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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 17, 2004

Claim of Carter v. Von Roll Isola, USA, Inc.

The Workers' Compensation Board ruled that an employer's workers' compensation carrier was entitled to reimbursement from the Special Disability Fund for additional benefits paid due to concurrent employment. The Special Funds Conservation Committee appealed this decision, challenging the Board's interpretation of Workers' Compensation Law § 15 (8) (1). The core issue was whether the notice of the right to reimbursement must be filed before any award or only before the award dealing with concurrent wages. The appellate court affirmed the Board's interpretation, holding that the notice only needs to precede the concurrent wage award, finding this consistent with the statutory text and context. Therefore, the carrier's notice, filed before the concurrent wage award, was deemed timely.

Workers' Compensation LawSpecial Disability FundReimbursementConcurrent EmploymentNotice FilingStatutory InterpretationAppellate DivisionWorkers' Compensation BoardWage CalculationBenefit Awards
References
6
Case No. MISSING
Regular Panel Decision

Claim of Hernandez v. Taco Bell, Inc.

The Special Disability Fund appealed a Workers' Compensation Board decision that allowed an employer's carrier reimbursement for concurrent employment benefits. The carrier had failed to file the mandatory form C-251.3, although the Fund had actual notice of the concurrent employment issue and participated in related stipulations. The Workers' Compensation Law Judge and the Board had affirmed reimbursement, citing the Fund's consent and actual notice. However, this appellate court reversed the decision and remitted the case, ruling that the Board had not adequately explained its departure from established precedent which typically required strict adherence to filing procedures for reimbursement claims, even when actual notice existed. The court emphasized the Board's need to justify such deviations from its own prior rulings.

Special Disability FundReimbursementConcurrent EmploymentWaiver DefenseForm C-251.3Board PrecedentAppellate DivisionStatutory InterpretationRemittalSchedule Loss of Use
References
15
Case No. MISSING
Regular Panel Decision

Angulo v. City of New York

In a personal injury action, the defendant City of New York appealed an order from the Supreme Court, Queens County. The original order denied the City's motion to dismiss the complaint for failure to timely serve a notice of claim and granted the plaintiff's cross-motion to deem his notice of claim timely served nunc pro tunc. The plaintiff, injured in May 2005, served his notice of claim in August 2005, which the City rejected as untimely. The Appellate Division reversed the lower court's order, granting the City's motion to dismiss the complaint and denying the plaintiff's cross-motion. The court held that timely service of a notice of claim is a condition precedent to suing the City and that the plaintiff failed to make a timely application for leave to serve a late notice of claim. Furthermore, the court ruled that the plaintiff could not rely on the workers' compensation carrier's notice of claim.

Personal InjuryNotice of ClaimTimelinessCondition PrecedentCPLR 3211(a)(7)General Municipal Law § 50-eDismissal of ComplaintLate Notice of ClaimNunc Pro TuncWorkers' Compensation Carrier
References
7
Case No. MISSING
Regular Panel Decision

Isereau v. Brushton-Moira School District

This case concerns consolidated appeals from Supreme Court orders granting petitioners Darrell Isereau and Jason K. Houghton leave to file late notices of claim against Brushton-Moira School District. The petitioners, employees of Bette & Cring, LLC, were injured in a construction accident in August 2002, sustaining falls of approximately 15 feet. They sought to file late notices of claim based on alleged incapacitation and the District's actual knowledge of the accident. The respondent District argued prejudice due to late notice and a subsequent insurance disclaimer. The Appellate Division affirmed the Supreme Court's orders, finding no abuse of discretion as the District had actual notice of the essential facts, and the insurance disclaimer was attributed to the District Superintendent's failure, not the petitioners' delay.

Late Notice of ClaimGeneral Municipal LawLabor Law ViolationsPersonal InjurySchool District LiabilityConstruction AccidentFall AccidentActual KnowledgePrejudiceInsurance Disclaimer
References
5
Case No. ADJ5814563
Regular
Nov 19, 2012

MARIA VILLEGAS vs. BURKE WILLIAMS, INC., TRAVELERS SACRAMENTO

The Appeals Board dismissed the lien claimant's Petition for Reconsideration as untimely, unverified, and unserved. The Board also initiated removal and a notice of intention to impose a $250 sanction against the lien claimant and its representative for frivolous conduct, including filing a petition with willful misrepresentations of the record. The lien claimant failed to appear at a lien conference, leading to a Notice of Intention to Dismiss, which formed the basis of the dismissed petition. The Board found the lien claimant's assertion of lack of notice contradicted the record, which showed service of the conference notice.

