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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

Linger v. Anchor Motor Freight, Inc.

Claimant sustained permanent partial disabilities from two 1977 accidents and one 1980 accident, leading to separate awards from different employers and their respective insurance carriers. Initially, the claimant received concurrent benefits exceeding the statutory maximum rate. Upon discovering these concurrent payments, a joint hearing was held. An Administrative Law Judge apportioned the award, which was subsequently affirmed by the Workers' Compensation Board, stating that concurrent awards exceeding the statutory maximum for a permanent partial disability were impermissible. The claimant appealed this decision, arguing for a per-accident application of the statutory maximum. However, the appellate court affirmed the Board's decision, asserting that the Workers' Compensation Law establishes an overall maximum rate for permanent partial disability regardless of the number of accidents or employments.

Permanent Partial DisabilityConcurrent AwardsStatutory MaximumApportionmentMultiple AccidentsWage LossJudicial PrecedentAdministrative Law JudgeWorkers' Compensation BoardInsurance Carriers
References
2
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 Hakam v. Herman H. Schwartz, Inc.

This case concerns an appeal from a Workmen's Compensation Board decision filed March 10, 1971, which discharged the Special Disability Fund from liability under Workmen’s Compensation Law § 15(8). The claimant suffered a compensable myocardial infarction in 1963, resulting in a permanent partial disability, and another in 1968 while working for the appellant employer. The employer sought reimbursement from the Special Disability Fund, leading to a hearing on the employer's prior knowledge of the claimant's pre-existing impairment. The Referee discharged the Fund, and the Board affirmed this decision. The court, citing Matter of Bellucci v. Tip Top Farms, affirmed the Board's decision, finding substantial evidence in the record to support the Board's findings on the issues of employer knowledge and informed decision.

Workers' CompensationSpecial Disability FundReimbursementMyocardial InfarctionPermanent Partial DisabilityEmployer KnowledgePre-existing ImpairmentInformed DecisionAppellate Review
References
1
Case No. MISSING
Regular Panel Decision

Claim of Foti-Crawford v. Buffalo General Hospital

A registered nurse sustained a back injury in July 1991 while concurrently employed by Buffalo General Hospital and Supplemental Health Care, leading to permanent partial disability. The Workers’ Compensation Board awarded benefits of $153.36 per week and ruled that the Special Disability Fund should reimburse the hospital's carrier for most of these benefits under Workers’ Compensation Law § 14 (6). The Fund appealed, contending that reimbursement was unwarranted as the benefits did not exceed the maximum amount the hospital would have paid without concurrent employment. The court affirmed the Board's decision, finding its interpretation rational, especially given the claimant returned to work for the primary employer.

Workers' CompensationConcurrent EmploymentSpecial Disability FundReimbursementPermanent Partial DisabilityAverage Weekly WageAppellate ReviewBack InjuryNurseWorkers' Compensation Law
References
2
Case No. MISSING
Regular Panel Decision

Claim of Sciame v. Airborne Express, Inc.

This case addresses the application of Workers’ Compensation Law § 15 (6) (a) concerning the maximum weekly benefits a claimant can receive for concurrent schedule and nonschedule awards. The court reaffirms its established precedent that these concurrent payments cannot exceed the statutory cap of $400 per week for 2004 injuries, irrespective of whether the nonschedule award stems from a permanent disability. This principle was also extended to include periodic payments for a schedule loss of use award and nonschedule award payments for temporary disability. The court concluded that the 2009 amendments to Workers’ Compensation Law §§ 15 and 25 did not indicate legislative intent to overturn this longstanding cap. Consequently, the Board's decision, which held that the claimant's receipt of maximum weekly benefits from a nonschedule award precluded additional benefits from a schedule loss of use award, was affirmed.

Workers' Compensation BenefitsBenefit MaximumsConcurrent AwardsSchedule Loss of Use AwardNonschedule AwardStatutory CapJudicial Precedent AffirmationWorkers' Compensation Law Interpretation2009 Amendments AnalysisPermanent Disability Benefits
References
11
Case No. MISSING
Regular Panel Decision
Sep 17, 1980

Bass v. Westchester Concrete, Inc.

This case involves an appeal from a Workers’ Compensation Board decision, which was initially filed on March 14, 1980, and later amended on September 17, 1980. The employer's insurance carrier sought reimbursement from the Special Disability Fund under Workers’ Compensation Law § 15(8), claiming a known prior physical impairment of bilateral deafness in the claimant. The record established that the claimant's total disability stemmed from a severe psychoneurotic disorder, with a pre-existing psychiatric condition materially and substantially exacerbating the present disability due to a compensable accident. However, the appeal found no substantial evidence that the employer had prior knowledge of this psychiatric condition; only the bilateral deafness was known, which was deemed incidental to the current disability. Consequently, the Board's decision, which presumably denied reimbursement, was affirmed, with costs awarded to the Special Disability Fund.

