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

Case No. Nos. 56 & 58
Regular Panel Decision
May 21, 2020

Matter of Seawright v. Board of Elections / Matter of Hawatmeh v. State Board of Elections

The New York Court of Appeals addressed two consolidated cases, *Matter of Seawright* and *Matter of Hawatmeh*, to resolve a departmental split regarding the interpretation of Election Law filing deadlines during the COVID-19 pandemic. In *Seawright*, the Appellate Division, First Department, had excused a candidate's belated filing of a cover sheet and certificate of acceptance due to COVID-19 related illness and quarantine, deeming it not a fatal defect. Conversely, in *Hawatmeh*, the Appellate Division, Third Department, found a candidate's late filing of a certificate of acceptance to be a fatal defect despite pandemic circumstances. The Court of Appeals reversed the *Seawright* decision and affirmed the *Hawatmeh* decision, holding that Election Law § 1-106 (2) mandates strict compliance with filing deadlines. The Court concluded that the failure to timely file constitutes a fatal defect that courts cannot excuse, even under unique or extenuating circumstances like the COVID-19 pandemic, emphasizing that it is the legislature's role to fashion exceptions to the law. Dissenting judges argued for a more flexible interpretation based on legislative intent behind pandemic-related laws and prior Election Law reforms, allowing for substantial compliance during the unprecedented health crisis.

Election LawCOVID-19 PandemicFiling DeadlinesFatal DefectStrict ComplianceBallot AccessJudicial DiscretionLegislative IntentAppellate Division ConflictQuarantine Requirements
References
39
Case No. CV-23-0719
Regular Panel Decision
Sep 26, 2024

In the Matter of the Claim of Bruce Matter

Claimant Bruce A. Matter, an account executive for Google Inc., sustained a traumatic brain injury in October 2021 after being struck by motorized bicycles while returning from an employer-encouraged "Happy Hour" event. The employer and its carrier disputed the claim, arguing the accident did not arise out of or in the course of employment. A Workers' Compensation Law Judge initially disallowed the claim, but the Workers' Compensation Board reversed, finding a causal nexus due to the employer's derived benefit from the event and the altered travel risks it entailed. The Supreme Court, Appellate Division, Third Judicial Department, affirmed the Board's decision, concluding that substantial evidence supported the finding that the employer benefited from the claimant's participation and that the event altered his usual travel, increasing the risk of injury.

Accidental InjuryCourse of EmploymentCausal NexusSpecial Errand DoctrineDual-Purpose DoctrineEmployer BenefitOff-Premises AccidentTraumatic Brain InjuryHappy Hour EventWork-Related Activity
References
13
Case No. 532311
Regular Panel Decision
Dec 09, 2021

In the Matter of the Claim of Katherine King

Katherine King appealed a Workers' Compensation Board decision denying her reduced earnings awards after June 22, 2014. King sustained a work-related back injury in 2006 while employed by the Department of Corrections and concurrently as a waitress and baker, leading to reduced earnings awards based on her cumulative average weekly wage. She ceased working for the Department in 2014 due to an unrelated disability and had not worked since. The Board affirmed a Workers' Compensation Law Judge's ruling that there was no basis to continue awards, as her retirement was unrelated to her disability and she failed to show reattachment to the labor market. The Appellate Division reversed and remitted the matter, finding the Board's reasoning incomplete regarding lost wages from her restaurant job and the need to demonstrate reattachment to the labor market, especially considering the 2017 amendment to Workers' Compensation Law § 15 (3) (w).

Reduced EarningsPermanent Partial DisabilityWorkers' Compensation BoardLabor Market AttachmentConcurrent EmploymentCausally Related Lost WagesDisability RetirementAppellate ReviewRemittal
References
5
Case No. 525358
Regular Panel Decision
Jun 07, 2018

Matter of Busat v. Ramapo Manor Nursing Ctr.

