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Case Law Database

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

Case No. MISSING
Regular Panel Decision
Feb 19, 1997

Till v. Chautauqua Opportunities, Inc.

The claimant, a private preschool teacher, suffered a compensable injury. The Workers’ Compensation Board calculated her average weekly wage based on Workers’ Compensation Law § 14 (1), asserting she worked “substantially the whole of the year” despite her 41-week annual employment. The employer contended this was irrational, arguing that predictable seasonal layoffs should be factored into the annual earnings calculation, preventing her from receiving benefits equivalent to a full-time, full-year employee. The court agreed, holding that the formula in Workers’ Compensation Law § 14 (1) was inapplicable when seasonal layoffs are a known incident of employment. Therefore, the average weekly wage should be calculated under subdivisions (3) and (4) of Workers’ Compensation Law § 14. The Board's decision was reversed, and the matter remitted for further proceedings consistent with the court's ruling.

Workers' CompensationAverage Weekly WageSeasonal EmploymentRemittiturStatutory InterpretationSection 14Appellate DivisionWage CalculationEmployment DurationBoard Decision Reversal
References
6
Case No. MISSING
Regular Panel Decision

Claim of Whittaker v. Central Square Central School District

The claimant appealed the Workers’ Compensation Board's calculation of his average weekly wage following a work-related injury to his right elbow and hand. The Board used a 200 multiplier under Workers’ Compensation Law § 14 (3), which the claimant contended did not accurately reflect his annual salary as a school bus driver working 10 months a year. The court found that applying a 200 multiplier, although a minimum, was erroneous as it did not rationally correspond to the claimant's actual work days and resulted in an average weekly wage that was not fair or reasonable. Therefore, the court reversed the Board's decision and remitted the case back to the Workers’ Compensation Board for further proceedings consistent with its ruling.

Average Weekly WageWorkers' Compensation Law200 MultiplierAnnual Salary CalculationSchool Bus DriverWork-Related InjuryJudicial ReviewError in CalculationRemittal
References
1
Case No. MISSING
Regular Panel Decision

Fletcher v. Wegmans

Claimant sustained a work-related knee injury in November 2002. The Workers' Compensation Board calculated her average weekly wage at $398.49 by applying Workers' Compensation Law § 14 (3) and (4), as the claimant did not work a standard five or six-day week. The employer appealed, arguing improper statutory application. The appellate court affirmed the Board's decision, finding that the Board correctly utilized Workers' Compensation Law § 14 (3) to determine annual average earnings and subsequently Workers' Compensation Law § 14 (4) to establish the average weekly wage.

Work-related injuryAverage weekly wage calculationWorkers' Compensation Law § 14Statutory interpretationKnee injuryBoard decision affirmedWage calculation methodsAppellate reviewEmployer appealWorkers' Compensation benefits
References
3
Case No. MISSING
Regular Panel Decision

Otis Eastern Service, Inc. v. Hudacs

This CPLR article 78 proceeding reviewed a determination by the respondent regarding the petitioner's alleged failure to pay prevailing wages and wage supplements to 28 workers at the Belleayre Mountain Ski Center project. The petitioner argued that workers were properly classified as general laborers and welder helpers, while the respondent contended they should be classified as intermediate laborers under the Laborers’ Union Local 17 Agreement. The Hearing Officer initially sided with the petitioner, but the respondent rejected this, finding willful underpayments. The court affirmed the respondent's determination, concluding it was supported by substantial evidence and that the finding of willfulness was justified.

Prevailing WageWage SupplementsWorker ClassificationLabor LawCPLR Article 78Willful UnderpaymentUnion ContractsJudicial ReviewAdministrative DeterminationSubstantial Evidence
References
10
Case No. 529238
Regular Panel Decision
Mar 11, 2021

Matter of Behan v. Career Start Inc.

Claimant David Behan sustained a right inguinal hernia in 2013 while working as a maintenance mechanic, leading to a workers' compensation claim. The Workers' Compensation Law Judge (WCLJ) initially classified him with a permanent partial disability and a 60% loss of wage-earning capacity, setting weekly payments and directing a deposit to the Aggregate Trust Fund. Both parties sought Board review. The Workers' Compensation Board upheld the 60% loss of wage-earning capacity but adjusted the weekly benefit rate, set a different effective date of permanency, and found the carrier was not required to deposit into the Aggregate Trust Fund. The Appellate Division, Third Department, affirmed the Board's decision, finding substantial evidence supported the 60% loss of wage-earning capacity and the effective date of permanency. The court also found claimant's remaining arguments unpreserved or lacking merit.

