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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

Claim of Murray v. St. Joseph's Hospital

The State Insurance Fund appealed a decision by the Workers’ Compensation Board, filed March 10, 1995. The Board had denied the Fund’s application to transfer a claimant’s workers’ compensation case to the original Workers’ Compensation Law Judge (WCLJ) after a final determination awarding benefits had already been made. The appellate court affirmed the Board’s decision, citing Workers’ Compensation Law § 20, which states that a continued hearing before the same referee is only required until a final determination is reached. Since a final award had been made, the court found no requirement to assign the matter to the original WCLJ, deferring to the Board's interpretation of the statute.

Workers' CompensationAppealWCLJ AssignmentStatutory InterpretationFinal DeterminationAdministrative LawInsurance CarrierJurisdictionBoard Decision
References
1
Case No. 22108137
Regular Panel Decision
Aug 23, 2023

Matter of Harrell v. Blue Diamond Sheet Metal

The Self-Insured Employer appealed a decision by the Workers' Compensation Law Judge (WCLJ) which established a claim for a consequential left knee injury. The WCLJ's decision also directed reimbursement to the claimant for out-of-pocket medical expenses related to the left knee. The Board Panel, after reviewing the evidence, found no reason to disturb the WCLJ's findings regarding the consequential left knee injury. The Board Panel also affirmed the WCLJ's directive for reimbursement of medical expenses. Therefore, the WCLJ's decision was affirmed.

consequential injuryleft knee injuryout-of-pocket medical expensesWCLJ decisionBoard Panelself-insured employerreimbursementmedical treatment
References
0
Case No. 2021 NY Slip Op 00597 [191 AD3d 1048]
Regular Panel Decision
Feb 04, 2021

Matter of King v. City of N.Y. Parks & Recreation

Claimant Dennis King had an established claim for a right knee injury since 1996, receiving awards until 1997. After knee surgery was re-authorized and performed in September 2017, the claimant sought post-surgery awards. A Workers' Compensation Law Judge (WCLJ) initially determined in December 2017 that the case was truly closed, precluding further awards under Workers' Compensation Law § 123. The Workers' Compensation Board denied claimant's application for review in April 2018, affirming the WCLJ's decision. Subsequently, in May 2018, the WCLJ improperly rescinded his earlier decision and ordered post-surgery awards. The Board, upon review, found that the WCLJ lacked the authority to rescind his prior decision, as it had become the final decision of the Board, and the claimant had failed to pursue available administrative or judicial appellate remedies. The Appellate Division affirmed the Board's decision, holding that only the Board possesses continuing jurisdiction, not the WCLJ.

Workers' Compensation LawWCLJ AuthorityBoard JurisdictionCase ClosureAppellate ReviewContinuing JurisdictionTime-BarDecision RescissionFinality of DecisionAdministrative Remedies
References
6
Case No. WCB Case No. G076 8920
Regular Panel Decision
Nov 16, 2023

FAZEKAS, WILLIAM J. v. TIME WARNER CABLE, INC.

The case involves Adan E. Cifuentes, who sustained an injury while working for Amazon.com. A Workers' Compensation Law Judge (WCLJ) found the claimant had a permanent medical impairment and directed the carrier to pay for a medical cannabis prescription. The carrier appealed, arguing the WCLJ lacked jurisdiction and that medical cannabis is not covered under the Workers' Compensation Law. The Board Panel affirmed the WCLJ's decision, finding that the WCLJ had jurisdiction and that the medical cannabis prescription was properly awarded as necessary medical treatment for the claimant's work-related injury.

Workers' Compensation BoardMedical CannabisPermanent Medical ImpairmentJurisdictionMedical TreatmentAppellate ReviewWork-Related InjuryPrescription ReimbursementWCLJ DecisionBoard Panel Review
References
6
Case No. MISSING
Regular Panel Decision

Lewis v. Stewart's Marketing Corp.

In a workers’ compensation case, the self-insured employer appealed an interlocutory decision by the Workers’ Compensation Board that denied a request to review a Workers’ Compensation Law Judge's (WCLJ) decision. The WCLJ had not approved a proposed stipulation for permanent partial disability and continued the case for further testimony and medical depositions, despite the employer’s arguments for approval and removal of the WCLJ for alleged prejudgment. The Board found the stipulation invalid and within its discretion to disregard, upholding the WCLJ's actions. The appellate court dismissed the employer's appeal, ruling it was interlocutory and did not resolve all substantive issues, thus not being appealable until a final Board decision is rendered.

