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

Case No. claim No. 1, claim No. 2
Regular Panel Decision

Colley v. Endicott Johnson Corp.

The case involves an appeal from a Workers' Compensation Board decision concerning two claims. The claimant suffered a back injury in 1985, and that claim was closed in 1986. In 2004, while working in Ohio for MCS Carriers, the claimant sustained another back injury. The Workers' Compensation Law Judge ruled that the 1985 claim was barred from reopening by Workers’ Compensation Law § 123 and that New York lacked subject matter jurisdiction over the 2004 claim. The Workers' Compensation Board affirmed these rulings, leading to this appeal. The appellate court affirmed the Board's decision, confirming the applicability of § 123 to the 1985 claim due to lapsed statutory limits and concluding that insufficient significant contacts existed to confer New York jurisdiction over the 2004 out-of-state injury.

Workers' CompensationJurisdictionStatute of LimitationsReopening ClaimOut-of-state InjurySignificant ContactsAppellate ReviewBack InjuryTruck DriverNew York Law
References
6
Case No. 2017 NY Slip Op 27428
Regular Panel Decision
Dec 14, 2017

New York State Workers' Compensation Bd. v. Compensation Risk Mgrs., LLC

This action was brought by the New York State Workers' Compensation Board (WCB), as an assignee of former members of the Healthcare Industry Trust of New York (HITNY), against Compensation Risk Managers, LLC (CRM), HITNY trustees, and auditing firm UHY LLP. The WCB alleged mismanagement, breach of fiduciary duty, and negligent auditing, leading to the Trust's insolvency. Defendants moved to dismiss on grounds of standing, statute of limitations, and pleading particularity. The court dismissed certain derivative claims and negligent misrepresentation claims against some trustees due to standing issues and statute of limitations. All claims against UHY LLP were dismissed for lack of a near-privity relationship or prior precedent. An implied indemnity claim against the trustees was sustained. The WCB's cross-motion to consolidate related actions was denied.

Workers' Compensation LawGroup Self-Insured Trust (GSIT)Fiduciary DutyNegligenceNegligent MisrepresentationStatute of LimitationsStandingDerivative ActionImplied IndemnityAuditing Firm Liability
References
46
Case No. 532391
Regular Panel Decision
Nov 18, 2021

Matter of Richman v. New York State Workers' Compensation Bd.

Claimant, Rebecca Richman, appealed three decisions from the Workers' Compensation Board regarding her claim for a work-related right shoulder injury. She alleged a fall at work on January 19, 2018, but did not seek medical treatment for 19 months. A Workers' Compensation Law Judge initially established the claim, but the Board reversed, finding that Richman failed to submit sufficient, credible medical evidence to demonstrate a causally-related injury and denied her claim. The Board subsequently denied her application for reconsideration and/or full Board review. The Appellate Division affirmed the Board's decisions, concluding that the Board's finding of no causally-related injury was supported by substantial evidence and that the Board did not abuse its discretion in denying reconsideration.

Workers' Compensation ClaimCausation (Medical)Shoulder InjuryMedical Evidence SufficiencyBoard ReversalAppellate Division ReviewBurden of ProofCredibility of EvidenceOsteoarthritis DiagnosisDelayed Medical Treatment
References
8
Case No. MISSING
Regular Panel Decision

Claim of Pawlak v. Ford Motor Co.

An assembly line worker, whose initial claim for a back injury in April 2000 was established, sought additional workers' compensation benefits for bilateral carpal tunnel syndrome and a neck injury, and reimbursement for back surgery performed in December 2000. The Workers' Compensation Board disallowed the additional claims, denied reimbursement for the surgery due to lack of authorization, and adjusted her compensation for the established back injury to reflect a moderate disability. On appeal, the court affirmed the Board's decision, finding the carpal tunnel claim untimely under Workers' Compensation Law § 28 and the neck injury claim improperly noticed under Workers' Compensation Law § 18, also lacking causal relation evidence. The court further agreed that proper authorization was not obtained for the back surgery as required by Workers' Compensation Law § 13-a (5) and 12 NYCRR 325-1.4. The appellate court concluded that substantial evidence supported the Board's decision in its entirety.

Workers' Compensation Law § 28Workers' Compensation Law § 18Workers' Compensation Law § 13-aBilateral Carpal Tunnel SyndromeBack InjuryNeck Injury ClaimUntimely ClaimLack of AuthorizationDisability RatingAppellate Division
References
4
Case No. MISSING
Regular Panel Decision

Claim of Ford v. New York City Transit Authority

Claimant, a public relations director, filed for workers' compensation benefits in April 1994 due to work-related posttraumatic stress disorder, but later withdrew the claim in March 1997 due to a parallel federal civil rights action, leading to its closure without a decision on merits. In March 2003, claimant sought to reopen the case, which the Workers' Compensation Board denied in February 2004, citing Workers' Compensation Law § 123 as a bar. The Board subsequently denied an application for reconsideration and/or full Board review in July 2004, prompting the claimant's appeal. The appellate court affirmed the Board's decision, finding no new evidence was presented for reconsideration and that the Board had properly determined the claim was truly closed and time-barred under Workers' Compensation Law § 123, as over seven years had lapsed since the accident. Consequently, the appellate decision concluded that the Board's denial was not arbitrary, capricious, or an abuse of discretion.

