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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

Claim of Wilkinson v. Bendix Friction Corp.

Claimant filed a workers' compensation claim after being diagnosed with a lung condition, which a Workers' Compensation Law Judge (WCLJ) determined in August 2003 was an occupational disease causally related to 1969 asbestos exposure while working for the employer, though not currently disabling. The claimant sought review. The Workers' Compensation Board, in January 2004, found the employer's rebuttals to be untimely. Subsequently, the employer and its third-party administrator filed an application for Board review in February 2004, which the Board denied as untimely in October 2004. The employer appealed this denial. The appellate court affirmed the Board's decision, finding no abuse of discretion in denying the application as untimely, given that the employer had received proper notice of the WCLJ decision.

Workers' CompensationUntimely ApplicationBoard ReviewOccupational DiseaseAsbestos ExposureCausal RelationDisability ClaimAppellate Decision
References
4
Case No. MISSING
Regular Panel Decision
Apr 17, 1990

Claim of Rogers v. Evans Plumbing & Heating

The claimant appealed a decision from the Workers’ Compensation Board, filed on April 17, 1990, which ruled his application untimely. The claimant had applied on August 31, 1988, to review two Workers’ Compensation Law Judge decisions from August 5, 1985, and October 1, 1985, denying compensation benefits for a period between February 7, 1983, and September 23, 1985. The Board correctly determined that the claimant's application was untimely as it was filed more than 30 days after the original decisions, citing Workers’ Compensation Law § 23 and 12 NYCRR 300.13 (a). The Board's decision to not entertain the untimely application was found to be neither arbitrary nor capricious. The higher court subsequently affirmed the Board's decision.

Untimely ApplicationWorkers' Compensation LawAppellate ReviewBoard DecisionProcedural TimelinessJudicial ReviewAppealSection 23NYCRR 300.13Claimant Benefits
References
1
Case No. 78107628
Regular Panel Decision

Stojanov v. Eastman Kodak Co.

Claimant appealed two decisions by the Workers' Compensation Board, filed July 10, 2008, which ruled that his applications for review were untimely. These claims stemmed from 1981 work-related accidents, reopened in 2008 with liability transferred to the Special Fund for Reopened Cases. A Workers’ Compensation Law Judge denied compensation in May 2008, citing Workers’ Compensation Law § 123. The Board found claimant's applications for review, mailed on the 30th day but received later, were untimely. The Appellate Division affirmed the Board’s decision, emphasizing that Workers’ Compensation Law § 23 requires filing within 30 days, not just mailing.

timelinessSpecial FundBoard reviewappealWCLJ decisionfiling deadlinemailed applicationamended decisionstatutory interpretationadministrative review
References
5
Case No. MISSING
Regular Panel Decision

Aldridge v. AC Rochester Products

The claimant, an employee of AC Rochester Products, experienced severe chest pain during employment in December 1987. After multiple medical examinations, her condition was diagnosed in January 1990 as chronic pain syndrome and costochondritis, related to the 1987 incident. She subsequently filed a workers' compensation claim in April 1990. The Workers' Compensation Board ruled the claim untimely, determining the injury was an accident and not an occupational disease. The appellate court affirmed the Board's decision, finding substantial evidence supported the conclusion that the injuries resulted from an accident, making the claim untimely under Workers’ Compensation Law § 28.

Workers' CompensationTimeliness of ClaimOccupational DiseaseAccidentChronic Pain SyndromeCostochondritisStatute of LimitationsMedical DiagnosisAppealEmployer Liability
References
7
Case No. MISSING
Regular Panel Decision
May 17, 2002

In re the Claim of Kearse

The claimant appealed a decision from the Unemployment Insurance Appeal Board, which upheld its prior ruling that the claimant's request for a hearing was untimely. The claimant had been disqualified from receiving unemployment benefits due to misconduct and charged with an overpayment, but failed to request a review hearing for several months, mistakenly believing her workers' compensation case was related. The Board, upon reconsideration, adhered to its finding that the request was untimely. The Appellate Division affirmed the Board's decision, reiterating that a claimant typically has 30 days to request a hearing unless there is a valid excuse. The court also declined to consider the claimant's belated assertions of post-traumatic stress disorder as a justification for the delay.

