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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
Dec 03, 2004

Claim of Scally v. Ravena Coeymans Selkirk Central School District

In this case, a claimant appealed a Workers’ Compensation Board decision regarding apportionment of her workers' compensation award. The claimant, who suffered a work-related left knee injury in 2002, had a pre-existing non-work-related injury to the same knee from 1986. While a WCLJ initially denied apportionment, the Board reversed, directing a 50/50 apportionment based on the premise that the prior injury would have resulted in a schedule loss of use award had it been work-related. The appellate court upheld the Board's determination, deferring to its interpretation that a non-work-related injury leading to a schedule loss of use constitutes a "disability in a compensation sense" for apportionment purposes. This decision was supported by medical expert testimony indicating a schedule loss of use from the prior surgery.

Workers' CompensationApportionmentKnee InjuryNon-work-related InjurySchedule Loss of UsePreexisting ConditionMedical Expert TestimonyBoard InterpretationJudicial ReviewAppellate Decision
References
13
Case No. 526688
Regular Panel Decision
Dec 27, 2018

Matter of Bufearon v. City of Rochester Bur. of Empl. Relations

Claimant Kamren Bufearon sustained work-related injuries in a motor vehicle collision on March 4, 2016, for which his workers' compensation claim was established for injuries to his left shoulder, left hip, and lower back. Subsequently, he sought to amend his claim to include a causally-related cervical spine injury, which was initially approved by a Workers' Compensation Law Judge. However, the Workers' Compensation Board reversed this decision, finding that the claimant failed to sufficiently demonstrate a causal relationship between his cervical spine condition and the March 4, 2016 incident. The Appellate Division affirmed the Board's decision, noting that the medical testimony from two physicians contained conflicting findings and equivocal narratives regarding causation. The court concluded that the Board was entitled to reject the physicians' opinions as speculative, particularly since neither physician had reviewed the claimant's prior medical records for a pre-existing cervical spine fusion surgery.

Cervical spine injuryCausal relationshipMedical evidenceSubstantial evidence reviewAppellate DivisionWorkers' Compensation BoardPre-existing conditionCredibility of physiciansBurden of proofMotor vehicle accident
References
13
Case No. MISSING
Regular Panel Decision
Nov 06, 2012

Claim of Smith v. Oneida Ltd.

The claimant appealed a Workers' Compensation Board decision concerning her husband's death benefits. In 1991, the decedent sustained a compensable lung injury, leading to permanent partial disability and continuous workers' compensation benefits until his death in September 2010. The Workers' Compensation Law Judge and the Board affirmed that the death was causally related to his work-related illness, awarding death benefits to the claimant. The self-insured employer and its claims administrator appealed this decision. The court affirmed the Board's decision, citing that a compensable illness need not be the sole cause of death, only a contributing factor. Evidence included the death certificate listing sepsis and respiratory failure, and a C-64 medical report from the decedent's long-term physician stating the death was directly or indirectly caused by the work-related illness.

death benefitscausal relationshipoccupational illnessrespiratory failuresepsispermanent partial disabilityWorkers' Compensation Board appealmedical report evidencecontributing factor
References
4
Case No. MISSING
Regular Panel Decision

Matter of Waddy v. Barnard College

The case concerns an appeal from a Workers’ Compensation Board decision affirming the disallowance of a claimant's application for benefits. The claimant, an employee in a mail room, alleged that exposure to dust and mold due to poor ventilation at her workplace caused her to develop disabling asthma. The Workers’ Compensation Law Judge initially disallowed the claim, finding no causal relationship between her asthma and employment, a decision subsequently affirmed by the Board. The Board's determination was based on the medical opinions of the treating pulmonologist, William Marino, who could not establish work-related causation, and an independent medical examiner, Carl Friedman, who concluded that the asthma was not workplace-induced, referencing a negative indoor air quality test. While the claimant's family physician, Rajesh Patel, suggested a probable work-related allergen exposure, the Board resolved the conflicting medical evidence. The Appellate Division affirmed the Board's decision, finding substantial evidence to support the ruling that the claimant did not sustain a causally related injury.

Workers' CompensationAsthmaOccupational DiseaseCausationMedical EvidenceIndependent Medical Examination (IME)Treating PhysicianEnvironmental IrritantsWorkplace ConditionsAppellate Review
References
5
Case No. 2025 NY Slip Op 06579 [243 AD3d 1194]
Regular Panel Decision
Nov 26, 2025

Matter of Board of Educ. of the Newburgh Enlarged City Sch. Dist. v. Public Empl. Relations Bd. of the State of N.Y.

This case addresses a challenge by the Board of Education of the Newburgh Enlarged City School District (petitioner) to a determination by the Public Employment Relations Board (PERB). PERB had found the district engaged in an improper employer practice by unilaterally transferring the work of counseling non-mandated students from its bargaining unit employees (school social workers and psychologists) to non-unit county social workers. The Appellate Division, Third Department, confirmed PERB's determination, concluding there was substantial evidence that the work was exclusively performed by unit employees and the reassigned tasks were substantially similar. The court dismissed the district's petition and granted PERB's counterclaim for enforcement of its remedial order. This affirms PERB's finding that the district violated the Taylor Law by not negotiating the transfer of bargaining unit work.

