decedent, hired directly by Birdair but placed on Colonial’s payroll, died on his first day from a work-related fall. His spouse filed a claim for death benefits. The Workers’ Compensation Law Judge and subsequently the Board found that the decedent was a general employee of Colonial and a special employee of Birdair, holding Birdair 100% liable. Birdair and its carrier appealed. The Appellate Division affirmed the Board’s decision, finding substantial evidence that Birdair, by supplying tools, equipment, and directing work, had assumed control as a special employer.

Death Benefits ClaimEmployer Liability DisputeSpecial Employer DoctrineGeneral Employer DoctrineLabor BrokerageAppellate AffirmationSubstantial Evidence StandardWork-related FallConstruction IndustryUnion Labor Requirement
References
4
Case No. MISSING
Regular Panel Decision
Dec 03, 2003

Beesmer v. Village of DeRuyter Fire Department

In 1975, the decedent, a volunteer firefighter, suffered a heart attack and continuously received workers' compensation benefits until his death in 2002. His claimant applied for death benefits, alleging a causal link between the 1975 injury and his death. A Workers’ Compensation Law Judge (WCLJ) awarded benefits after denying the employer's request for a second adjournment to depose treating physicians, a decision affirmed by the Workers' Compensation Board. The court found substantial evidence supporting the causal relationship between the heart attack and death, noting that a work-related injury need not be the sole cause of death. Additionally, the court upheld the WCLJ's denial of the adjournment, as the employer failed to provide a sufficient excuse for not scheduling depositions or serving subpoenas during the initial adjournment period.

Workers' Compensation Death BenefitsCausal RelationshipHeart AttackCongestive Heart FailureAdjournment DenialTreating Physician DepositionSubstantial EvidenceAppellate ReviewMedical OpinionVolunteer Firefighter
References
5
Case No. 2019 NY Slip Op 05369 [174 AD3d 1022]
Regular Panel Decision
Jul 03, 2019

Matter of Verneau v. Consolidated Edison Co. of N.Y., Inc.

Claimant Frances Verneau's husband, the decedent, had an established workers' compensation claim for occupational diseases, with liability transferring to the Special Fund for Reopened Cases in December 2011. Following his death in 2017, claimant sought death benefits. Although a Workers' Compensation Law Judge initially held the Special Fund liable, the Workers' Compensation Board reversed this, contending that Workers' Compensation Law § 25-a (1-a) barred the transfer of liability because the death claim arose after the 2014 statutory closure date for new applications. The Appellate Division, Third Department, reversed the Board's decision, stating that the 2013 amendment to Workers' Compensation Law § 25-a (1-a) was inapplicable as the original liability had transferred to the Special Fund in 2011, prior to the January 1, 2014, cut-off. The Court affirmed that where liability for a claim has already been transferred, the Special Fund remains liable for causally related death benefits.

Workers' Compensation LawOccupational DiseaseAsbestosisDeath Benefits ClaimSpecial Fund for Reopened CasesStatutory InterpretationAppellate DivisionTransfer of LiabilityWorkers' Compensation Board DecisionConsequential Death
References
7
Case No. MISSING
Regular Panel Decision

Zechmann v. Canisteo Volunteer Fire Department

This case addresses whether a claim by a surviving spouse for death benefits, traceable to a 1951 injury, is time-barred under New York's Workers' Compensation Law. The Special Fund for Reopened Cases argued for the application of

Workers' Compensation LawSpecial Fund for Reopened CasesDeath Benefits ClaimTime-Barred ClaimStatute of LimitationsContinuing JurisdictionClosed Cases ReopeningDisability ClaimCausal RelationVolunteer Firemen's Benefit Law
References
13
Case No. MISSING
Regular Panel Decision

Claim of Dellauniversita v. Tek Precision Co.

The case involves an appeal from a Workers’ Compensation Board decision regarding a claim for death benefits. Claimant’s husband suffered a work-related injury in 1987 and later died. The claimant, as his widow, filed for death benefits. However, the claimant herself died before the causal relationship between her husband’s death and the 1987 incident could be established. The Workers’ Compensation Board ruled that her claim for death benefits abated upon her death. The appellate court affirmed this decision, citing precedents that claims for death benefits abate if a determination on the merits, such as causal relationship, has not been established prior to the claimant’s death.

Workers' CompensationDeath BenefitsClaim AbatementCausal RelationshipAppellate ReviewProcedural IssuesPrecedentLegal Interpretation
References
3
Case No. 528032
Regular Panel Decision
May 12, 2022

In the Matter of the Claim of IRA Jason Lucks, as Executor of the Estate of Julius Lucks, Deceased, Claimant

Julius Lucks suffered a work-related myocardial infarction in 1980, with liability initially against Continental Casualty Company (CNA) before being transferred to the Special Fund for Reopened Cases. After Julius's death in June 2013, his executor, Ira Jason Lucks, filed a claim for consequential death benefits. The Workers' Compensation Board ruled that CNA was the proper carrier for the death benefit claim, citing the failure to raise the applicability of Workers' Compensation Law § 25-a prior to the January 1, 2014 cutoff date. The Appellate Division affirmed the Board's decision, emphasizing that for relief from the Special Fund under Workers' Compensation Law § 25-a (1-a), both the accrual of the death benefit claim and the application for transfer of liability must occur before the January 1, 2014 deadline.

Workers' CompensationDeath BenefitsSpecial Fund for Reopened CasesTransfer of LiabilityAccrual DateCutoff DateCarrier LiabilitySection 25-aMyocardial InfarctionPermanent Partial Disability
References
3
Case No. 2019 NY Slip Op 05370 [174 AD3d 1026]
Regular Panel Decision
Jul 03, 2019

Matter of Rexford v. Gould Erectors & Riggers, Inc.

The case involves an appeal from a Workers' Compensation Board decision regarding liability for death benefits. The decedent suffered heart attacks in 1987 and 1991, with liability for his workers' compensation claim transferring to the Special Fund for Reopened Cases in 1997. Following his death in 2016, his administrator sought death benefits, alleging the 1987 heart attack contributed to his demise. A WCLJ and subsequently the Workers' Compensation Board ruled that the State Insurance Fund was the proper carrier, citing American Economy Ins. Co. v State of New York and Workers' Compensation Law § 25-a (1-a), thereby absolving the Special Fund. The carrier appealed, arguing that Matter of Misquitta v Getty Petroleum should control. The Appellate Division, Third Department, reversed the Board's decision, confirming that the Special Fund is liable for consequential death claims if liability was transferred before January 1, 2014, as in this case.

Workers' CompensationDeath BenefitsSpecial Fund for Reopened CasesHeart AttackCausally Related DeathLiability TransferAppellate DivisionThird DepartmentJudiciary LawWorkers' Compensation Law § 25-a
References
3
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
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