Notice of Intention to Dismiss LienPetition for ReconsiderationLien claimantRemovalSanctionsLabor Code § 5813Due processVerificationServiceUntimely
References
9
Case No. MISSING
Regular Panel Decision

Claim of Winters v. Roman Catholic Diocese

The Special Disability Fund appealed a Workers’ Compensation Board decision from January 12, 2006. The Board had ruled that the employer’s workers’ compensation carrier was entitled to reimbursement from the Special Disability Fund for additional benefits related to a claimant’s concurrent employment. The dispute arose because the employer filed its notice of right to reimbursement (form C-251.3) six days after the Workers’ Compensation Law Judge’s decision, which directed reimbursement. The Special Disability Fund argued the filing was untimely, but the WCLJ and Board found that the Fund had waived its defense by failing to timely appeal the concurrent employment issue despite being on notice. The appellate court affirmed the Board's determination, finding substantial evidence supported the waiver.

Workers' CompensationSpecial Disability FundConcurrent EmploymentReimbursementWaiverTimely FilingNotice of IntentionForm C-251.3Scheduled Loss of UseAppellate Review
References
7
Case No. MISSING
Regular Panel Decision

Jacobsen v. New York State Department of Labor

Petitioner, a senior stenographer for the Department of Labor, was terminated after cumulative absences due to a work-related injury exceeded one year, pursuant to Civil Service Law § 71. The Department calculated absences including non-workdays. Petitioner challenged the calculation and argued improper termination due to lack of notice regarding the concurrent running of Family and Medical Leave Act (FMLA) leave. The court found respondent's method of calculating Civil Service Law § 71 leave rational. However, it determined that the Department of Labor failed to provide proper notice that petitioner's FMLA leave would run concurrently with her workers' compensation leave. Consequently, the court annulled the termination, granted the petition for reinstatement with back pay and benefits, and remitted the matter for further proceedings.

Workers' Compensation LeaveCivil Service LawFamily and Medical Leave Act (FMLA)Cumulative AbsencesTermination of EmploymentMedical DisabilityNotice RequirementsReinstatementBack Pay and BenefitsAdministrative Review
References
2
Case No. MISSING
Regular Panel Decision

Claim of Miller v. North Shore University Hospital

Claimant, a registered nurse, allegedly exacerbated an abdominal injury in September 1994 while at work, but did not file a workers' compensation claim until May 1996, after undergoing surgery. The workers' compensation carrier subsequently controverted the claim, citing untimely notice. Both a Workers' Compensation Law Judge and the Workers' Compensation Board determined that the claimant failed to provide timely notice to the employer as mandated by Workers’ Compensation Law § 18. On appeal, the court affirmed the Board's decision, concluding that the emergency room report was insufficient to constitute proper notice. Furthermore, the claimant did not meet his burden of proving that the employer was not prejudiced by the delay in notice, as the delay prevented an investigation prior to his surgery.

Timely NoticeEmployer KnowledgePrejudiceAbdominal InjuryRegistered NurseAccident ReportEmergency RoomSurgeryAppellate ReviewWorkers' Compensation Law § 18
References
5
Case No. MISSING
Regular Panel Decision
Nov 25, 1997

Mark v. Board of Education

The Supreme Court, Kings County, denied the petitioners' application for leave to serve a late notice of claim, an order which was subsequently affirmed on appeal. The appellate court found no improvident exercise of discretion in the denial. The petitioners failed to provide a legally acceptable excuse for their almost six-month delay beyond the 90-day statutorily-prescribed period. Additionally, the petitioners did not provide the respondents with actual notice of the essential facts of the claim within the required timeframe. The court noted that the conditions at the accident scene changed to the prejudice of the respondents, preventing their own investigation, and the ladder involved was allegedly discarded immediately after the incident. Filing a Workers’ Compensation claim was also deemed insufficient to satisfy the notice requirements of General Municipal Law § 50-e.

late notice of claimjudicial discretionactual noticeprejudice to respondentchanged conditionsWorkers’ Compensation claimappellate reviewstatutory periodKings Countymunicipal liability
References
8
Case No. MISSING
Regular Panel Decision

Acevedo v. City of New York

Petitioners, 110 New York City firefighters involved in World Trade Center rescue efforts after 9/11, sought permission to file late notices of claim under General Municipal Law § 50-e due to toxin exposure and subsequent respiratory illnesses. The City of New York objected, citing improper joinder of claims and lack of reasonable excuse or actual notice. The court found that common questions of law and fact allowed for joinder of the claims. Furthermore, the court determined that the City had actual knowledge of the essential facts surrounding the claims due to public awareness, extensive investigations, and internal Fire Department medical examinations, thus suffering no prejudice from the delayed filing. Consequently, the petition was granted, allowing the firefighters to serve and file their late notices of claim.

World Trade Center9/11FirefightersLate Notice of ClaimGeneral Municipal LawRespiratory IllnessToxic ExposureJoinder of ClaimsActual NoticePrejudice
References
20
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