Workers' CompensationPermanent Partial DisabilityWage-Earning CapacityHernia InjuryMedical ImpairmentVocational FactorsAppellate ReviewAggregate Trust FundSedentary WorkWorkers' Compensation Board
References
11
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
Apr 03, 2000

Claim of Lesperance v. Gulf Oil Co.

The claimant, a former truck driver for Gulf Oil Company, developed bilateral torn rotator cuffs, diagnosed in September 1991, while working part-time for Susse Chalet. The Workers' Compensation Board ruled the condition an occupational disease, fixing the disablement date as September 3, 1991, and attributed it to employment with both Gulf and Susse Chalet, allowing Susse Chalet to pursue apportionment. The current appeal concerns the Board's decision from April 3, 2000, which established the claimant's average weekly wage based solely on employment with Susse Chalet. The claimant argued that due to the disease's degenerative nature and long employment with Gulf, wages from both employers should be considered for the average weekly wage. However, the Board's decision to base the average weekly wage solely on Susse Chalet employment was affirmed, citing Workers' Compensation Law provisions that define wage and average weekly wage based on employment at the time of injury and absence of provisions for successive employers.

Average Weekly Wage CalculationOccupational Disease ApportionmentDate of DisablementSuccessive Employment WagesRotator Cuff InjuryWorkers' Compensation Law InterpretationDegenerative DiseaseStatutory DefinitionsConcurrent Employment DistinctionBoard Decision Appeal
References
0
Case No. MISSING
Regular Panel Decision

New York State Restaurant Ass'n v. Commissioner of Labor

This case involved a CPLR article 78 proceeding initiated by an employer association to challenge a determination by the Industrial Board of Appeals (IBA). The IBA had confirmed a minimum wage order from the Commissioner of Labor, which increased the cash wage for food service workers. The petitioner argued that the Commissioner lacked authority to set a wage lower than legislatively mandated and was constrained in considering other factors. The court converted the proceeding to a direct appeal and affirmed the IBA's determination, concluding that Labor Law § 655 (5) prohibits setting a cash wage less than that specified in Labor Law § 652 (4). The court found the petitioner's arguments without merit.

Minimum WageFood Service WorkersLabor Law InterpretationStatutory AuthorityWage Board ReviewIndustrial Board of AppealsCommissioner of LaborCPLR Article 78 ConversionJudicial Review of Agency ActionEmployer Association Appeal
References
6
Case No. MISSING
Regular Panel Decision

Claim of Alund v. Malt River Brewing Co.

Claimant was injured on October 28, 1999, and her workers' compensation claim was established with a tentative average weekly wage of $170.49. This wage was later permanently established by a Workers’ Compensation Law Judge (WCLJ) on July 26, 2001, but the WCLJ then reversed the decision, making it "without prejudice." The Workers’ Compensation Board subsequently ruled that the WCLJ improperly rescinded the permanent wage determination and referred the matter back. Claimant appealed this Board decision. While the appeal was pending, the Board issued another decision on November 3, 2003, closing the claimant's case due to a voluntary withdrawal from the labor market prior to the initial case establishment. Given this subsequent decision, which effectively rescinded the September 2003 decision under appeal, and the claimant's failure to appeal the November 2003 decision, the issue of her average weekly wage was deemed moot. Consequently, the appeal was dismissed.

Workers' CompensationAverage Weekly WageMootnessAppealBoard DecisionVoluntary WithdrawalLabor MarketRescissionJudicial ReviewProcedural Issue
References
4
Case No. ADJ608971 (SAC 0345754)
Regular
Mar 22, 2010

ROGELIO ROJAS vs. ALLIED WASTE INDUSTRIES INC, AMERICAN HOME ASSURANCE

This case involved a dispute over a 15% increase in permanent disability benefits for an employee who sustained a 100% permanent disability. The defendant argued this increase, under Labor Code section 4658(d), did not apply to total permanent disability awards and challenged the retroactive date for annual wage adjustments. The Appeals Board granted reconsideration, reversing the 15% increase because Labor Code section 4658(d) applies only to permanent disability awards calculated under a specific chart, not to total permanent disability. The Board affirmed the annual wage adjustment date based on precedent and deferred attorney fees pending recalculation.

Workers Compensation Appeals BoardRogelio RojasAllied Waste Industries IncAmerican Home AssuranceFindings Award and Orderpermanent disabilitypermanent total disabilityLabor Code section 4658(d)(2)state average weekly wageSAWW adjustment
References
3
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