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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 03, 2004

Claim of Scally v. Ravena Coeymans Selkirk Central School District

In this case, a claimant appealed a Workers’ Compensation Board decision regarding apportionment of her workers' compensation award. The claimant, who suffered a work-related left knee injury in 2002, had a pre-existing non-work-related injury to the same knee from 1986. While a WCLJ initially denied apportionment, the Board reversed, directing a 50/50 apportionment based on the premise that the prior injury would have resulted in a schedule loss of use award had it been work-related. The appellate court upheld the Board's determination, deferring to its interpretation that a non-work-related injury leading to a schedule loss of use constitutes a "disability in a compensation sense" for apportionment purposes. This decision was supported by medical expert testimony indicating a schedule loss of use from the prior surgery.

Workers' CompensationApportionmentKnee InjuryNon-work-related InjurySchedule Loss of UsePreexisting ConditionMedical Expert TestimonyBoard InterpretationJudicial ReviewAppellate Decision
References
13
Case No. MISSING
Regular Panel Decision

In re the Claim of Donlin v. West Babylon Fire District

In October 1998, a volunteer firefighter claimant broke a metatarsal bone in his right foot, leading to subsequent left knee, lower back, and right knee problems. While the initial foot and left knee injuries were found to be causally related, the employer and its workers’ compensation carrier disputed the causal link of the back and right knee pain. A Workers’ Compensation Law Judge (WCLJ) determined that the claimant sustained a permanent partial disability, including consequential back and right knee injuries, resulting in a 75% or greater loss of earning capacity. The Workers’ Compensation Board affirmed this determination. The carrier appealed the Board's decision, but the Appellate Division affirmed, citing sufficient expert medical testimony supporting the Board's decision and upholding the WCLJ’s denial of an adjournment for the carrier’s absent medical expert.

Volunteer Firefighters' Benefit LawWorkers' Compensation Board AppealPermanent Partial DisabilityLoss of Earning CapacityCausal RelationMedical Expert TestimonyAdjournment DenialWCLJ AuthorityAppellate ReviewSteamfitter Injury
References
4
Case No. MISSING
Regular Panel Decision

Claim of Wallace v. Oswego Wire, Inc.

The Workers' Compensation Board affirmed a decision finding a claimant's left hand injury consequentially related to a prior right knee injury. While recuperating from a work-related right knee injury, the claimant's knee gave out, causing him to cut his left hand with a table saw. The employer and its carrier appealed, arguing the claimant's conduct was an intervening act. The court, led by Peters, J., affirmed the Board’s determination, finding substantial evidence that using the table saw, despite the knee condition, was not an unreasonable intervening cause, as prior buckling was infrequent. Judges Crew III, Carpinello, Lahtinen, and Kane concurred with the decision.

Workers' CompensationConsequential InjuryIntervening CauseRight Knee InjuryLeft Hand InjuryTable Saw AccidentCausationAppellate ReviewBoard DecisionFactual Issue
References
4
Case No. CV-23-1834
Regular Panel Decision
Jan 09, 2025

Matter of Gunness v. Prime Piping & Heating Inc.

Claimant Arnold Gunness appealed a decision from the Workers' Compensation Board denying his claim for causally-related injuries to his neck, back, and left knee. Gunness initially filed a claim for a right foot fracture sustained in June 2020. Later, he filed a second claim alleging additional injuries to his neck, back, and left knee due to an altered gait and cane usage following the foot injury. Medical opinions conflicted; a podiatrist's opinion was disregarded, and a physiatrist's opinion on causation was deemed unpersuasive due to claimant's inconsistent accounts and lack of understanding of the mechanism of injury for the additional body parts. An orthopedic surgeon also could not establish a causal connection. The WCLJ and the Board found that the claimant failed to establish a causal connection, citing a lack of credible medical evidence and the claimant's inconsistent accounts. The Appellate Division affirmed the Board's decision, concluding that it was supported by substantial evidence.

CausationWorkers' CompensationInjury ClaimMedical EvidenceCredibility DeterminationBoard AuthorityAppellate ReviewAltered GaitRight Foot FractureNeck Injury
References
8
Case No. MISSING
Regular Panel Decision
Mar 25, 2004

Foote v. Lyonsdale Energy Limited Partnership

Glenn A. Foote, Jr., an employee, sustained injuries when a wood chip stacker collapsed at the Lyonsdale Cogeneration Facility. He and his wife filed a lawsuit alleging negligence and violations of Labor Law §§ 200, 240, and 241 against the facility owners (Lyonsdale Energy Limited Partnership and Moose River Energy, Inc.), the stacker designer (American Bin & Conveyor), and the procurer (Wolf & Associates). The Supreme Court partially granted summary judgment to Lyonsdale and Wolf, dismissing the Labor Law § 240(1) claim against Lyonsdale and the negligence claim against Wolf. On cross-appeals, the Appellate Division affirmed the lower court's decision, concluding that Labor Law § 240(1) was inapplicable as the injury resulted from the structure's collapse rather than the failure of a safety device. The court also upheld the dismissal of the negligence claim against Wolf due to the absence of a duty to the plaintiff, and found a question of fact existed regarding Lyonsdale's supervisory control, thus denying summary judgment to Lyonsdale on other claims.

