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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

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

Matter of Till v. Apex Rehabilitation

The claimant, a nursing assistant, sustained a work-related back and left shoulder injury in 2012, leading to an award of benefits. Initially, a Workers’ Compensation Law Judge classified her with a 40% loss of wage-earning capacity. Upon administrative review, the Workers’ Compensation Board affirmed a permanent partial disability but reduced the loss of wage-earning capacity to 15%. The claimant appealed, arguing that Workers’ Compensation Law § 15 (5-a) prohibited a determination of less than a 25% loss for nonworking claimants, suggesting a conflict with Workers’ Compensation Law § 15 (3) (w) (xi) and (xii). The court rejected this argument, clarifying that 'wage-earning capacity' (for weekly benefits) and 'loss of wage-earning capacity' (for benefit duration) serve distinct purposes and are not inversely related. The court affirmed the Board's determination, finding it supported by substantial evidence.

Permanent Partial DisabilityLoss of Wage-Earning CapacityWorkers' Compensation LawStatutory InterpretationBenefit DurationWeekly Benefit RateUnemployed ClaimantsAdministrative ReviewAppellate ReviewStatutory Conflict
References
20
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

Matter of Sarbo v. Tri-Valley Plumbing & Heating

Claimant, a sheet metal installer, suffered a compensable back injury in August 2010. Initially, a Workers’ Compensation Law Judge found a 55% loss of wage-earning capacity. The Workers’ Compensation Board later modified this decision, increasing the loss of wage-earning capacity to 60% and reducing wage-earning capacity to 40%, by considering vocational factors in addition to medical impairment. The employer and its workers’ compensation carrier appealed this modification. The appellate court affirmed the Board’s decision, ruling that the Board was authorized to consider vocational factors when determining wage-earning capacity under Workers’ Compensation Law § 15 (5-a), and found substantial evidence to support the Board’s determination.

Permanent partial disabilityWage-earning capacityVocational factorsWorkers' Compensation BoardIndependent medical examinerAppellate reviewAffirmationBack injuryWorkers' compensation ratesStatutory interpretation
References
1
Case No. MISSING
Regular Panel Decision
Feb 09, 2015

Matter of Roman v. Manhattan & Bronx Surface Transit Operating Authority

The case involves an appeal by a claimant from a Workers’ Compensation Board decision filed on February 9, 2015. The claimant, a bus driver, sustained injuries and post-traumatic stress disorder after an assault, leading to a workers’ compensation claim. The Workers’ Compensation Law Judge initially found a total industrial disability with a 99% loss of wage-earning capacity. However, the Board modified this, determining a permanent moderate partial disability and a 60% loss of wage-earning capacity. The appellate court affirmed the Board's decision, concluding that there was substantial evidence to support the Board's findings regarding both the extent of the claimant's disability and the calculated loss of wage-earning capacity.

Workers' Compensation LawPermanent Partial DisabilityWage-Earning CapacityPost-Traumatic Stress DisorderPsychiatric DisabilityMedical Expert OpinionSubstantial Evidence ReviewVocational FactorsAppellate DivisionIndustrial Disability
References
16
Case No. CV-24-1104
Regular Panel Decision
Feb 11, 2026

In the Matter of the Claim of Vincent Foster

Claimant sustained multiple work-related injuries in 2015 and 2019 while working for the New York State Office of Children and Family Services. His workers' compensation claims were established, and physicians disagreed on whether his permanent impairments were amenable to a nonschedule classification or a schedule loss of use award. A Workers' Compensation Law Judge found a 60% loss of wage-earning capacity and classified him with a permanent partial disability, but denied wage loss benefits due to continued pre-injury wages. The Workers' Compensation Board affirmed, crediting the opinion of orthopedic surgeon Shanker Krishnamurthy, who argued that a nonschedule classification was more appropriate given claimant's continued ability to work full-time despite chronic loss of function in multiple extremities. The Appellate Division affirmed the Board's decision, finding it supported by substantial evidence.

Permanent Partial DisabilitySchedule Loss of UseNonschedule ClassificationAppellate ReviewMedical Opinion ConflictWage-Earning CapacityThird Judicial DepartmentOrthopedic SurgeonSubstantial EvidenceClaimant Appeal
References
10
Case No. 2017 NY Slip Op 03999
Regular Panel Decision
May 18, 2017

Claim of De Ruggiero v. City of New York Department of Citywide Administrative Services

The claimant, Frank J. De Ruggiero, was injured in two work-related accidents and classified with a permanent partial disability. Initially, a Workers' Compensation Law Judge determined a 50% loss of wage-earning capacity, which the Workers' Compensation Board later modified to 35%. The employer appealed, arguing that since the claimant returned to work at preaccident wages, his wage-earning capacity was 100%. The Appellate Division, Third Department, affirmed the Board's decision, differentiating between 'wage-earning capacity' and 'loss of wage-earning capacity,' and found that the Board's determination was supported by substantial evidence, noting that loss of wage-earning capacity is fixed for setting durational limits on benefits, irrespective of current employment status.

Permanent Partial DisabilityLoss of Wage-Earning CapacityAppellate ReviewWorkers' Compensation Board DecisionWage Loss BenefitsWork-related InjuryImpairmentJudicial ReviewAdministrative ReviewDisability Benefits
References
2
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