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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

Matter of Covert v. Niagara County

Claimant, a public assistance recipient, suffered a work-related injury while assigned to Niagara County through a work experience program. A Workers’ Compensation Law Judge initially established the claim and determined an average weekly wage based on public assistance benefits. After public assistance benefits were suspended, the claimant sought lost wage benefits. The Workers’ Compensation Board affirmed a WCLJ decision, ruling that payments made under the work experience program constituted "wages" under the Workers’ Compensation Law. Niagara County and its third-party administrator appealed this decision. The appellate court dismissed the appeal, holding that the Board's decision was interlocutory and did not dispose of all substantive issues, thus precluding immediate appeal. The court noted that review could be sought if and when a final determination on wage replacement benefits is issued.

Wage DeterminationPublic Assistance BenefitsWork Experience ProgramInterlocutory AppealAppellate JurisdictionMedical Evidence SufficiencySchedule Loss of UseLost Wage ClaimWorkers' Compensation Board ReviewFinality of Decision
References
9
Case No. 5615/89; 2643/91
Regular Panel Decision

In re the Director of the Assigned Counsel Plan

The court denies the Director of the Assigned Counsel Plan of the City of New York's request for further reconsideration of 'reasonable compensation' awarded to expert witness Hillel Bodek in People v Toe and People v Hoe. Judge Goodman reaffirmed the original compensation, emphasizing that judicial determinations of expert fees under County Law § 722-c are not subject to administrative review by the Director. The court rejected arguments regarding excessive compensation, lack of specificity in orders, and the expert's qualifications, highlighting the confidentiality of reports and the judge's sole authority in such matters. The opinion clarified the roles of judges and administrators in the assigned counsel plan. The Director was ordered, under penalty of contempt, to process the payment of $5,200 and $200 for Bodek's services.

Expert Witness CompensationCounty Law § 722-cJudicial DiscretionAdministrative ReviewForensic Social WorkMental Health EvaluationConfidentiality of ReportsProfessional QualificationsExtraordinary CircumstancesContempt Order
References
11
Case No. M2009-01331-COA-R3-CV
Regular Panel Decision
Mar 30, 2010

State of Tennessee ex rel., Carla S. (Nelson) Rickard v. Douglas Taylor Holt

This case concerns a direct appeal from the Circuit Court for Sumner County regarding a trial court's decision to exempt Douglas Taylor Holt (Father/Appellee) from a mandatory wage assignment for child support payments, as stipulated by Tenn. Code. Ann. 36-5-501(a). The State of Tennessee, ex rel. Carla S. Rickard (Mother/Appellant), challenged this exemption. The trial court found good cause, citing Mr. Holt's timely payment history and credible concerns that a wage assignment could negatively impact his professional employment as a commercial airline pilot. On appeal, the Court of Appeals of Tennessee at Nashville affirmed the trial court's finding, concluding that the evidence did not preponderate against the determination that good cause existed and that waiving the wage assignment was in the children's best interest, prioritizing consistent support over potential employment risks and protracted litigation.

Child supportwage assignmentgood cause exceptionparental responsibilityemployment impactbest interest of the childappellate reviewabuse of discretionTennessee lawstatutory interpretation
References
10
Case No. MISSING
Regular Panel Decision

Otis Eastern Service, Inc. v. Hudacs

This CPLR article 78 proceeding reviewed a determination by the respondent regarding the petitioner's alleged failure to pay prevailing wages and wage supplements to 28 workers at the Belleayre Mountain Ski Center project. The petitioner argued that workers were properly classified as general laborers and welder helpers, while the respondent contended they should be classified as intermediate laborers under the Laborers’ Union Local 17 Agreement. The Hearing Officer initially sided with the petitioner, but the respondent rejected this, finding willful underpayments. The court affirmed the respondent's determination, concluding it was supported by substantial evidence and that the finding of willfulness was justified.

Prevailing WageWage SupplementsWorker ClassificationLabor LawCPLR Article 78Willful UnderpaymentUnion ContractsJudicial ReviewAdministrative DeterminationSubstantial Evidence
References
10
Case No. MISSING
Regular Panel Decision

Director of the Assigned Counsel Plan v. Townsend

This case involves an appeal by the Director of the Assigned Counsel Plan from orders of the Supreme Court, New York County. The Director's applications sought to reduce vouchers for compensation for services other than counsel in multiple criminal cases. The Supreme Court denied these applications and, upon reconsideration, adhered to its decisions directing the processing of the vouchers. The Appellate Division unanimously affirmed these orders, finding no basis to disturb the lower court's determinations of "reasonable compensation" and "extraordinary circumstances" under County Law § 722-c. The court further ruled that such determinations are not reviewable by the Appellate Division, emphasizing that fiscal concerns regarding compensation should be addressed through administrative review processes.

