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

Case No. 2018 NY Slip Op 05037 [163 AD3d 558]
Regular Panel Decision
Jul 05, 2018

Matter of Empire State Transp. Workers' Compensation Trust v. Special Funds Conservation Comm.

This case concerns a proceeding initiated by Empire State Transportation Workers' Compensation Trust for judicial approval of a settlement, nunc pro tunc, against the Special Funds Conservation Committee. The underlying issue stemmed from the Trust's failure to obtain consent from the Special Funds for a claimant's personal injury settlement, which led the Workers' Compensation Board to find a waiver of reimbursement rights. After an initial denial by the Supreme Court, the Appellate Division reversed and remitted, affirming the court's discretion in compelling such consent. Upon remittitur, the Supreme Court granted the petition, directing the Special Funds to provide nunc pro tunc consent. The Appellate Division affirmed this subsequent order, concluding that the settlement was reasonable, the delay was adequately explained, and no prejudice was demonstrated against the Special Disability Fund.

Workers' CompensationNunc Pro TuncSettlement ApprovalPersonal Injury ActionSpecial Funds Conservation CommitteeAppellate DiscretionReimbursement WaiverJudicial ReviewAppellate PracticeNassau County
References
14
Case No. 2024 NY Slip Op 06200
Regular Panel Decision
Dec 11, 2024

Matter of NYAHSA Servs., Inc. v. Special Funds Group

This case concerns an appeal by NYAHSA Services, Inc., the workers' compensation insurance carrier for St. Patrick's Nursing Home, from an order denying its petition for judicial approval of a personal injury settlement nunc pro tunc. The underlying matter involved Karen DiNoia, who sustained injuries in 2001 during employment and settled a third-party personal injury action in 2005 for $400,000. Although NYAHSA consented, the Special Funds Group's consent was not obtained at the time, which is crucial for the carrier to be reimbursed from the Special Disability Fund. The Supreme Court dismissed the petition, citing a lack of required documentation. However, the Appellate Division, Second Department, reversed the decision, finding that the settlement was reasonable, the delay in seeking judicial relief was not the petitioner's fault, and the Special Funds Group was not prejudiced, thus granting the petition.

Nunc Pro TuncPersonal Injury SettlementJudicial ApprovalAppellate ReviewSpecial Disability FundInsurance Carrier ReimbursementSupreme Court DiscretionDelayPrejudiceReasonableness of Settlement
References
10
Case No. ADJ6743541, ADJ6769168
Regular
Nov 03, 2014

DEBORAH PRYOR vs. INSTITUTE FOR REDESIGNED LEARNING, STATE COMPENSATION INSURANCE FUND, SPECIAL NEEDS NETWORK, INC., ENDURANCE INSURANCE COMPANY

State Compensation Insurance Fund (SCIF) sought reconsideration of an arbitrator's decision denying their contribution claim against Endurance Insurance Company. The arbitrator found that the applicant did not sustain a cumulative injury during her employment with Special Needs Network, insured by Endurance, and therefore Endurance was not liable. The Workers' Compensation Appeals Board denied SCIF's petition, adopting the arbitrator's reasoning that there was insufficient evidence of injurious exposure at Special Needs to establish Endurance's liability. The Board concluded that the applicant's symptoms were due to prior cumulative trauma from employment at Institute for Redesigned Learning, not Special Needs.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for ContributionCumulative InjuryDate of InjuryLabor Code Section 5412Labor Code Section 5500.5Injurious ExposureSubstantial EvidenceCompromise and Release Agreement
References
0
Case No. MISSING
Regular Panel Decision

Claim of Surianello v. Consolidated Edison Co. of New York, Inc.

The claimant, an electrical construction mechanic, developed lung disease after working at the World Trade Center (WTC) site. He filed workers' compensation claims, and was eventually found permanently totally disabled. The self-insured employer sought reimbursement from the Special Disability Fund, arguing a preexisting lung condition contributed to the disability. The Workers’ Compensation Board denied reimbursement, concluding the disability was solely caused by WTC site exposure. However, the appellate court reversed, citing medical evidence from pulmonologists Carl Friedman and Neil Schacter, which indicated the claimant's overall disability was materially and substantially greater due to a preexisting restrictive lung disease, not just WTC exposure. The case was remitted to the Board for further proceedings.

WTC Site ExposureOccupational Lung DiseaseSpecial Disability FundReimbursement ClaimPreexisting Medical ConditionPermanent Total DisabilityCausationMedical Expert OpinionAppellate ReviewWorkers' Compensation Board
References
7
Case No. 2016 NY Slip Op 02965 [138 AD3d 927]
Regular Panel Decision
Apr 20, 2016

Jardin v. A Very Special Place, Inc.

Jean-Paul Jardin, injured in a construction site fall from an unsecured ladder, sued A Very Special Place, Inc. (VSP) and Kang Suk Construction, Inc. under Labor Law § 240(1). VSP sought contractual indemnification from Kang Suk and Trinity Interior Coatings, Inc. The Appellate Division affirmed the denial of Jardin's summary judgment motion due to factual disputes regarding his site authorization. However, the court modified a prior order, granting VSP conditional summary judgment for contractual indemnification against Kang Suk, finding VSP free from negligence. VSP's claim against Trinity was denied as their indemnification agreement was signed after the accident and lacked retroactive intent.

Construction Site AccidentLadder SafetyLabor Law ViolationContractual IndemnificationSummary JudgmentThird-Party LiabilitySubcontractor AgreementsRetroactive Contract ApplicationAppellate Division ReviewPersonal Injury Litigation
References
16
Case No. MISSING
Regular Panel Decision

Claim of Roberts v. Agway, Inc.

