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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. 2020 NY Slip Op 02301 [182 AD3d 821]
Regular Panel Decision
Apr 16, 2020

Matter of Community, Work, & Independence, Inc. v. New York State Off. for People with Dev. Disabilities

This case involves a CPLR article 78 proceeding initiated by Community, Work, and Independence, Inc. (petitioner) to challenge a determination affirming the objection to its proposed discharge of M.D., an individual with developmental disabilities, from day habilitation services. M.D.'s parents objected to the discharge, and an administrative hearing sustained their objection, a decision later affirmed by the Commissioner of the Office for People with Developmental Disabilities. The Appellate Division, Third Department, confirmed the Commissioner's determination, finding that the burden of proof was appropriately placed on the service provider. The court concluded that substantial evidence supported the finding that discharging M.D. was not reasonable, considering his needs, the lack of suitable alternative programs, and despite the petitioner's financial concerns. The court suggested that financial issues for service providers should be addressed by seeking increased funding rather than by discharging individuals.

Developmental DisabilityHCBS WaiverDischarge ServicesAdministrative HearingBurden of ProofSubstantial EvidenceFinancial ConcernsService ProviderMedicaid FundingAutism Spectrum
References
7
Case No. MISSING
Regular Panel Decision
Jul 29, 1980

Claim of Butts v. Ward La France Trucking Corp.

The Workers’ Compensation Board found claimant’s disability to be 45% attributable to a March 1976 work accident, 10% to an August 1977 nonrelated accident, and 45% to a November 1977 work accident. The employer's carrier for the second work accident appealed the 45% apportionment. The court found no substantial evidence to support the Board's apportionment, citing testimonies from Dr. Burke, who attributed 90% of disability to the first work accident, and Dr. Corradini, who believed the first accident's disability ended by January 1977 and the current disability was primarily from the nonrelated accident. Consequently, the Board's decision was reversed, and the matter was remitted for further proceedings.

Disability ApportionmentWork-Related InjuryNon-Related InjuryMedical Expert TestimonySubstantial Evidence ReviewWorkers' Compensation BoardAppellate ReviewReversal of DecisionRemittal for Further ProceedingsInsurance Carrier Dispute
References
0
Case No. MISSING
Regular Panel Decision

Forsyth v. Staten Island Developmental Disabilities Services Office

The claimant, a lifeguard, sustained head and shoulder injuries in an automobile accident while working for the Staten Island Developmental Disabilities Services Office. His workers' compensation benefits were calculated based on concurrent employment, including seasonal work for the City of New York. The Workers’ Compensation Board affirmed the finding of concurrent employment, a decision which was subsequently appealed by the employer and its carrier. The appellate court affirmed the Board's determination, finding substantial evidence to support the finding of concurrent employment under Workers’ Compensation Law § 14 [6], given the claimant's long history of working for both employers during the same periods.

concurrent employmentaverage weekly wageworkers' compensationlifeguard injuryseasonal employmentappellate reviewNew York labor law
References
3
Case No. MISSING
Regular Panel Decision

Claim of Wiltsie v. Owens Corning Fiberglass

Claimant suffered a compensable low back injury in 1995, continuing work with restrictions and ADA accommodations. In 2003, the employer's decision to change his shift caused claimant stress, leading his primary physician to diagnose chest pain syndrome, agoraphobia, and depression, and advise him to stop working. Initially awarded benefits for a period, the Workers’ Compensation Board subsequently denied further benefits, concluding that claimant's departure from work was for reasons unrelated to his back disability. Claimant appealed, contending his back injury prevented him from the new shift, but the Board's determination, supported by other evidence, found he left due to stress from the shift dispute rather than his back condition. The Board's decision, which included an assessment of claimant's testimony and medical evidence, was affirmed, as it was supported by credible evidence.

Low Back InjuryAmericans with Disabilities Act (ADA)Workplace AccommodationShift Schedule ChangeStress-Related IllnessChest Pain SyndromeAgoraphobiaDepression DiagnosisCredibility of Medical OpinionPermanent Partial Disability
References
5
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

Cardno v. State

The petitioner, a police officer for the Port Authority, sought World Trade Center accidental disability retirement benefits after being diagnosed with colitis, which he attributed to his work at the WTC site on 9/11 and subsequent extended shifts at JFK. The Comptroller denied the application, finding that while the WTC presumption applied, it was rebutted by competent evidence, and the petitioner failed to establish a causal connection between his disability and his work at the WTC site. The court affirmed the Comptroller's determination, ruling that the work performed at JFK did not fall within the scope of the World Trade Center site presumption and that sufficient medical evidence existed to rebut the presumption for the WTC site work, thus upholding the denial of benefits.

World Trade Center benefitsaccidental disability retirementulcerative colitiscausationstatutory presumptionpolice officerCPLR article 78 proceedingmedical evidencestress-related illness9/11 workers
References
3
Case No. MISSING
Regular Panel Decision
Aug 16, 1982

Claim of Munkelwitz v. New York Telephone Co.

The employer appealed a Workers' Compensation Board decision that granted disability benefits to the claimant for a period in early 1980. The employer contended there was no record support for the claimant's inability to work during that time. However, medical testimony showed the claimant's knee had limited flexibility, pain, and swelling. The claimant also testified to severe pain, swelling without elevation, and an inability to drive or use public transport to work. This evidence was found to provide ample support for the Board's finding of the claimant's work disability due to a knee injury. The decision of the Workers' Compensation Board was affirmed.

Disability BenefitsKnee InjuryMedical TestimonyInability to WorkAppellate ReviewWorkers' Compensation AppealPain and Swelling
References
0
Case No. MISSING
Regular Panel Decision

Claim of Conway-Acevedo v. Consolidated Edison Co. of N.Y., Inc.

The Workers’ Compensation Board ruled that the employer’s workers’ compensation carrier was not entitled to reimbursement from the Special Disability Fund. The carrier appealed this decision. To establish entitlement to reimbursement, the carrier needed to prove a preexisting permanent impairment that hindered job potential, a subsequent work-related injury, and a permanent disability caused by both conditions that is materially and substantially greater than from the work-related injury alone. The Board found the carrier failed to prove that the claimant’s preexisting osteoarthritis hindered her employment. The appeals court affirmed the Board's decision, citing a lack of evidence that the claimant's arthritic condition caused pain, missed work, or imposed restrictions prior to her workplace accident.

Workers' Compensation BenefitsSpecial Disability FundReimbursement ClaimPreexisting ImpairmentOsteoarthritisWork-Related InjuryPermanent DisabilityEmployer LiabilityCarrier AppealBurden of Proof
References
4
Case No. MISSING
Regular Panel Decision

Claim of Delee v. Crouse Hinds Division of Cooper Industries

Claimant sustained a work-related back injury in 1991, resulting in a permanent partial disability and workers' compensation benefits. After being terminated and later finding new employment, she developed breast cancer, leading to neuropathy and cardiomyopathy from chemotherapy, preventing her return to work. The employer's carrier argued her current inability to work was solely due to cancer, not the back injury. The Workers’ Compensation Board reversed a Workers’ Compensation Law Judge's decision, continuing claimant's reduced earnings award. The Appellate Division affirmed, holding that supervening nonindustrial causes do not absolve an employer if the established permanent partial disability still contributes to reduced earning capacity, which is a factual determination for the Board, supported by substantial evidence in this case.

Workers' CompensationPermanent Partial DisabilityReduced EarningsSupervening Nonindustrial CausesCausationAppellate ReviewMedical OpinionBack InjuryChemotherapy ComplicationsBoard Findings
References
5
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
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