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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
Oct 26, 2015

Matter of Newbill v. Town of Hempstead

Claimant, a sanitation crew chief, injured his right ankle and foot at work and was awarded disability benefits. His self-insured employer paid his full weekly wages during a period of disability and timely sought reimbursement for these advanced payments. A Workers’ Compensation Law Judge granted the employer's reimbursement request against a 20% schedule loss of use award for the right foot. The Board affirmed this decision, and the claimant appealed, arguing that reimbursement should not cover periods where no compensation awards were initially made. The court affirmed the Board's decision, reiterating that an employer is entitled to full reimbursement from a schedule loss of use award for advanced wages paid during disability, as schedule awards are not allocable to specific periods of lost work.

Schedule Loss of UseReimbursementAdvanced Wage PaymentsDisability BenefitsEmployer RightsAppellate ReviewWorkers’ Compensation BoardStatutory InterpretationPermanent Partial DisabilityTimely Claim
References
10
Case No. MISSING
Regular Panel Decision

Claim of Jones v. Chevrolet-Tonawanda Division, GMC

This case involves appeals from two decisions by the Workers’ Compensation Board concerning a self-insured employer’s entitlement to credit for holiday wages paid to disabled employees. Claimants Hanks and Jones were injured during employment, resulting in lost time, including holidays. The employer paid them compensation for lost time but also provided full wages for holidays as per collective bargaining agreements, subsequently seeking reimbursement under Workers’ Compensation Law § 25 (4)(a). The Board denied these reimbursement requests, stating that holiday pay was a contractual right and not intended to be in lieu of compensation. The appellate court reversed the Board’s decisions, ruling that denying reimbursement would lead to claimants receiving both full wages and compensation for the holidays, creating an imbalance. Therefore, the employer is entitled to reimbursement, and the matters are remitted to the Workers’ Compensation Board for further proceedings consistent with this decision.

Workers' CompensationHoliday PayReimbursementCollective Bargaining AgreementDisabled EmployeesLost WagesSelf-Insured EmployerAppellate ReviewBoard Decision ReversalStatutory Interpretation
References
2
Case No. MISSING
Regular Panel Decision

Concerned Home Care Providers, Inc. v. State

The case concerns a challenge by home care service agencies and a trade association (petitioners) to New York's Wage Parity Law (Public Health Law § 3614-c). This law conditions Medicaid reimbursement for home health care services in the metropolitan New York area on agencies paying home care aides a minimum wage, determined by reference to New York City's Living Wage Law. Petitioners argued the law was unconstitutional due to improper delegation of legislative authority, violation of the "incorporation by reference" clause, and violation of home rule provisions. They also challenged the Department of Health's (DOH) interpretation of "total compensation." The Supreme Court granted summary judgment to the respondents (DOH), and the appellate court affirmed, finding no improper delegation, no violation of the incorporation by reference clause, home rule provisions inapplicable as Medicaid is a state concern, and DOH's interpretation of "total compensation" to be rational.

Wage Parity LawHome Health Care ServicesMedicaid ReimbursementConstitutional LawLegislative AuthorityNew York City Living Wage LawHome RuleDue ProcessDepartment of HealthStatutory Interpretation
References
27
Case No. MISSING
Regular Panel Decision

Poupard v. Mohonasen Central School District

The claimant, a librarian, sustained an employment-related injury. Following her injury, she received full salary for 27 weeks under a collective bargaining agreement, and then used 23 days of accumulated sick leave. The employer sought reimbursement for these advance payments. The referee and the Workers’ Compensation Board initially granted the full reimbursement. On appeal, the court modified the decision, holding that wages paid from accumulated sick leave, acquired through a collective bargaining agreement, are compulsory payments and thus not reimbursable under Workers’ Compensation Law § 25 (subd 4, par [a]). The matter was remitted for further proceedings consistent with this ruling, with costs awarded to the claimant.

Workers' CompensationReimbursementSick LeaveCollective Bargaining AgreementAdvance PaymentsOccupational DisabilityStatutory LimitationsAppellate ReviewEmployment InjuryReferee Decision
References
5
Case No. MISSING
Regular Panel Decision

Claim of Domanico v. Woodmere Fire District

This case involves an appeal from a decision by the Workers’ Compensation Board, filed April 4, 2005, which denied an employer's request for reimbursement of wages paid to a claimant during a period of disability. The court examined whether a June 24, 2004 notice, issued by the self-insured employer, Woodmere Fire District, containing language about reimbursement, was sufficient as a request under Workers’ Compensation Law § 25 (4) (a). The court found the notice to be sufficient in form. However, a critical issue remained regarding the timeliness of this request; specifically, whether it was filed prior to the compensation award made at the January 7, 2005 hearing. Due to this unresolved issue, the court reversed the Board's decision and remitted the matter for further proceedings to determine the timeliness of the reimbursement request.