Assigned Counsel PlanVoucher CompensationCriminal Defense ServicesAttorney CompensationSocial Worker CompensationCounty Law 722-cExtraordinary CircumstancesAppellate ReviewJudicial DiscretionAdministrative Review
References
4
Case No. MISSING
Regular Panel Decision
Jun 22, 2015

Claim of Barrett v. New York City Department of Transportation

The case involves an appeal from a Workers’ Compensation Board decision regarding a claimant injured in a 2011 work-related motor vehicle accident. A WCLJ classified the claimant with a permanent partial disability and a 25% loss of wage-earning capacity, ruling that he would be entitled to 250 weeks of benefits if his full wages ceased. The Board affirmed this, leading the employer to appeal, arguing that the claimant's current full wages meant a 100% wage-earning capacity, rendering the 25% loss finding unlawful. The court affirmed the Board’s decision, distinguishing between 'loss of wage-earning capacity' (fixed, for benefit duration) and 'wage-earning capacity' (fluctuating, for weekly rates).

Workers' CompensationPermanent Partial DisabilityWage-Earning CapacityLoss of Wage-Earning CapacityBenefit DurationAppellate ReviewStatutory InterpretationMotor Vehicle AccidentNew York Workers' Compensation BoardDisability Classification
References
2
Case No. MISSING
Regular Panel Decision
Apr 03, 2000

Claim of Lesperance v. Gulf Oil Co.

The claimant, a former truck driver for Gulf Oil Company, developed bilateral torn rotator cuffs, diagnosed in September 1991, while working part-time for Susse Chalet. The Workers' Compensation Board ruled the condition an occupational disease, fixing the disablement date as September 3, 1991, and attributed it to employment with both Gulf and Susse Chalet, allowing Susse Chalet to pursue apportionment. The current appeal concerns the Board's decision from April 3, 2000, which established the claimant's average weekly wage based solely on employment with Susse Chalet. The claimant argued that due to the disease's degenerative nature and long employment with Gulf, wages from both employers should be considered for the average weekly wage. However, the Board's decision to base the average weekly wage solely on Susse Chalet employment was affirmed, citing Workers' Compensation Law provisions that define wage and average weekly wage based on employment at the time of injury and absence of provisions for successive employers.

Average Weekly Wage CalculationOccupational Disease ApportionmentDate of DisablementSuccessive Employment WagesRotator Cuff InjuryWorkers' Compensation Law InterpretationDegenerative DiseaseStatutory DefinitionsConcurrent Employment DistinctionBoard Decision Appeal
References
0
Case No. MISSING
Regular Panel Decision

New York State Restaurant Ass'n v. Commissioner of Labor

This case involved a CPLR article 78 proceeding initiated by an employer association to challenge a determination by the Industrial Board of Appeals (IBA). The IBA had confirmed a minimum wage order from the Commissioner of Labor, which increased the cash wage for food service workers. The petitioner argued that the Commissioner lacked authority to set a wage lower than legislatively mandated and was constrained in considering other factors. The court converted the proceeding to a direct appeal and affirmed the IBA's determination, concluding that Labor Law § 655 (5) prohibits setting a cash wage less than that specified in Labor Law § 652 (4). The court found the petitioner's arguments without merit.

Minimum WageFood Service WorkersLabor Law InterpretationStatutory AuthorityWage Board ReviewIndustrial Board of AppealsCommissioner of LaborCPLR Article 78 ConversionJudicial Review of Agency ActionEmployer Association Appeal
References
6
Case No. 09-06-569 CV
Regular Panel Decision
Feb 01, 2007

Facility Insurance Corp., a Successor in Interest to the Texas Workers' Compensation Assigned Risk Pool v. Anthony Zenon and Neurobehavioral Resources, Ltd.

This Memorandum Opinion from the Ninth District of Texas at Beaumont addresses an appeal involving Facility Insurance Corp., as Successor in Interest to the Texas Workers' Compensation Assigned Risk Pool (Appellant), and Anthony Zenon and Neurobehavioral Resources, Ltd. (Appellees). The parties jointly requested the Court to vacate the judgment rendered by the trial court and remand the cause for the entry of a new judgment, in accordance with their reached agreement. The Court, finding the motion compliant with Tex. R. App. P. 42.1(a)(2), granted the request. As a result, the judgment of the trial court was vacated without delving into the merits of the case, and the matter was sent back to the 60th District Court of Jefferson County, Texas, for further proceedings in line with the parties' settlement agreement. All costs incurred were assessed against the respective parties.

TexasCourt of AppealsVacatedRemandedSettlement AgreementWorkers' CompensationAppellate ProcedureMemorandum OpinionTrial Court JudgmentJoint Motion
References
0
Case No. MISSING
Regular Panel Decision

Claim of Alund v. Malt River Brewing Co.

Claimant was injured on October 28, 1999, and her workers' compensation claim was established with a tentative average weekly wage of $170.49. This wage was later permanently established by a Workers’ Compensation Law Judge (WCLJ) on July 26, 2001, but the WCLJ then reversed the decision, making it "without prejudice." The Workers’ Compensation Board subsequently ruled that the WCLJ improperly rescinded the permanent wage determination and referred the matter back. Claimant appealed this Board decision. While the appeal was pending, the Board issued another decision on November 3, 2003, closing the claimant's case due to a voluntary withdrawal from the labor market prior to the initial case establishment. Given this subsequent decision, which effectively rescinded the September 2003 decision under appeal, and the claimant's failure to appeal the November 2003 decision, the issue of her average weekly wage was deemed moot. Consequently, the appeal was dismissed.

Workers' CompensationAverage Weekly WageMootnessAppealBoard DecisionVoluntary WithdrawalLabor MarketRescissionJudicial ReviewProcedural Issue
References
4
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