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

Case No. 2021 NY Slip Op 07401
Regular Panel Decision
Dec 23, 2021

Matter of Carola B.-M. v. New York State Off. of Temporary & Disability Assistance

Petitioners Carola B.-M. and Tiara M. challenged the denial of their supplemental nutrition assistance program (SNAP) benefits by the New York State Office of Temporary and Disability Assistance and the Orleans County Department of Social Services. The benefits were denied because they were deemed ineligible college students. The Appellate Division, Fourth Department, reversed this determination, holding that participation in the Adult Career and Continuing Education Services, Vocational Rehabilitation program (ACCES-VR) qualifies as a Job Training Partnership Act (JTPA) program. This status exempts the students from certain SNAP eligibility requirements. The court found that the original determination was based on an unreasonable interpretation of relevant regulations, annulled the decision, granted the petition, and remitted the case for a calculation of retroactive benefits.

SNAP benefitscollege student eligibilityJob Training Partnership ActACCES-VRvocational rehabilitationCPLR article 78regulatory interpretationpublic assistancefood stampsAppellate Division
References
28
Case No. MISSING
Regular Panel Decision

Claim of Bruzzese v. Guardsman Elevator Co.

In 1994, the claimant sustained head, neck, and back injuries at work, leading to an award for permanent partial disability, which included a wage expectancy adjustment under Workers’ Compensation Law § 14 (5). Following back surgery in 1998, the case was reopened, and the claimant was found to be temporarily totally disabled. Benefits for this temporary total disability were calculated based on the claimant's average weekly wage at the time of injury, without applying the wage expectancy adjustment. The claimant appealed, arguing that since the permanent partial disability preceded the temporary total disability, the wage expectancy adjustment should also apply to the latter period. The court disagreed, affirming the Workers’ Compensation Board's decision, citing established case law that Workers’ Compensation Law § 14 (5) is applicable only to awards for permanent partial disability and not temporary disability.

Wage expectancyTemporary total disabilityPermanent partial disabilityWorkers' Compensation benefitsBack injuryAppellate reviewDisability calculationWorkers' Compensation BoardAverage weekly wage
References
1
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. MON 0333042 MON 0333043
Regular
May 01, 2008

JOSE LUIS CASTANEDA vs. SAMY'S CAMERA, INC., ZENITH INSURANCE COMPANY

This case concerns applicant Jose Luis Castaneda's claim for temporary disability benefits following two work-related injuries from Samy's Camera, Inc. The Appeals Board affirmed a prior award limiting temporary disability to two years from commencement, finding that concurrent injuries result in a concurrent application of the two-year cap under Labor Code section 4656(c)(1). This decision aligns with the appellate court's ruling in *Foster v. Workers' Comp. Appeals Bd.*, which held that the 104-week/2-year limitation runs concurrently when independent injuries cause simultaneous temporary disability.

Labor Code section 4656temporary disability indemnitypetition for reconsiderationtwo-year capFoster v. Workers' Comp. Appeals Bd.aggregate disability paymentsconcurrent periodsspecific injurycumulative injuryWCJ
References
1
Case No. OAK 0334678, OAK 0334680
Regular
Jul 21, 2008

KENNY AUBREY vs. COLOR TECH CORPORATION

This case involves an applicant who sustained industrial injuries to both knees, resulting in concurrent temporary total disability. The Workers' Compensation Appeals Board (WCAB) affirmed a prior award of temporary disability indemnity, applying the 104-week/two-year limitation under Labor Code section 4656(c)(1). This application was justified by the AME's finding that both injuries contributed to the applicant's concurrent temporary disability, aligning with precedent established in *Foster v. Workers' Comp. Appeals Bd.*.

Workers' Compensation Appeals BoardColor Tech Corporationindustrial injuriesboth kneesarthroscopic surgeriesleft kneeright kneejoint replacementtemporarily totally disabledaggregate disability payments
References
1
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. 5674395Z
Regular Panel Decision
Dec 01, 2011

Baines v. Berlin

Mashon Baines, a homeless and disabled mother of three, initiated a CPLR article 78 proceeding to challenge the New York State Office of Temporary and Disability Assistance's August 31, 2011 decision to discontinue her temporary housing assistance. This decision stemmed from an alleged altercation with a shelter director, Marilyn Gonzalez, during a fire drill, leading to Baines's arrest. Baines argued that her due process rights were violated because the discontinuance notice cited only the assault on Ms. Gonzalez, while the administrative decision was based on multiple uncharged wrongdoings and failed to adequately consider video evidence. The court found that respondents failed to adequately apprise Baines of all charges, thereby violating her due process rights, and consequently annulled the August 31, 2011 fair hearing decision. The court also granted Baines's request for attorneys' fees, costs, and disbursements.

Due ProcessAdministrative HearingHomeless AssistanceShelter BenefitsDiscontinuance of BenefitsNotice RequirementsCPLR Article 78Judicial ReviewAttorneys' FeesSelf-Incrimination
References
8
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. ADJ6779280, ADJ6783287
Regular
Feb 09, 2011

DANA COX vs. FIRST TRANSIT, NEW HAMPSHIRE INSURANCE COMPANY

This case involves an applicant with two distinct industrial injuries to different body parts, leading to concurrent temporary disability. The defendant argued the 104-week limit under Labor Code section 4656(c)(2) should run concurrently for both injuries. The Appeals Board rescinded the prior award, finding the WCJ did not properly apply the statute. The Board remanded the case for a new decision, clarifying that for overlapping periods of temporary disability from multiple injuries, the 104-week limitation runs concurrently.

Labor Code section 4656(c)(2)petition for reconsiderationFindings and Awardparatransit driver104 compensable weeksaggregate disability paymentssuccessive injuriesconcurrent temporary disabilityoverlapping body partsLabor Code section 4656(c)(1)
References
2
Case No. ADJ15643990; ADJ13744962
Regular
Aug 27, 2025

Osama Agaiby vs. City of Culver City, Intercare

The Workers' Compensation Appeals Board (WCAB) granted the defendant's Petition for Reconsideration of the Findings and Award (F&A) in two cases involving applicant Osama Agaiby. The F&A had awarded separate Labor Code section 4850 benefits for two injuries with overlapping temporary disability periods. The defendant argued that these benefits should run concurrently. The WCAB rescinded the F&As, holding that section 4850 benefits run concurrently when an applicant is on disability due to the combined effect of multiple injuries. The issues of temporary disability and section 4850 benefits were deferred, and the matters were returned to the trial level for adjustment.

Labor Code section 4850aggregate disability paymentsoverlapping temporary disabilityconcurrent benefitssalary continuationcumulative traumaspecific injurypolice officerWorkers' Compensation Appeals BoardPetition for Reconsideration
References
4
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