Workers' Compensation ReimbursementEmployer Wage ReimbursementDisability WagesTimeliness of Reimbursement RequestWorkers' Compensation LawBoard Decision AppealJudicial ReversalRemittal for Further ProceedingsNew York Workers' CompensationStatutory Interpretation
References
5
Case No. MISSING
Regular Panel Decision
Apr 10, 2007

Claim of Pawlewski v. Buffalo Board of Education

Claimant, a teacher, sustained a workplace injury in 2004 and received full wages from her employer under a collective bargaining agreement. The employer sought reimbursement from workers' compensation benefits for these wage payments. Initially, a Workers’ Compensation Law Judge granted reimbursement, but the Workers’ Compensation Board subsequently denied reimbursement for the 2005 summer recess. The employer and its carrier appealed this decision. The appellate court reversed the Board's finding regarding the summer recess reimbursement, concluding that denying reimbursement would improperly allow the claimant to receive both full wages and compensation for the same period. The case was modified, affirmed, and remitted to the Board for further proceedings consistent with the court's decision.

ReimbursementCollective Bargaining AgreementWage PaymentsDisability BenefitsEmployer AppealAppellate DivisionStatutory InterpretationSummer RecessBoard DecisionPanel Decision
References
9
Case No. 2023 NY Slip Op 02913 [217 AD3d 1021]
Regular Panel Decision
Jun 01, 2023

Matter of Nelson v. NYC Health & Hosp. Corp.

The claimant appealed two decisions from the Workers' Compensation Board regarding the employer's entitlement to reimbursement for wages paid during a period of disability. The claimant sustained work-related injuries and received full wages from the self-insured employer, who had filed a timely C-669 form requesting reimbursement. The Workers' Compensation Board granted the employer's reimbursement request, finding it timely and necessary to prevent unjust enrichment. The Appellate Division affirmed the Board's decisions, ruling that under Workers' Compensation Law § 25 (4) (a), the employer was entitled to reimbursement for wage payments made during disability, provided the claim was filed before an award of compensation, which occurred in this case. The court concluded that denying reimbursement would result in duplicate benefits for the claimant, which is disfavored.

Workers' CompensationWage ReimbursementEmployer CreditSchedule Loss of UseDisability PaymentsUnjust EnrichmentAppellate ReviewC-669 formTimeliness of RequestAdvance Payments
References
13
Case No. MISSING
Regular Panel Decision

Claim of Landgrebe v. County of Westchester

Claimant Donald Landgrebe, a Westchester County correction officer, sustained a back injury at work. The county paid his full wages during his disability. Nine months later, he suffered a hand injury in a separate accident, found to be consequential to his original back injury, for which he received a “schedule award.” The county sought full reimbursement from this schedule award for both periods of advanced wages. The Workers’ Compensation Board limited reimbursement to payments made after the hand injury. The Appellate Division reversed this decision, allowing full reimbursement. This court reversed the Appellate Division, reinstating the Board’s decision, ruling that reimbursement from a schedule award for a consequential injury should not cover wage advances for an unrelated initial injury.

Workers' CompensationSchedule AwardReimbursementAdvance PaymentsConsequential InjuryDisability BenefitsAppellate ReviewStatutory InterpretationNew York LawPermanent Partial Disability
References
18
Case No. MISSING
Regular Panel Decision
May 10, 2000

Claim of Spurck v. Avis Rent-A-Car

Claimant, concurrently employed by Avis Rent-A-Car and First Call, suffered a work-related compensable injury during his employment with Avis in February 1995. The Workers’ Compensation Law Judge (WCLJ) established the case and determined claimant's average weekly wage based on wages from both concurrent employments. Avis sought reimbursement from the Special Disability Fund under Workers’ Compensation Law § 14 (6) for awards made when claimant’s wages at a subsequent employer (Autohaus South Volkswagen, Inc.) exceeded his Avis wages or pre-injury rate. Both the WCLJ and the Workers’ Compensation Board denied reimbursement, a determination that Avis and its carrier appealed. The Appellate Division affirmed the Board’s decision, concluding that Avis's liability was not greater under WCL § 14 (6) than it would have been under prior law, which is the relevant inquiry for Special Fund reimbursement.

Workers CompensationSpecial Disability FundConcurrent EmploymentAverage Weekly WageReimbursementEmployer LiabilityStatutory InterpretationAppellate ReviewReduced EarningsNew York Workers Compensation
References
5
Case No. 2025 NY Slip Op 02101, 44 NY3d 45
Regular Panel Decision
Apr 10, 2025

Matter of Schulze v. City of Newburgh Fire Dept.

This case addresses whether the City of Newburgh Fire Department can be reimbursed from workers' compensation benefits for payments made to a disabled firefighter, Adam Schulze, under General Municipal Law § 207-a (2). Schulze, a retired firefighter with performance of duty (POD) disability retirement, received supplemental payments from the City and workers' compensation awards. The City sought reimbursement, arguing its General Municipal Law § 207-a (2) payments constituted "salary or wages" or "payments to an employee in like manner as wages" under Workers' Compensation Law §§ 30 (2) or 25 (4) (a). The Court of Appeals affirmed the denial of reimbursement, holding that General Municipal Law § 207-a (2) payments are pension supplements, not wages, and are made to retired individuals, not employees. The Court clarified that the proper statutory mechanism for the employer to reduce duplicative benefits is General Municipal Law § 207-a (4-a), which allows for the reduction of future General Municipal Law § 207-a (2) payments by the amount of workers' compensation awards.

Workers' CompensationFirefighter DisabilityGeneral Municipal LawRetirement BenefitsReimbursementPension SupplementsStatutory InterpretationNew York State LawCourt of AppealsPublic Employment
References
18
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