Workers' Compensation AppealReconsideration DenialTime-Barred ClaimPosttraumatic Stress DisorderFederal Civil Rights ActionJurisdictionReopening ClaimMedical EvidenceDue ProcessWorkers' Compensation Law § 123
References
5
Case No. MISSING
Regular Panel Decision

Claim of Elias v. New York City Human Resources Administration

The Workers’ Compensation Board ruled that the claimant’s workers’ compensation benefits claim, filed on March 10, 1987, was timely. This decision came despite the claimant's initial failure to provide timely written notice, which was excused because the employer had actual notice of the injury. The claimant suffered a back injury on October 15, 1985, while at work, pushing a file cabinet. The Board found that the two-year Statute of Limitations under Workers’ Compensation Law § 28 did not bar the claim. The appellate court affirmed the Board's decisions, ruling in favor of the claimant.

Workers' CompensationStatute of LimitationsTimely NoticeActual NoticeBack InjuryEmployer LiabilityBoard DecisionAppealExcused NoticeOccupational Injury
References
0
Case No. MISSING
Regular Panel Decision
Aug 01, 2002

Claim of Petitt v. Eaton & Van Winkle

The claimant was injured in a 1993 elevator accident but did not file a workers' compensation claim until 1999. The Workers' Compensation Board dismissed the claim as time-barred under Workers' Compensation Law § 28, which mandates dismissal if a claim is not filed within two years of the accident. On appeal, the claimant argued the employer and carrier waived the § 28 defense by failing to timely raise it and by making advance payments. The Board found the defense was timely raised at the first hearing and determined that the employer's one-day wage payment was sick leave, not an advance payment of compensation. The appellate court affirmed the Board's decision, concluding that the Board's findings were supported by substantial evidence.

Workers' CompensationStatute of LimitationsTime-Barred ClaimWaiver DefenseAdvance Payment of CompensationSick Leave PolicyAppellate ReviewBoard DecisionElevator Accident
References
5
Case No. 533993
Regular Panel Decision
Dec 15, 2022

In the Matter of the Claim of Francisca Garcia (Garcia (dec'd), Miguel)

Claimant Francisca Garcia appealed a Workers' Compensation Board decision disallowing her claim for death benefits. Her spouse, Miguel Garcia, a World Trade Center volunteer, died in 2016 from conditions established in his prior workers' compensation claim. Garcia filed for death benefits in 2020, which the Board ruled untimely under Workers' Compensation Law § 28. The Board also determined that Workers' Compensation Law Article 8-A did not apply to a death benefits claim. The Appellate Division affirmed the Board's decision, holding that Article 8-A's exception to the two-year filing rule applied to the participant's disablement claim, not to a separate death benefits claim filed by a non-participant, thus the claim was barred by Workers' Compensation Law § 28. A dissenting opinion argued that Workers' Compensation Law § 163, by mentioning "injury or death," indicated Article 8-A's applicability to death benefits, suggesting the matter be remitted to address causation and timely filing.

Death Benefits ClaimWorld Trade Center VolunteerWorkers' Compensation Law § 28TimelinessStatutory InterpretationArticle 8-ALatent ConditionsPosttraumatic Stress DisorderGastroesophageal Reflux DiseaseObstructive Sleep Apnea
References
12
Case No. MISSING
Regular Panel Decision

Claim of Rowe v. Oswego Hospital

A registered nurse sustained a lower back injury in December 1998 while lifting a patient and filed a workers' compensation claim in June 1999. The employer controverted the claim, citing lack of timely notice. A Workers’ Compensation Law Judge denied the claim due to non-compliance with Workers’ Compensation Law § 18, a decision subsequently affirmed by the Workers’ Compensation Board, which found the employer was prejudiced by the delay. On appeal, the court rejected the claimant’s waiver argument, affirming the Board’s finding that the employer lacked timely notice and suffered prejudice, thereby upholding the denial of benefits.

Workers' CompensationUntimely ClaimNotice RequirementsEmployer PrejudiceBack InjuryRegistered NurseIncident ReportAppellate ReviewAffirmed DecisionWorkers' Compensation Law § 18
References
3
Case No. 2017 NY Slip Op 04184 [150 AD3d 1589]
Regular Panel Decision
May 25, 2017

New York State Workers' Compensation Board v. Program Risk Management, Inc.

The New York State Workers' Compensation Board, acting as administrator and successor to the Community Residence Insurance Savings Plan, initiated legal action against various entities and individuals after the trust became severely underfunded. Defendants include Program Risk Management, Inc. (administrator), PRM Claims Services, Inc. (claims administrator), individual officers of PRM, the Board of Trustees, and Thomas Gosdeck (trust counsel). The plaintiff sought damages for claims such as breach of contract, breach of fiduciary duty, and legal malpractice. The Supreme Court's order partially dismissed some claims and denied others. On cross-appeal, the Appellate Division, Third Department, modified the Supreme Court's order, notably reversing the dismissal of several breach of fiduciary duty claims and common-law indemnification against PRMCS, while affirming denials of motions to dismiss breach of contract, legal malpractice, and unjust enrichment claims. The court's decision was influenced by recent rulings in State of N.Y. Workers' Compensation Bd. v Wang.

Workers' Compensation LawGroup Self-Insured TrustBreach of ContractBreach of Fiduciary DutyLegal MalpracticeUnjust EnrichmentStatute of LimitationsEquitable EstoppelAlter Ego LiabilityCommon-Law Indemnification
References
20
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