Claimant, a food service worker, suffered work-related injuries to his back, neck, and right shoulder in 1997, receiving workers' compensation benefits. In 2014, claimant resumed treatment for his right shoulder and was found to have a 50% temporary disability. During a vacation, he underwent an unrelated cardiac procedure, which prevented him from receiving medical clearance for planned shoulder surgery due to ongoing heart medication. The Workers' Compensation Board initially ruled that claimant's departure from employment was unrelated to his disability and that he failed to remain attached to the labor market. The Appellate Division, Third Department, found the Board's reasoning contradicted by consistent medical evidence indicating claimant's inability to obtain shoulder surgery clearance due to his cardiac condition. Consequently, the court reversed the Board's decisions and remitted the matter for further proceedings.

Workers' CompensationDisability BenefitsLabor Market AttachmentMedical ClearanceCardiac ConditionShoulder InjuryBoard ReconsiderationAppellate ReviewMedical EvidenceCausation
References
3
Case No. MISSING
Regular Panel Decision

MATTER OF MERSON v. McNally

The Court of Appeals addresses whether a negative declaration under the State Environmental Quality Review Act (SEQRA) can be issued for a Type I action, even when the project has been modified to accommodate environmental concerns. Reviewing two related cases, Matter of Merson v McNally and Matter of Philipstown Indus. Park v Town Bd., the Court examines a mining project by Philipstown Industrial Park, Inc. (PIP) in the Town of Philipstown, Putnam County. The Planning Board, acting as the lead agency, issued a negative declaration after PIP revised its plans in response to public and agency input regarding noise, traffic, and groundwater. The Appellate Division had annulled this declaration, viewing the modifications as impermissible 'conditioned negative declarations.' The Court of Appeals reversed, holding that such project adjustments, made through an open and deliberative process to mitigate potential adverse effects, are a legitimate part of SEQRA review and do not invalidate a negative declaration. The cases are remitted to the Appellate Division for consideration of unaddressed issues, including preemption.

Environmental ReviewSEQRANegative DeclarationMined Land Reclamation LawType I ActionProject ModificationEnvironmental Impact StatementLead AgencyZoning LawAppellate Review
References
15
Case No. No. 29-30
Regular Panel Decision
Apr 21, 2022

In the Matter of the Claim of Thomas Johnson; In the Matter of the Claim of Joseph D. Liuni

This opinion addresses two appeals concerning Workers’ Compensation Law (WCL) § 15, specifically whether a schedule loss of use (SLU) award for a subsequent injury to a subpart of an enumerated body "member" must be reduced by a prior SLU award to a different subpart of the same member. The Court of Appeals holds that WCL § 15 (7) allows for multiple SLU awards for successive injuries to the same statutory body member, provided the claimant demonstrates that the second injury, considered by itself, caused an increased loss of use. The Court affirmed the Appellate Division's order in Matter of Johnson v City of New York, finding that claimant Thomas Johnson failed to provide sufficient evidence that his knee injuries caused a further loss of use of his legs beyond that addressed in a prior SLU award for hip injuries. Conversely, the Court reversed the Appellate Division's order in Matter of Liuni v Gander Mountain, remitting the case for further proceedings because claimant Joseph D. Liuni did provide evidence that his later shoulder injury caused a distinct increase in the loss of use of his arm separate from a prior elbow injury. The decision clarifies the application of WCL § 15 (7) regarding successive SLU awards and the burden of proof on claimants.

Workers' Compensation LawSchedule Loss of Use (SLU)Successive InjuriesBody Member ImpairmentOffset RulePrior Disability CompensationEarning CapacityStatutory InterpretationAppellate ReviewMedical Evidence
References
33
Case No. 532151
Regular Panel Decision
Dec 09, 2021

In the Matter of the Claim of Keith Whitney

Claimant, Keith G. Whitney, established a workers' compensation claim for various injuries from a December 2013 slip and fall, leading to a recognized need for 24/7 home health aide services. The Workers' Compensation Board affirmed a WCLJ decision finding claimant permanently totally disabled and entitled to ongoing home health aide services, rejecting the employer's arguments regarding apportionment with unrelated multiple sclerosis and the cessation of need after October 2017. On appeal, the Appellate Division affirmed the finding of entitlement to ongoing home health aide services, noting the issue was conclusively decided. However, the Court modified the decision by reversing the award of reimbursement, remitting the matter to the Board to determine the rate and amount of reimbursement for services provided after October 6, 2017, and to address the employer's request for substantiation of services.

