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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
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
Mar 19, 2015

Matter of Suit-Kote Corporation v. Rivera

Petitioner, a highway construction contractor, challenged the prevailing wage rates set by the respondent for operating engineers, laborers, and teamsters for public work projects. Petitioner alleged that respondent failed to ensure that the collective bargaining agreements (CBAs) used to determine these rates covered at least 30% of the workers, as required by Labor Law § 220. The Supreme Court dismissed the petition and denied petitioner's request for disclosure. On appeal, the judgment was affirmed, with the court holding that the burden of proving that less than 30% of workers were covered rests with the employer. The appellate court also found the respondent's method for determining wage rates was not arbitrary or capricious and that the request for disclosure was overly broad, thus upholding the denial.

Prevailing WagePublic Work ProjectsCollective Bargaining AgreementsLabor Law ComplianceBurden of ProofDisclosureCPLR Article 78 ProceedingAdministrative ReviewWage Rate DeterminationHighway Construction
References
12
Case No. MISSING
Regular Panel Decision

Claim of Martone v. Niagara Frontier Transportation Authority-Metro

In 2005 and 2007, a bus driver (claimant) suffered work-related neck and back injuries. Initially, a Workers’ Compensation Law Judge found him permanently totally disabled. However, the Workers’ Compensation Board modified this, determining he had a permanent partial disability with a 75% loss of wage-earning capacity based on medical evidence and other factors. The claimant appealed this decision, arguing a lack of substantial evidence for the partial disability finding. The Appellate Division affirmed the Board's decision, noting medical reports indicating submaximal efforts, high medication dosages, symptom magnification, and the ability to ambulate, which supported the finding of partial disability. The court also upheld the 75% loss of wage-earning capacity, finding it supported by substantial evidence after considering the claimant's impairment, work restrictions, age, education, and work experience.

Permanent Partial DisabilityWage-Earning CapacityChronic Pain SyndromeLumbar Spine SurgeryMedical EvidenceSubmaximal EffortsSymptom MagnificationAppellate ReviewBoard DecisionMedical Treatment Guidelines
References
2
Case No. MISSING
Regular Panel Decision

Matter of Paez v. Lackman Culinary Services

Claimant, an immigrant, injured his lower back while working as a food service worker in 2010. His workers' compensation claim was established, leading to surgery in 2012 for a herniated disc. Despite surgery, he continued to experience pain and was unable to return to his job. A WCLJ determined he had a permanent partial disability and an 80% loss of wage-earning capacity, which was affirmed by the Workers' Compensation Board. Claimant appealed, arguing the Board failed to consider total industrial disability, an issue he had raised before the WCLJ. The appellate court found that the Board did err by not addressing the total industrial disability claim and remitted the matter for further proceedings, as total industrial disability can have a more favorable outcome than loss of wage-earning capacity.

Permanent Partial DisabilityWage-Earning CapacityTotal Industrial DisabilityLumbar DiscectomyLaminectomyMedical ExaminationRemittalAppellate ReviewBack InjuryFood Service Worker
References
4
Case No. MISSING
Regular Panel Decision
Dec 30, 2015

Matter of Curcio v. Sherwood 370 Management LLC

The claimant, a building engineer, sustained a work-related back and neck injury, initially classified as a permanent total disability by a Workers' Compensation Law Judge (WCLJ) with awarded counsel fees. The Workers' Compensation Board (Board) modified this, finding a permanent partial disability with a 90% loss of wage-earning capacity and reduced counsel fees due to an improperly completed application. The appellate court affirmed the Board's decision, citing substantial medical evidence supporting a partial disability and a 90% loss of wage-earning capacity based on the claimant's age, education, work history, and functional abilities. The court also upheld the reduction of counsel fees due to the attorney's failure to accurately complete the required fee application form.

Permanent Partial DisabilityWage-Earning Capacity LossWorkers' Compensation BenefitsCounsel FeesMedical EvidenceVocational FactorsOC-400.1 ApplicationAdministrative AppealAppellate DivisionMedical Impairment Guidelines
References
12
Case No. MISSING
Regular Panel Decision
Jan 26, 2005

County of Suffolk v. Coram Equities, LLC

The plaintiff appealed an order denying its motion to compel the defendant to pay prevailing hourly wage rates for a building construction project. The case stemmed from a lease agreement where the defendant, as owner, agreed to construct a building and lease space to the plaintiff, including a clause for prevailing wages "in accordance with New York Labor Law Section 220." Both the Supreme Court and the appellate court affirmed the decision, finding that Labor Law § 220 did not apply to the project. The courts reasoned that the construction did not qualify as a "public works project," a necessary condition for the application of Labor Law § 220. Consequently, the defendant's failure to pay prevailing wages was not a breach of the contractual agreement.