This case involves an appeal from a Workers' Compensation Board decision that found an occupational disease and resulting death of claimant's husband due to harmful dust exposure during employment, discharging the Special Disability Fund. Appellants, the employer Agway, Inc. and its insurance carrier, contended that the claim should be reimbursable from the Special Disability Fund under provisions relating to silicosis or other dust diseases. The decedent had incurred chronic bronchitis, diffuse pulmonary emphysema, and chronic corpulmonale, resulting in his death. The court affirmed the prior award to the claimant, stating that cereal grain exposure is not a 'dust disease' covered by the specific Workers' Compensation Law sections for reimbursement from the Special Disability Fund. The board's decision, supported by unanimous medical opinion that the decedent did not suffer from silicosis or other pneumoconiosis, was affirmed.

Occupational DiseaseDust DiseaseWorkers' Compensation LawSpecial Disability FundCausal RelationshipChronic BronchitisPulmonary EmphysemaChronic CorpulmonaleSilicosisPneumoconiosis
References
6
Case No. MISSING
Regular Panel Decision

Klem v. Special Response Corp.

This case involves an appeal from an order regarding the distribution of settlement proceeds and a workers' compensation lien. The plaintiff sustained an ankle injury during employment and subsequently settled a personal injury action against Special Response Corporation. Zurich Insurance Company, the workers' compensation insurer for the plaintiff's employer, had paid over $114,000 in benefits and claimed a lien against the $70,000 settlement proceeds. The Supreme Court initially ruled that Zurich was not entitled to assert a lien. However, the appellate court reversed this decision, affirming Zurich's right to a lien, but remitted the matter to the Supreme Court for further proceedings to properly calculate the lien amount, taking into account statutory reductions for benefits paid in lieu of first-party benefits and an equitable apportionment of litigation costs, including attorneys' fees.

Workers' CompensationLien RightsSettlement ProceedsPersonal InjuryAppellate ReviewInsurance LawEquitable ApportionmentLitigation CostsFirst-Party BenefitsNo-Fault Law
References
6
Case No. MISSING
Regular Panel Decision
Oct 29, 2004

Stepheny v. Brooklyn Hebrew School for Special Children

Plaintiffs Maria and Gregory Stepheny, an interracial married couple, brought employment discrimination suits against their former employer, the Brooklyn Hebrew School for Special Children. Maria alleged a racially hostile work environment, race discrimination, and retaliation, while Gregory claimed a sexually hostile work environment and retaliation, citing violations of Title VII, 42 U.S.C. § 1981, and New York State and City Human Rights Laws. Their termination in May 2001 followed a verbal and physical altercation with a co-worker, Nekeya Black, stemming from Gregory's prior extramarital affair with Black. The defendant moved for summary judgment, arguing that any alleged harassment was due to personal animosity from the affair, not discrimination, and that the plaintiffs' termination was for legitimate, non-discriminatory reasons related to workplace misconduct. The court granted summary judgment to the defendant, concluding that the alleged harassment was not based on race or sex, was not sufficiently severe or pervasive, and the employer took reasonable remedial action. Furthermore, the court found no evidence of pretext in the termination decision.

Employment DiscriminationRace DiscriminationSex DiscriminationHostile Work EnvironmentRetaliationSummary JudgmentTitle VIISection 1981New York State Human Rights LawNew York City Human Rights Law
References
62
Case No. MISSING
Regular Panel Decision
Nov 24, 2008

Claim of Clark v. Suny Upstate Medical Center

Claimant injured her back in 1994, leading to a closed case in 1997. Following further work-related injuries in 2001 and 2003, the 1994 claim was reopened in 2004 to address apportionment of liability. The Workers’ Compensation Board determined that the Special Fund for Reopened Cases should assume liability for the 1994 claim under Workers’ Compensation Law § 25-a, a decision which the Special Fund appealed. The Appellate Division affirmed the Board’s decision, finding that the statutory time limits for shifting liability to the Special Fund (more than seven years after injury and more than three years after last payment) were satisfied. The court rejected the Special Fund's contention that the employer's carrier voluntarily paid benefits for the 1994 claim, noting that the carrier had raised the issue of Special Fund liability.

Workers' Compensation LawSpecial Fund for Reopened CasesLiability shiftingCase reopeningApportionmentStatutory time limitsVoluntary paymentsAppellate reviewBack injuryMedical opinion
References
6
Case No. MISSING
Regular Panel Decision
Apr 22, 2004

Cecere v. Consolidated Edison

Claimant filed for workers' compensation benefits in 1995, alleging asbestosis due to asbestos exposure during a 24-year career with the employer. A workers' compensation law judge established the case for asbestosis, found permanent partial disability, and awarded benefits, a decision later affirmed by the Workers’ Compensation Board. The Special Funds Conservation Committee appealed, contending the Board erred by not establishing an independent claim for asbestos-related pleural disease (ARPD) as an occupational disease. The court found this argument unpersuasive and affirmed the Board’s decision, citing substantial evidence supporting the asbestosis diagnosis and permanent partial disability finding, based on both claimant's physician and the independent medical examiner's reports.

AsbestosisOccupational DiseasePermanent Partial DisabilityWorkers' Compensation BenefitsAsbestos-Related Pleural DiseaseMedical ReportsIndependent Medical ExaminationSpecial Funds Conservation CommitteeAppellate ReviewBoard Decision Affirmation
References
2
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