Workers' CompensationHome Health AideReimbursementPermanent Total DisabilityCausally-Related InjuryApportionmentJudicial ReviewAppellate PracticeStatutory InterpretationMedical Expenses
References
4
Case No. 2021 NY Slip Op 02391 [193 AD3d 932]
Regular Panel Decision
Apr 21, 2021

Matter of Zamir F. (Ricardo B.)

The Administration for Children's Services appealed an order from the Family Court, Kings County, which had dismissed petitions alleging that Ricardo B. neglected Zamir F. through sexual abuse and derivatively neglected his other children, Elijah B., Jordan B., Jeremiah B., and Messiah B. The Appellate Division, Second Department, reversed the Family Court's order. It found that the petitioner had sufficiently established neglect and derivative neglect by a preponderance of the evidence, concluding that the testimony of the petitioner's child sexual abuse expert reliably corroborated Zamir's out-of-court statements. The court also determined that the Family Court had erred in its credibility assessment, particularly in preferring the father's expert's testimony. The matter was remitted to the Family Court for a dispositional hearing and the issuance of a dispositional order.

Child NeglectSexual AbuseDerivative NeglectFamily Court Act Article 10Corroboration of Child StatementsExpert TestimonyCredibility AssessmentAppellate ReviewParental DutiesRisk of Harm
References
8
Case No. 2019 NY Slip Op 01290
Regular Panel Decision
Feb 21, 2019

Matter of Estate of Youngjohn v. Berry Plastics Corp.

Decedent Norman Youngjohn suffered work-related injuries to his right shoulder and left elbow. Prior to the finalization of his schedule loss of use (SLU) award, he passed away from unrelated causes. His estate, as claimant, sought the full SLU award. However, the Workers' Compensation Board limited the payment to reasonable funeral expenses, citing Workers' Compensation Law § 15 (4) (d). The Appellate Division, Third Department, reviewed the statutory interpretation, concluding that only the portion of the SLU award accrued at the time of death, along with reasonable funeral expenses, is payable to the estate. The court modified the Board's decision and remitted the matter for recalculation of the amount owed.

Schedule Loss of UseWorkers' Compensation BenefitsPost-Mortem AwardEstate ClaimsFuneral ExpensesStatutory InterpretationLump-Sum PaymentAccrued BenefitsMaximum Medical ImprovementAppellate Review
References
14
Case No. 2018 NY Slip Op 07122 [165 AD3d 1108]
Regular Panel Decision
Oct 24, 2018

Matter of Alexandria F. (George R.)

This case involves consolidated proceedings concerning the alleged abuse and neglect of three children, Alexandria F., Adalila R., and George W.R., by George R. The Family Court, Nassau County, found George R. severely abused Alexandria F. and derivatively abused Adalila R. and George W.R., also finding neglect of all three children. Additionally, the Family Court denied a petition for custody and access filed by Adalila R.-S. On appeal, the Appellate Division, Second Department, modified the Family Court's order by deleting the 'severe' designation from the abuse finding regarding Alexandria F., as George R. was not her legal parent at the time. The court affirmed the findings of abuse against Alexandria F. and derivative abuse against Adalila R. and George W.R. Crucially, the Appellate Division disagreed with the Family Court's decision not to treat George R. as the father of Adalila R. and George W.R., citing formal judicial admissions by DSS. Consequently, the matter was remitted to the Family Court for further dispositional proceedings concerning Adalila R. and George W.R., including a re-evaluation of reunification efforts and the appropriateness and duration of protection orders. The denial of Adalila R.-S.'s custody and access petition was affirmed.

Child abuseChild neglectDerivative abuseParental rightsPaternityOrders of protectionCustody and accessFamily Court ActAppellate reviewRemittal
References
18
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