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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

B & S Welding LLC Work Related Injury Plan v. Juan Pedro Oliva-Barron and Avelina Oliva

The B & S Welding LLC Work Related Injury Plan appealed a trial court's judgment in favor of Juan Pedro Oliva-Barron, who was denied benefits after a work injury. The Plan had accused Oliva of fraud, while Oliva counterclaimed for ERISA benefits. The appellate court affirmed the trial court's finding that Oliva was excused from exhausting administrative remedies due to the Plan's conduct, and that the Plan's termination of benefits was arbitrary and lacked substantial evidence. However, the court reversed the award of medical expenses due to insufficient evidence but upheld the award of indemnity benefits and attorney's fees.

ERISAEmployee BenefitsPlan AdministrationAbuse of DiscretionSubstantial EvidenceFutility DoctrineAdministrative ExhaustionFraud ClaimsSurveillance EvidenceMedical Denials
References
26
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. MISSING
Regular Panel Decision

Claim of Schuyler v. City of Newburgh Fire Department

Claimant, having sustained a work-related back injury, was involved in a motor vehicle accident while off-duty. Prior to the accident, he attended physical therapy for his back and picked up his paycheck from his employer. Subsequently, he embarked on personal errands, stopping at a bank and a bike shop before the accident occurred on his way home. The Workers’ Compensation Board determined that the injuries from the motor vehicle accident were not compensable, asserting that the personal errands broke the causal connection to his employment. The appellate court affirmed this decision, finding the Board's conclusion rational despite the initial work-related aspects of the trip.

Workers' CompensationMotor Vehicle AccidentOff-duty InjuriesCausal ConnectionPersonal ActivityScope of EmploymentAppellate AffirmationTrip DeviationPhysical TherapyPaycheck Collection
References
3
Case No. MISSING
Regular Panel Decision

Alonso v. Stanley Works, Inc.

Antonio Alonso sued his employer, The Stanley Works, Inc., alleging retaliatory discharge after his employment was terminated while on medical leave for a work-related injury, claiming it was due to his workers' compensation claim. Stanley Works moved for summary judgment, asserting Alonso was terminated under a uniformly enforced six-month leave of absence policy. The trial court granted summary judgment, finding Alonso failed to provide evidence that his termination would not have occurred but for his workers' compensation claim. The appellate court affirmed the trial court's judgment, concluding that the uniform enforcement of a reasonable absence-control policy does not constitute retaliatory discharge under the Texas Labor Code.

Retaliatory DischargeWorkers' CompensationSummary JudgmentLeave of Absence PolicyUniform EnforcementTexas Labor CodeEmployment TerminationAbsence Control PolicyAppellate ReviewWorkplace Injury
References
4
Case No. MISSING
Regular Panel Decision

Wyler Industrial Works, Inc. v. Garcia

Robert Garcia, a pipe-fitter's helper, filed a workers' compensation claim after a work-related injury. He was subsequently terminated by Wyler Industrial Works, Inc., who claimed it was due to a low budget and his unavailability for Saturday work. Garcia sued for wrongful termination, and a jury found Wyler discharged him for filing the claim, awarding $60,000 in damages. Wyler appealed, arguing insufficiency of evidence for both liability and damages, as well as errors in prejudgment interest and jury instructions. The appellate court affirmed the jury's findings, concluding there was sufficient evidence to support Garcia's termination due to his workers' compensation claim and the damage award, and finding no abuse of discretion in the trial court's rulings.

Wrongful TerminationWorkers' Compensation ClaimRetaliationSufficiency of EvidenceLegal InsufficiencyFactual InsufficiencyAbuse of DiscretionPrejudgment InterestJury InstructionsCollateral Source Rule
References
61
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. MISSING
Regular Panel Decision

Brewer v. Lincoln Brass Works, Inc.

The plaintiff, Nathan Brewer, an employee of Lincoln Brass Works, Inc., sustained a work-related back injury in 1992 and received a lump sum workers’ compensation award. Following an aggravation of his injury in 1994 and further surgeries, Mr. Brewer filed a petition for enlarged benefits under Tenn.Code Ann. § 50-6-241(a)(2). The trial court initially granted these benefits, but the workers’ compensation panel reversed, asserting that lump sum payments were final, the petition was time-barred, and findings were insufficient. The Supreme Court addressed the conflict between statutes regarding lump sum finality and award enlargement, holding that lump sum awards can be enlarged if criteria are met, but § 241(a)(2) is not the correct avenue for claims involving subsequent injuries or increased anatomical disability. Consequently, the Court dismissed Brewer’s petition without prejudice, directing that his claim for additional impairment should have been filed as a new, separate action.

Workers' Compensation BenefitsLump Sum Payment FinalityAward EnlargementAnatomical ImpairmentIndustrial Disability RatingSubsequent Work InjuryAggravation of Prior InjuryStatute of Limitations AccrualDisability Benefits ReconsiderationSpinal Disc Rupture
References
6
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. 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
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