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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
Feb 14, 2014

Walczyk v. Lewis Tree Service, Inc.

Claimant, a tree service worker, sustained a back injury in 2005 and later bilateral carpel tunnel syndrome in 2007, which was established as an occupational disease. The Workers’ Compensation Law Judge initially determined a 15% schedule loss of use for each hand due to carpel tunnel syndrome, leading to an award of $29,280. However, due to concurrent compensation for the back injury and the statutory weekly cap of $400, the Judge reduced the carpel tunnel award to $2,916, payable weekly. The Workers’ Compensation Board modified this, ruling that the claimant was entitled to the full $29,280 schedule loss of use award for the carpel tunnel syndrome, payable in a lump sum, citing Workers’ Compensation Law §§ 15 (3) (u) and 25 (1) (b) as amended in 2009. The employer's carrier appealed, arguing this violated the maximum disability rate provisions. The appellate court affirmed the Board's decision, stating that the lump-sum payment was an authorized alternative and did not violate the statutory cap, and that prior precedent did not preclude such an award.

schedule loss of uselump sum awardpermanent partial disabilitycarpal tunnel syndromeconcurrent paymentsstatutory capWorkers' Compensation Boardappellate review2009 amendmentsWorkers' Compensation Law
References
6
Case No. MISSING
Regular Panel Decision

Claim of Tallini v. Martino

The claimant, who suffered a permanent partial back injury in 1959, was awarded workers' compensation benefits. Years later, in Italy, he was involved in a fatal shooting incident but was acquitted of murder due to total insanity and committed to a psychiatric ward. The employer and carrier sought to suspend his benefits, arguing he was imprisoned. The Workers' Compensation Board granted the suspension, but this decision was appealed. The appellate court reversed the Board's decision, holding that an individual acquitted of a crime due to total insanity and committed to a mental institution does not lose their entitlement to workers' compensation benefits, especially when the underlying physical and industrial disability continues. The court emphasized that mental illness should not deprive an employee of otherwise due compensation and that the Board's decision was contrary to law and public policy.

Workers' CompensationPermanent Partial DisabilityInsanity AcquittalMental InstitutionBenefit SuspensionAppellate ReviewPublic PolicyDisability BenefitsLegal PrecedentRemand
References
3
Case No. MISSING
Regular Panel Decision
Jun 04, 2007

FCI Group, Inc. v. City of New York

This case involves an action brought by a contractor against the City of New York and the Department of Citywide Administrative Services (DCAS) for the balance due on a construction contract. The defendants contended that the plaintiff forfeited its right to further payment due to the attempted bribery of two city employees by the plaintiff's president. The Supreme Court initially denied the defendants' motion for summary judgment, but this Court reversed that decision. It found that the contract's narrow alternative dispute resolution clause was inapplicable to the dispute. Crucially, the Court concluded that the plaintiff was bound by the contract’s forfeiture provision and that its enforcement did not offend public policy, as the unlawful conduct was central to the performance of the contract, thereby barring recovery.

Construction ContractContract ForfeitureBriberyPublic PolicyAlternative Dispute Resolution (ADR)Summary JudgmentUnlawful GratuitiesEthical ConductContract InterpretationNew York City Charter
References
28
Case No. MISSING
Regular Panel Decision

Lowcher v. Beame

Plaintiff, a former school secretary, initiated a civil rights action under 42 U.S.C. § 1983 against the Board of Estimate of the City of New York, the New York Teachers’ Retirement System, and the New York City Employees’ Retirement System. She alleged deprivation of her constitutional rights to due process and equal protection after her application for accident disability benefits was denied. The Medical Board of the New York Teachers’ Retirement System determined her disability was not proximately caused by a 1970 assault, and denied her requests for legal representation, witnesses, and access to a referred physician's report. Defendants moved to dismiss the complaint for failure to state a claim. Judge Metzner denied the motion, ruling that while a full adversarial hearing was not required, the plaintiff was entitled to know the evidence upon which the Retirement System made its determination, implying a due process violation in denying access to the medical report.

Due ProcessEqual ProtectionCivil Rights ActionDisability BenefitsAccident DisabilityAdministrative LawMedical BoardRight to CounselCross-ExaminationAccess to Evidence
References
8
Case No. MISSING
Regular Panel Decision
Dec 14, 1977

Frye v. J. D. Cousins & Sons, Inc.

