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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. 534701
Regular Panel Decision
Mar 28, 2024

In the Matter of the Claim of Mark Spillers

Claimant Mark K. Spillers appealed a decision from the Workers' Compensation Board which ruled that he did not sustain a causally-related psychological injury and disallowed his claim for workers' compensation benefits. Spillers, a senior rehabilitation counselor, alleged depression, psychosis, and PTSD due to a verbal assault by a coworker in December 2013. The Workers' Compensation Law Judge (WCLJ) found prima facie medical evidence based on his treating psychiatrist's reports but disallowed the claim, finding Spillers' account of the incident not credible and that the dispute did not constitute a workplace accident. The Board affirmed, deferring to the WCLJ's credibility determinations. The Appellate Division affirmed the Board's decision, concluding that the December 2013 incident was an ordinary dispute among coworkers to which the employer responded appropriately, and it was not so extraordinary as to constitute a workplace accident under the Workers' Compensation Law.

Workers' CompensationPsychological InjuryVerbal AssaultCoworker DisputeCredibility DeterminationDue ProcessWorkplace AccidentCausationPermanent Partial DisabilityDisability Retirement
References
15
Case No. MISSING
Regular Panel Decision

L&L Painting Co. v. Contract Dispute Resolution Board

L&L and Odyssey, contractors for lead-based paint removal on the Queensboro Bridge, disputed a contract drawing's interpretation with the Department of Transportation (DOT) concerning scaffolding clearance. Petitioners sought additional compensation after DOT rejected their proposed platform design, claiming a latent ambiguity in the contract. The Contract Dispute Resolution Board (CDRB) denied their claim, finding a patent ambiguity requiring pre-bid clarification. The Supreme Court upheld CDRB's decision, and this appellate court affirmed, concluding that the ambiguity was indeed patent, contrasting 'all roadways' in the note with the drawing's specific references. A dissenting opinion argued against this, stating an engineer would find no ambiguity.

Contract DisputePublic Works ContractQueensboro BridgeConstruction LawContract InterpretationAmbiguityPatent AmbiguityLatent AmbiguityCPLR Article 78Administrative Law
References
0
Case No. CLAIM NO. 78
Regular Panel Decision

In Re DDI Corp.

This case concerns the application of excusable neglect to a late class proof of claim filed by Raymond Ferrari and other representatives on behalf of a putative class against DDi Corp., a debtor in a pre-arranged chapter 11 case. The claim was filed approximately six weeks after the bar date. The debtors moved to expunge the claim due to untimeliness and procedural defects, while the representatives cross-moved for leave to file late, arguing lack of actual notice. The court denied the cross-motion, finding that the class was an unknown creditor at the time the bar date notice was mailed, and therefore, excusable neglect was not established. Consequently, the debtors' motion to expunge Claim No. 78 was granted.

excusable neglectlate claimclass actionproof of claimbar datebankruptcysecurities fraudchapter 11actual noticeunknown creditor
References
10
Case No. Claim Nos. 4754 and 7181
Regular Panel Decision
Feb 20, 2014

In re Residential Capital, LLC

Caren Wilson filed claims (Claim Nos. 4754 and 7181) asserting secured and unsecured claims against Residential Capital, LLC. The ResCap Borrower Claims Trust objected, arguing the claims were barred by res judicata due to a prior dismissal with prejudice of a related federal action, or were improperly amended/late-filed. The Court applied federal res judicata law, finding that Wilson's claims arise from the same nucleus of facts as the previously dismissed Federal Action. Additionally, Claim No. 7181 was deemed either barred by res judicata or late-filed, and both claims failed to meet pleading standards for RICO and fraud. The Court sustained the Trust's objection, expunging both of Wilson's claims, but modified the automatic stay to allow Wilson to challenge the prior dismissal order in the Virginia District Court.

BankruptcyRes JudicataClaim ObjectionExpungementFailure to ProsecuteRule 41(b) DismissalRICOFraudDebtor-CreditorMortgage Securitization
References
45
Case No. 532385
Regular Panel Decision
Nov 18, 2021

In the Matter of the Claim of Jose Urdiales

Claimant Jose Urdiales appealed a decision from the Workers' Compensation Board that denied his claim for workers' compensation benefits, alleging an occupational disease due to chemical exposure as a construction worker for Durite Concepts Inc/Durite USA. The employer and its carrier disputed the claim, including Urdiales's employment status and the nature of his duties. A Workers' Compensation Law Judge (WCLJ) credited the employer's president's testimony over Urdiales's account, leading to the disallowance of the claim. The WCLJ's findings were affirmed by the Workers' Compensation Board, which found the employer's witness more credible regarding the claimant's work history and rejected medical evidence based on Urdiales's less credible account. The Appellate Division, Third Judicial Department, affirmed the Board's decision, emphasizing that the Board is the sole arbiter of witness credibility and that its determination of no causally-related occupational disease was supported by substantial evidence.