Workers' CompensationAppeal DismissalInterlocutory OrderStipulationPermanent DisabilityWorkers' Compensation BoardWCLJ AuthorityCross-Examination RightsProcedural IssuesJudicial Review
References
3
Case No. MISSING
Regular Panel Decision

Claim of Romano v. New York City Department of Corrections

Claimant, declared totally permanently disabled from a 1978 work injury, appealed three Workers' Compensation Board and WCLJ decisions. The appeals concerned the discontinuation of home health care services, the adjournment of a hearing for an electric bed and whirlpool tub, and a WCLJ determination that all issues were resolved. The Board's rejection of medical opinions for home health care was affirmed. The WCLJ's adjournment for cross-examination of medical experts was also affirmed, citing Board rules. The appeal from the July 23, 2001 WCLJ decision was dismissed due to the claimant's failure to seek Board review as required by Workers’ Compensation Law § 23.

Workers' CompensationPermanent DisabilityHome Health CareMedical EquipmentAdjournmentCross-ExaminationAdministrative ReviewAppeal DismissalNew York LawBoard Rules
References
7
Case No. G0728867
Regular Panel Decision
Feb 09, 2022

DAVIS, JR., VERLEY v. COUNTY OF ERIE DEPT. OF SOC. SERVS.

The Full Board of the Workers' Compensation Board rescinded a Workers' Compensation Law Judge (WCLJ) Memorandum of Decision filed on December 17, 2021. The WCLJ had found that the claimant did not sustain a compensable psychological injury under Workers' Compensation Law § 10(3)(b) from a March 12, 2020 incident. The Board found the WCLJ's decision was not supported by substantial evidence, particularly regarding the medical evidence of a physical injury, including reports from Dr. John M. Mitros and Dr. Anthony J. Mustillo. Consequently, the case was restored to the trial calendar for further development of the record and for a new decision by the WCLJ based on the expanded evidence.

Psychological Injury ClaimPhysical Injury ClaimWorkers' Compensation LawWCLJ Decision RescindedRecord DevelopmentSubstantial EvidenceTrial Calendar RestorationMedical Evidence ReviewPanel DecisionEmployer Liability
References
0
Case No. MISSING
Regular Panel Decision
Sep 07, 2000

Claim of Maliszewska v. Dupuy

Claimant, a domestic employee, suffered massive injuries, including the amputation of her right leg, after being struck by an automobile in January 1996 while caring for her employers' child. She applied for workers' compensation benefits, which were awarded by the Workers’ Compensation Law Judge (WCLJ) and affirmed by the Workers’ Compensation Board. The employers appealed, contending that the Board's decision was based on an incomplete record, that it merely adopted the WCLJ's findings, and that the WCLJ abused discretion by precluding a rebuttal witness. The court found no merit in these contentions, noting that the Board had all pertinent information, properly resolved factual and credibility issues, and that the WCLJ's preclusion of the witness was not an abuse of discretion. The decision of the Workers' Compensation Board was affirmed.

Workers' Compensation BenefitsDomestic Employee InjuryAutomobile AccidentAmputation InjuryBoard Decision AppealIncomplete Record ArgumentWitness CredibilityEvidentiary RulingsJudicial DiscretionCompensable Injury Ruling
References
5
Case No. MISSING
Regular Panel Decision

Claim of Potter v. Springbrook Apartments, Inc.

On July 7, 1999, a claimant, a building maintenance employee, was injured while operating a floor buffing machine. The employer's workers' compensation carrier sought to introduce testimony from the claimant's supervisor, arguing its relevance to the accident, but the Workers’ Compensation Law Judge (WCLJ) denied this request. The WCLJ found accident, notice, and causal relationship, awarding benefits, a decision later affirmed by the Workers’ Compensation Board. On appeal, the employer and carrier contended that the WCLJ's denial of testimony constituted a due process deprivation. The court disagreed, asserting that the WCLJ did not abuse discretion as the supervisor lacked personal knowledge of the incident and the carrier had submitted a prehearing statement, thus no prejudice was demonstrated. The decision of the Workers' Compensation Board was affirmed.

Workers' CompensationDue ProcessWitness TestimonyAdjournmentSupervisor TestimonyFloor Buffing Machine InjuryAccident and Causal RelationshipWCLJ DiscretionLack of PrejudiceBoard Affirmation
References
3
Case No. MISSING
Regular Panel Decision

Claim of Brown v. Orange County Home & Infirmary

The claimant appealed a Workers' Compensation Board decision from November 10, 1999, which prevented her from raising certain issues. Previously, a WCLJ had made awards for reduced earnings but later stopped payments. Despite being advised to provide updated medical and financial records for a subsequent hearing, the claimant failed to do so, leading the WCLJ to close the case and make prior tentative rates permanent. The Board denied review of the claimant's arguments regarding continuing disability and insufficient rates, concluding that these issues had not been raised before the WCLJ. The Court affirmed the Board's decision, finding its conclusion rational given the claimant's failure to present evidence or request further development of the record at the WCLJ hearing, as per 12 NYCRR 300.13 (e) (1) (iii).

Workers' Compensation AppealReduced EarningsDisability ClaimMedical EvidenceProcedural IssuesBoard ReviewWCLJ DecisionEvidence SubmissionFailure to Raise IssuesAdministrative Law
References
3
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