Labor LawWorkplace InjurySummary JudgmentNegligenceElevated Work SiteScaffold LawWood Chip StackerDesign DefectSupervisory ControlContractual Obligation
References
19
Case No. MISSING
Regular Panel Decision

Matter of Hunter v. Town of Hempstead

Claimant, a sanitation worker, sustained a work-related back injury in 1996 and other injuries to his knees, foot, and shoulder over time. In 2010, after 32 years of service, the claimant retired, citing his various work-related injuries, and sought post-retirement benefits for the 1996 back injury. The Workers’ Compensation Board concluded that the claimant's retirement constituted a voluntary withdrawal from the labor market and was unrelated to the 1996 injury. The Appellate Division affirmed the Board's decision, finding substantial evidence in the record, including the claimant's own testimony and medical reports, that the 1996 injury was responsible for only a mild or moderate disability and that his retirement was prompted by knee problems rather than the back injury.

Voluntary Withdrawal from Labor MarketWorkers' Compensation BenefitsBack InjuryKnee InjuryPost-Retirement BenefitsSpecial Fund for Reopened CasesCausationSubstantial EvidenceAppellate ReviewMedical Evidence
References
5
Case No. ADJ2308109 (OAK 0275439) ADJ01058712 (OAK 0275438)
Regular
Apr 29, 2011

LINDA BURT-FOSS vs. CHILDREN'S FAIRYLAND, STATE COMPENSATION INSURANCE FUND

This case involves a workers' compensation claim for a zoo keeper injured in 1999. The applicant sustained a left foot and ankle injury that led to a Charcot foot condition, resulting in total permanent disability. The defendant argued for apportionment of disability, citing a medical opinion suggesting pre-existing conditions contributed to the Charcot foot. However, the Board affirmed the applicant's total permanent disability, finding the industrial injury was a contributing cause and therefore not subject to apportionment. The Board also found that the defendant waived issues regarding the overlap of disabilities from prior knee injuries by failing to raise them in their petition for reconsideration.

Workers' Compensation Appeals BoardJoint Findings and AwardReconsiderationPermanent Total DisabilityApportionmentAgreed Medical EvaluatorCharcot footIndustrial InjuryInciting EventCompensable Consequence
References
11
Case No. MISSING
Regular Panel Decision
Jun 02, 2008

Claim of Laezzo v. New York State Thruway Authority

The claimant suffered a work-related slip and fall in 2002, leading to injuries including his head, neck, back, and knees. His morbid obesity contributed to his back and knee issues, prompting him to seek authorization for gastric bypass surgery. The Workers’ Compensation Law Judge approved the surgery, a decision affirmed by the Workers’ Compensation Board, which found the surgery causally related to the compensable injuries. The employer and its carrier appealed, challenging the causal link. The court affirmed the Board's decision, noting substantial evidence that the claimant's weight gain was a result of the sedentary lifestyle imposed by his injuries, and that the surgery would aid in his recovery.

Workers' CompensationConsequential InjuryGastric Bypass SurgeryMorbid ObesityMedical Treatment AuthorizationCausationKnee InjuryBack InjurySedentary LifestyleBoard Decision Appeal
References
2
Case No. MISSING
Regular Panel Decision

Claim of Eimers v. Lee's Restaurant

In this Workers' Compensation case, a claimant suffered a right ankle injury in 1978. The employer's insurance carrier sought reimbursement from the Special Disability Fund under Workers' Compensation Law § 15 (8) (d) due to the claimant's preexisting knee injury. Initially, a 50% schedule loss of use of the right foot was found. Subsequently, the claimant sought additional compensation for impairment of wage-earning capacity under Workers’ Compensation Law § 15 (3) (v). After varying WCLJ decisions, the Workers’ Compensation Board ultimately rescinded a determination that the Fund was liable for reimbursement, finding that the claimant’s pre-existing knee condition did not increase the employer’s compensation liability. The employer and its carrier appealed this Board decision. The appellate court affirmed the Board's decision, concluding that its factual determination was supported by substantial evidence and that the Second-Injury Law did not apply in this instance.

Workers' Compensation LawSpecial Disability FundSecond-Injury LawSchedule Loss of UseWage Earning CapacityPreexisting ConditionAppellate ReviewBoard DecisionFactual FindingsSubstantial Evidence
References
3
Case No. MISSING
Regular Panel Decision
Feb 01, 1978

Claim of Goss v. Hornblower & Weeks

Claimant, a stockbroker, sustained a compensable left knee injury in 1974, leading to surgery and a 10% schedule loss award. Subsequently, the claimant sought to have a right knee injury, sustained in 1975 after being struck by a bicycle while en route to a medical examination for his left knee, deemed a consequential injury. While the referee initially found the right knee injury compensable, the Workers' Compensation Board reversed this decision, concluding that the evidence did not establish a direct and natural link between the industrial left knee injury and the subsequent right knee injury. The appellate court affirmed the Board's determination, citing substantial evidence in the record to support the disallowance of the claim.

Workers' CompensationKnee InjuryConsequential InjurySchedule LossBoard ReversalAffirmationStockbrokerAccidentMedical ExaminationAppellate Review
References
1
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