Prevailing Wage LawPublic Works DoctrineLease Contract DisputeLabor Law 220Contractual ObligationAppellate AffirmationConstruction WagesSuffolk County CourtsNew York State LawSpecific Performance Action
References
6
Case No. MISSING
Regular Panel Decision

International Brotherhood of Electrical Workers, Local 41 v. United States Department of Housing & Urban Development

Plaintiffs challenged the defendants' wage rate determinations for work on Comprehensive Improvement Assistance Program (CIAP) projects, arguing that HUD's regulation 24 C.F.R. § 968.3 improperly classified 'development' work as 'operation' work, leading to lower wages. They also alleged violations of New York State Public Housing and Labor Laws. The court dismissed the federal claims (Counts One through Four) for lack of jurisdiction due to the plaintiffs' failure to exhaust administrative remedies with the Wage and Hour Administrator, emphasizing the need for agency expertise. The remaining state law claim (Count Five) was dismissed without prejudice due to the absence of federal claims, leading to the dismissal of the entire complaint against all defendants.

Wage Rate DisputesComprehensive Improvement Assistance ProgramHousing Act of 1937Davis-Bacon ActAdministrative Exhaustion DoctrineStatutory InterpretationHUD RegulationsFederal Court JurisdictionPendent JurisdictionPublic Housing Projects
References
7
Case No. MISSING
Regular Panel Decision
Oct 29, 2015

Matter of Rosales v. Eugene J. Felice Landscaping

The case involves an appeal by an employer and its workers’ compensation carrier from a Workers’ Compensation Board decision. The Board affirmed a WCLJ ruling that the claimant, a landscaper injured in 2010, sustained a permanent partial disability and a 90% loss of wage-earning capacity. The WCLJ had considered various vocational factors, including the claimant's age, limited English skills, and low education, to determine a 10% wage-earning capacity and a $300 weekly benefit rate. The employer argued that vocational factors should not be used to determine wage-earning capacity for computing the compensation rate in permanent partial disability cases. However, the appellate court affirmed the Board's decision, distinguishing permanent from temporary disabilities and concluding that vocational factors are appropriately considered under Workers’ Compensation Law § 15 (5-a) when fixing wage-earning capacity in permanent partial disability cases without actual earnings, especially when the injury contributed to the loss.

permanent partial disabilitywage-earning capacityvocational factorsWorkers' Compensation Law § 15benefit durationcompensation ratephysical impairmentback surgerylimited English skillseducational background
References
10
Case No. MISSING
Regular Panel Decision

C.E.L. Lumber, Inc. v. Roberts

The petitioner, a contracting business, was hired to convert a two-family house into a community residence in Franklin County. A Department of Labor inspection found the petitioner was paying employees less than prevailing wages for public works projects, initially advising residential rates. Later, the Department asserted the higher general construction rate applied, withholding funds and assessing a $6,260 underpayment plus interest. A subsequent hearing upheld the general rate and deemed the underpayment willful, imposing a $750 civil penalty and 10% punitive interest. This court affirmed the applicability of the general wage rate, but annulled the $750 civil penalty and reduced the interest rate to 6%, finding no evidence of willful underpayment given the petitioner's immediate compliance and lack of prior violations. The matter was remitted for further proceedings consistent with the modification.

Public Works ProjectPrevailing WageUnderpaid WagesCivil PenaltyLabor Law § 220CPLR Article 78Community ResidenceGeneral Construction RateResidential Construction RateWillful Underpayment
References
1
Case No. 2017 NY Slip Op 06500 [153 AD3d 1475]
Regular Panel Decision
Sep 14, 2017

Matter of Golovashchenko v. Asar Intl. Corp.

Claimant Leonid Golovashchenko, an asbestos handler, sustained multiple injuries and was awarded partial disability benefits. The Workers' Compensation Law Judge (WCLJ) classified him with a 60% loss of wage-earning capacity, concluding he could perform light work. On appeal, the Appellate Division, Third Department, found the WCLJ's determination regarding claimant's capacity for light work was not supported by substantial medical evidence, as treating physicians rated him for less than sedentary or sedentary work. The court modified the decision, reversing the finding on light work capacity and the associated 60% loss of wage-earning capacity. The matter was remitted to the Workers' Compensation Board for further proceedings to properly ascertain the claimant's loss of wage-earning capacity, advising that an updated vocational rehabilitation report should be considered.

Workers' CompensationWage-Earning CapacityPermanent Partial DisabilityMedical ImpairmentFunctional AbilityVocational FactorsLight Work CapacitySubstantial EvidenceRemittalAppellate Review
References
4
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