Unemployment BenefitsUntimely RequestMisconduct DischargeOverpaymentWorkers' CompensationPost-Traumatic Stress DisorderAppellate ReviewHearing TimelinessAdministrative DecisionNew York Appellate Division
References
4
Case No. MISSING
Regular Panel Decision

Almoravids v. Chase Manhattan Bank

The employer-respondent moved to dismiss an appeal as untimely. The Board had previously affirmed a referee's determination in June 1977, disallowing a claim. The appellant did not appeal this decision but sought reconsideration. In December 1977, the Board advised no further action was warranted. In January 1978, the appellant requested an appeal of both the June and December 1977 determinations. The appeal from the June 1977 decision was deemed untimely under Workers’ Compensation Law § 23, leading to the granting of the employer-respondent's motion to dismiss that appeal. The appellant's separate motion for an extension of time to prosecute the appeal was also denied without costs.

Appeal DismissalUntimely AppealWorkers' Compensation LawMotion GrantedMotion DeniedExtension of TimeBoard DecisionReconsideration Request
References
0
Case No. MISSING
Regular Panel Decision
May 16, 2003

Claim of Isaacs v. Fleet Financial Services

Claimant appealed a Workers’ Compensation Board decision from May 16, 2003, which deemed her application for review untimely. The claimant's initial workers' compensation claim for a compensable back injury was established in 1999, with an average weekly wage set at $258. After the case was reopened in 2000 for further medical treatment and then closed in 2001, claimant sought an explanation for her average weekly wage calculation in March 2003, over three years after the initial decision became final. Her subsequent formal application for Board review of the 1999 administrative decision was denied as untimely because it was filed more than 30 days after the initial decision, as required by 12 NYCRR 313.3 [c] and Workers’ Compensation Law § 23. The court affirmed the Board’s discretionary decision, finding no abuse of discretion given the significant delay and lack of evidence demonstrating erroneous wage computation.

Workers' CompensationAppealTimeliness of ApplicationAdministrative ReviewAverage Weekly WageBoard DiscretionNew York Labor LawJudicial ReviewProcedural IssuesStatutory Interpretation
References
5
Case No. MISSING
Regular Panel Decision
Mar 03, 2009

Lopez v. 395 Brook Realty Corp.

A claimant sought workers' compensation benefits after an alleged injury while employed by 395 Brook Realty Corporation, owned by David Damaghi. A Workers' Compensation Law Judge (WCLJ) found an employer-employee relationship and awarded benefits. Brook Realty subsequently filed an application for review with the Workers' Compensation Board nearly two months after the WCLJ's decision, exceeding the 30-day statutory limit. The Board denied the application as untimely, and this decision was affirmed on appeal. The court found no abuse of discretion by the Board, noting that Brook Realty failed to provide any explanation for the delay.

workers' compensationappeal timelinessadministrative lawjudicial reviewemployer liabilityprocedural due processstatutory interpretationboard discretionNew Yorklabor law
References
8
Case No. MISSING
Regular Panel Decision

Claim of Graniero v. Northern Westchester Hospital

The case concerns an appeal from a Workers’ Compensation Board decision, filed in January and June 1998, which found a claimant's workers’ compensation claim untimely. The claimant, who experienced bilateral carpal tunnel syndrome in 1992 or 1993 and was advised it was work-related, did not file a claim until February 1996. The Board determined the claim was time-barred under Workers’ Compensation Law § 28, as the claimant knew of the work-related condition within the statutory two-year period and failed to notify the employer. The appellate court affirmed the Board's decision, emphasizing the Board's discretion in setting the date of disablement and noting the claimant's early awareness of the work-related nature of his condition.

Workers' CompensationTimelinessOccupational DiseaseCarpal Tunnel SyndromeDate of DisablementStatute of LimitationsAppellate DecisionMedical TreatmentEmployer NotificationBoard Decision
References
7
Case No. MISSING
Regular Panel Decision

Claim of Coursey v. Applied Minds, Inc.

Claimant, an executive assistant, developed work-related symptoms beginning in 1989, leading to medical leave in August 2001. She filed a workers' compensation claim in September 2001, which a WCLJ initially approved, setting the disablement date. The Workers’ Compensation Board reversed this, ruling the claim untimely as it determined the claimant should have known about the work-relatedness of her condition more than two years prior to filing. This court reversed the Board's decision, emphasizing that the Board failed to address the WCLJ's established date of disablement. The case is now remitted to the Board for further proceedings consistent with this court’s decision.

Occupational DiseaseTimeliness of ClaimDate of DisablementWorkers’ Compensation BoardAppealRemittalWork-Related InjuryClaim ReversalNew York Workers' CompensationMedical Leave
References
2
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