Occupational DiseaseAppellate DivisionCredibility DeterminationSubstantial EvidenceChemical ExposureRespiratory IllnessEmployment HistoryFact DeterminationBoard AffirmationWorkers' Compensation Benefits
References
8
Case No. 532194
Regular Panel Decision
Nov 10, 2022

In the Matter of the Claim of Marc Trombino

Claimant Marc Trombino, an iron worker, filed a workers' compensation claim in September 2016 for work-related lung conditions, including silicosis and chronic obstructive pulmonary disease, naming FMB Inc. as his employer. The claim was initially indexed against Phoenix Insurance Co., then corrected to Liberty Insurance Corporation after an investigation. Liberty disputed coverage, but a Workers' Compensation Law Judge (WCLJ) found prima facie evidence and established the claim, finding an occupational disease and permanent total disability. Liberty appealed, belatedly raising a lack of policy coverage for the work location. The Board remitted the matter for a hearing on coverage, during which Ace American Insurance Company was put on notice. The WCLJ and subsequently the Board invoked the doctrine of laches, barring Liberty from denying coverage due to its inexcusable delay in raising the defense and the resultant prejudice to Ace American. The Supreme Court, Appellate Division, Third Judicial Department, affirmed the Board's decision.

Workers' CompensationOccupational DiseaseSilicosisChronic Obstructive Pulmonary DiseaseLaches DoctrineInsurance Coverage DisputeAppellate ReviewPrima Facie EvidencePermanent Total DisabilityMedical Expert Testimony
References
7
Case No. 88, 89, 90, 91
Regular Panel Decision
Nov 24, 2025

In the Matter of the Claim of Kimberly McLaurin; In the Matter of the Claim of Sheldon Matthews; In the Matter of the Claim of Melissa Anderson; In the Matter of the Claim of Bolot Djanuzakov

Four claimants (three transit workers and one teacher) sought Workers' Compensation Law benefits in 2020, alleging psychological injuries like PTSD from workplace COVID-19 exposure. The Workers' Compensation Board denied the claims, stating the stress experienced was not "greater than that which other similarly situated workers experienced," thus not constituting a compensable "accident." The Appellate Division reversed, arguing the Board erred by not considering claimants' vulnerabilities and applying disparate burdens compared to physical COVID-19 claims. The Court of Appeals reversed the Appellate Division, reinstating the Board's decisions, clarifying that individual vulnerabilities are immaterial and affirming the "greater stress" standard for compensability.

Workers' Compensation LawPsychological Injury ClaimsCOVID-19 Workplace ExposurePost-Traumatic Stress DisorderCompensable Accident StandardEmotional Stress CriteriaSimilarly Situated WorkersAppellate Division ReversalCourt of Appeals DecisionLegislative Amendments
References
26
Case No. CV-24-0601
Regular Panel Decision
Oct 02, 2025

In the Matter of the Claim of Juan Duta-Zumba

In July 2022, claimant Juan Duta-Zumba filed a workers' compensation claim for injuries sustained in a ladder fall while working for Level 5 Carpentry. The employer and its carrier, Urban Atelier Group, LLC and SiriusPoint America Insurance, controverted the claim, disputing employment. A Workers' Compensation Law Judge (WCLJ) credited claimant's testimony, establishing Level 5 Carpentry as the employer and confirming work-related injuries. The Workers' Compensation Board affirmed this decision. The carrier appealed, contending the accident was unwitnessed and their due process rights were violated. The Appellate Division, Third Judicial Department, affirmed the Board's decision, finding substantial evidence supported the Board's findings regarding the accident and injuries, and that the carrier received adequate due process.

Workers' CompensationLadder FallWork-Related InjuryCredibility DeterminationDue ProcessStatutory PresumptionAppellate ReviewEmployment DisputeMedical EvidenceThird Judicial Department
References
14
Case No. 534697
Regular Panel Decision
Dec 15, 2022

In the Matter of the Claim of Philome Pierre

Philome Pierre, a freight delivery driver, sought workers' compensation benefits after being diagnosed with COVID-19. The employer and carrier disputed the claim, arguing it wasn't a covered accident arising from employment. After an independent medical examination and hearings, a Workers' Compensation Law Judge established the claim, a decision subsequently affirmed by the Workers' Compensation Board. On appeal, the Appellate Division, Third Judicial Department, affirmed the Board's ruling, concluding that contracting COVID-19 in the workplace constitutes a compensable accidental injury under the Workers' Compensation Law. The court found substantial evidence supported the Board's determination that Pierre contracted COVID-19 during his employment.

COVID-19Workers' CompensationAccidental InjuryCourse of EmploymentSubstantial EvidenceCausationMedical EvidenceFreight DriverWorkplace HazardAppellate Review
References
12
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