Workers' CompensationSpecial Disability FundReimbursement ClaimPrior Physical ImpairmentBilateral DeafnessPsychoneurotic DisorderPre-existing ConditionEmployer KnowledgeTotal DisabilityCompensable Accident
References
0
Case No. MISSING
Regular Panel Decision
Nov 17, 1977

O'Reilly v. Raymond Concrete Piling, Inc.

The Workers’ Compensation Board initially discharged the Special Disability Fund from liability, attributing the claimant's disability solely to a 1969 accident based on Dr. Williams' testimony. This decision was affirmed on appeal by the majority, finding support in the record. A dissenting opinion argued for reversal, citing a lack of substantial evidence to prove the disability was not materially and substantially greater due to both a 1957 injury and the 1969 accident, and noted the absence of findings regarding the employer's knowledge of the claimant's permanent physical impairment from the 1957 injury. The dissent also referenced prior similar cases.

Workers' CompensationSpecial Disability FundPermanent Physical ImpairmentSubsequent DisabilityMaterially and Substantially GreaterEmployer KnowledgeMedical TestimonySubstantial EvidenceAppellate DivisionDissenting Opinion
References
3
Case No. MISSING
Regular Panel Decision

Claim of Hope v. Warren County Board of Elections

This case involves an appeal by a workers' compensation carrier regarding the calculation of a claimant's average weekly wage based on concurrent employment. The claimant, injured on November 3, 2009, had employment as a polling inspector and concurrently with a retail store. A Workers’ Compensation Law Judge (WCLJ) and subsequently the Workers’ Compensation Board calculated the claimant's average weekly wage based on both employments, totaling $80.69, and directed the carrier to continue awards. The carrier appealed, arguing that awards should only be based on the primary employment wage of $3.56 due to the inability to seek reimbursement from the Special Disability Fund for concurrent employment amounts following 2007 amendments to Workers’ Compensation Law § 14 (6). The Appellate Court affirmed the Board's decision, interpreting the statutory language to mean that primary employers are liable for benefits calculated on combined average weekly wages, and the 2007 amendments did not intend to reduce benefits for injured workers.

Concurrent Employment BenefitsAverage Weekly Wage CalculationSpecial Disability Fund ClosureWorkers' Compensation Law § 14(6)Statutory Amendment ImpactEmployer Liability LimitsTemporary Total DisabilityTemporary Partial DisabilityAppellate Review of WCABLegislative Purpose Analysis
References
5
Case No. MISSING
Regular Panel Decision

Claim of Milner v. Country Developers, Inc.

The Special Disability Fund appealed decisions by the Workmen’s Compensation Board which imposed liability on the Fund for a claimant's injuries. The Board found that the employer, Country Developers, continued to employ the claimant, a carpenter, with knowledge of his pre-existing permanent physical impairment, triggering liability under subdivision 8 of section 15 of the Workmen’s Compensation Law. The claimant suffered a fracture of the nose and a hip dislocation in 1964, having a history of three ruptured disc surgeries and other conditions. The appeal centered on whether the employer had sufficient knowledge of the claimant’s permanent condition. Testimony from the employer’s foreman, Mr. Pahlck, indicated awareness of the claimant's back issues, including wearing a back brace and being favored by co-workers. The court affirmed the Board’s decision, reiterating that employer knowledge is a question of fact for the Board, and its findings, if supported by substantial evidence, will not be disturbed.

Workers' Compensation LawSpecial Disability FundEmployer LiabilityPre-existing Permanent ImpairmentEmployer KnowledgeSubstantial EvidencePermanent Partial DisabilityFracture of NoseHip DislocationRuptured Discs
References
3
Case No. MISSING
Regular Panel Decision

Smith v. New York State & Local Retirement Systems

Petitioner, a taxpayer services representative, sustained a back injury in March 1981 while lifting forms, leading to a decline in attendance and eventual termination in November 1989. She applied for accidental and ordinary disability retirement benefits, both of which were denied by the Comptroller. The accidental disability claim was denied because the incident was not deemed an 'accident' under Retirement and Security Law § 63. The ordinary disability claim was denied as untimely, having been filed approximately six months after her termination, exceeding the 90-day limit stipulated by Retirement and Social Security Law § 62. The Supreme Court dismissed the challenge to the ordinary disability denial due to untimeliness and transferred the accidental disability challenge to this Court. This Court confirmed the Comptroller's determination on both counts, rejecting the petitioner's estoppel argument regarding the untimely ordinary disability application and finding substantial evidence to support the finding that the injury did not constitute an 'accident' within the meaning of the relevant law, as it resulted from ordinary employment duties without an unexpected event.

Disability Retirement BenefitsAccidental DisabilityOrdinary DisabilityUntimely ApplicationEstoppel Against GovernmentWork-Related InjuryBack InjuryDefinition of AccidentOrdinary Employment DutiesSubstantial Evidence Review
References
16
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