Public EmploymentImproper Employer PracticeCollective BargainingBargaining Unit WorkPublic Employment Relations BoardTaylor LawCPLR Article 78Judicial ReviewSubstantial EvidenceSchool Social Workers
References
10
Case No. MISSING
Regular Panel Decision

Steen v. Governor's Office of Employee Relations

Petitioners, employed as Recreation Workers and Therapists at Pilgrim Psychiatric Center, were assigned new duties as "Treatment Plan Coordinators" under the "Buffalo Model" program. These new responsibilities included transcribing patient information, conducting patient interviews, entering data into worksheets, and performing 90-day progress reviews. Believing these tasks constituted out-of-title work typically performed by higher-grade Treatment Team Leaders, petitioners filed administrative grievances, which were consistently denied by the Governor's Office of Employee Relations. Subsequently, petitioners commenced a CPLR article 78 proceeding, but the Supreme Court dismissed their application, upholding the administrative determination. On appeal, the higher court found no rational basis for the administrative conclusion that the duties were a logical extension of petitioners' original roles, determining that the work was indeed out-of-title. Consequently, the judgment of the Supreme Court was reversed, the administrative determination annulled, and the petition granted.

Out-of-title workGrievancePosition classificationAdministrative determinationJudicial reviewAlbany CountyState Office of Mental HealthPilgrim Psychiatric CenterTreatment Plan CoordinatorsRecreation Worker
References
3
Case No. 533112
Regular Panel Decision
Mar 17, 2022

Matter of Reyes v. H & L Iron Works Corp.

A claimant appealed a Workers' Compensation Board decision which found he violated Workers' Compensation Law § 114-a and permanently disqualified him from future indemnity benefits. The claimant, Leonel Reyes, sustained work-related injuries in 2016 and received benefits. However, he failed to fully disclose his disc jockey activities and the physical nature of this work to the Board, carrier, and examining physicians while collecting benefits. Surveillance videos showed him lifting heavy equipment, contradicting his testimony. The Workers' Compensation Board affirmed the WCLJ's finding of a violation and the imposition of both mandatory and discretionary penalties. The Appellate Division, Third Department, affirmed the Board's decision, concluding that substantial evidence supported the violation and that the permanent forfeiture of indemnity benefits was not a disproportionate penalty given the claimant's multiple egregious misrepresentations.

Workers' Compensation Law § 114-aFalse RepresentationIndemnity BenefitsPermanent DisqualificationUndisclosed EmploymentDisc JockeyMaterial MisrepresentationSubstantial EvidenceWitness CredibilityDiscretionary Penalty
References
7
Case No. MISSING
Regular Panel Decision
Dec 03, 2003

Beesmer v. Village of DeRuyter Fire Department

In 1975, the decedent, a volunteer firefighter, suffered a heart attack and continuously received workers' compensation benefits until his death in 2002. His claimant applied for death benefits, alleging a causal link between the 1975 injury and his death. A Workers’ Compensation Law Judge (WCLJ) awarded benefits after denying the employer's request for a second adjournment to depose treating physicians, a decision affirmed by the Workers' Compensation Board. The court found substantial evidence supporting the causal relationship between the heart attack and death, noting that a work-related injury need not be the sole cause of death. Additionally, the court upheld the WCLJ's denial of the adjournment, as the employer failed to provide a sufficient excuse for not scheduling depositions or serving subpoenas during the initial adjournment period.

Workers' Compensation Death BenefitsCausal RelationshipHeart AttackCongestive Heart FailureAdjournment DenialTreating Physician DepositionSubstantial EvidenceAppellate ReviewMedical OpinionVolunteer Firefighter
References
5
Case No. MISSING
Regular Panel Decision

Matter of Woodruff v. Phelps Sungas, Inc.

The claimant suffered work-related injuries in 2004 and subsequently sought workers’ compensation benefits for reduced earnings after December 2009. A Workers’ Compensation Law Judge (WCLJ) found that the reduction in earnings was not causally related to the work injuries, a decision affirmed by the Workers’ Compensation Board. The Board concluded that the claimant's prior employments ended due to unrelated factors, and his reduced earnings were not attributable to his disability despite a physician noting a 33% medical impairment. The Board also validly refused to consider new, untimely evidence. The appellate court affirmed the Board's decisions, finding substantial evidence to support the determination that the claimant's wage loss was unrelated to his work-related disability.

Workers' CompensationPermanent Partial DisabilityReduced EarningsCausal RelationMedical ImpairmentUntimely ApplicationBoard ReviewCredibility AssessmentEmployment TerminationAppellate Review
References
19
Case No. 536047
Regular Panel Decision
Nov 16, 2023

Matter of Aungst v. Family Dollar

Claimant Frank Aungst, a store manager, sought workers' compensation benefits after contracting COVID-19 and suffering a consequential stroke in April-May 2020. The Workers' Compensation Board found his claim valid, concluding he sustained an accidental injury due to elevated exposure at work and that the stroke was causally related. The employer and carrier appealed, disputing the work-relatedness of the COVID-19 infection and the causal link to the stroke. The Appellate Division, Third Department, affirmed the Board's decision, determining that substantial evidence supported both the finding of a work-related COVID-19 contraction and a causally-related consequential stroke. The court specifically credited the testimony of the claimant's vascular neurologist regarding the stroke's causation by COVID-19.

COVID-19StrokeOccupational DiseaseAccidental InjuryCausationElevated RiskPublic-Facing EmploymentWorkers' Compensation BoardAppellate DivisionMedical Evidence
References
16
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