Norman E. Frye, an employee of J. D. Cousins & Sons, Inc., became disabled due to chronic pulmonary disease in 1976 and passed away in February 1977. His claim for nonoccupational disability was initially rejected by the carrier, citing a failure to meet a four-week employment requirement under Workers' Compensation Law § 203. However, a referee and the Workers’ Compensation Board ruled that Frye was eligible for benefits from the onset of his disability until his death, payable to his estate under Workers' Compensation Law § 236, interpreting 'due' benefits as legally owed. The Appellate Division affirmed the Board's decision, emphasizing that eligibility for disability benefits continues for four weeks post-employment termination, which Mr. Frye met.

Workers' CompensationDisability BenefitsNonoccupational DisabilityEligibilityEstate ClaimStatutory InterpretationAppellate ReviewChronic Pulmonary DiseasePaid VacationPost-Mortem Benefits
References
2
Case No. MISSING
Regular Panel Decision
Jan 08, 2008

In re Jacob WW.

This appeal concerns the termination of a mother's parental rights due to abandonment of her three children. The children were placed in foster care, and despite attempts by a caseworker to facilitate contact, the mother failed to visit or communicate with her children or the agency for the statutory six-month period. Although the mother's mother arranged a few brief family gatherings, the appellate court affirmed the Family Court's finding that these sporadic contacts were insufficient to prevent a finding of abandonment. The court also noted the children's positive adjustment to foster care and the foster parents' desire to adopt, supporting the termination of parental rights.

Parental Rights TerminationChild AbandonmentFoster Care PlacementFamily Court AppealSchuyler CountySocial Services Law § 384-bVisitation RightsDue DiligenceClear and Convincing EvidenceAppellate Division
References
7
Case No. MISSING
Regular Panel Decision
Oct 24, 2000

Commissioners of the State Insurance Fund v. DiPietro

The Supreme Court, New York County, entered a judgment on October 24, 2000, awarding the plaintiff $214,653.62. This judgment affirmed an earlier order from October 5, 2000, which had granted the plaintiff's cross-motion for summary judgment in an action to recover monies due under a workers’ compensation policy issued to the defendants. The court found that the plaintiff's business records established the defendants’ nonpayment of insurance premiums, and the defendants failed to present sufficient evidence to raise a triable issue. An appeal from the October 5, 2000 order was dismissed as subsumed in the appeal from the ensuing judgment. The action was also deemed timely commenced.

Workers' Compensation PolicyInsurance PremiumsSummary JudgmentBusiness RecordsNonpaymentAppealAffirmed JudgmentNew York LawAppellate DivisionTimeliness of Action
References
1
Case No. ADJ2627623 (MON 0215913) ADJ913845-(MON-0345139)
Regular
Dec 15, 2009

LEROY COLEMAN vs. CALIFORNIA CENTER FOR LIVING AND LEARNING, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for FREMONT INSURANCE

The Appeals Board reversed the WCJ's order to pay applicant's attorney 15% of permanent disability benefits, finding no benefits payable due to applicant's death before adjudication.

Workers' Compensation Appeals BoardReconsiderationAttorney's FeesPermanent Disability BenefitsLabor Code Section 4904LienDeath of ApplicantPrice v. Workers' Comp. Appeals Bd.Accrued BenefitsUnforeseen Death
References
8
Case No. MISSING
Regular Panel Decision

In re the Claim of Tandon

The claimant appealed a decision from the Unemployment Insurance Appeal Board, which had disqualified him from receiving unemployment insurance benefits due to employment termination caused by misconduct. The record supported the finding that the claimant's discharge stemmed from misconduct, specifically his unauthorized reading of a memorandum regarding his job performance, despite prior warnings about using co-workers' property without permission. The court found that these actions were not inadvertent and were detrimental to the employer's interest. Consequently, the Board's decision was affirmed without costs.

Unemployment InsuranceMisconductJob PerformanceUnauthorized Use of PropertyEmployment TerminationAppeal BoardBenefits DisqualificationAppellate DecisionWorkplace RulesEmployee Conduct
References
1
Case No. MISSING
Regular Panel Decision

In re the Claim of Belmar

Claimant, a school guard for the New York City Board of Education, was terminated after failing to disclose an arrest and conviction for third-degree criminal possession of a weapon. The incident occurred during nonworking hours, but the Administrative Law Judge and the Unemployment Insurance Appeal Board determined that his conduct constituted misconduct directly related to his position and posed a safety risk to students, thus disqualifying him from benefits. The appellate court affirmed the decision, ruling that misconduct affecting integrity, even if off-duty, bears a relationship to employment under Labor Law § 593 (4). The court also held that a certificate of relief from civil disabilities does not exempt an individual from a finding of ineligibility for unemployment benefits due to misconduct.

MisconductUnemployment BenefitsCriminal ConvictionSchool GuardWeapon PossessionOff-Duty ConductCertificate of ReliefCivil DisabilitiesBoard of EducationPersonnel Review
References
2
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