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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

Claim of Rodriguez v. Reicon Group, LLC

Claimant, a dock builder, was injured and sought state workers' compensation benefits. The employer contested the Workers’ Compensation Board's jurisdiction, asserting that the Longshore and Harbor Workers’ Compensation Act (LHWCA) was applicable and a waiver of federal rights under Workers’ Compensation Law § 113 was required. Both the Workers’ Compensation Law Judge and the Board found concurrent jurisdiction between state law and the LHWCA for land-based injuries, rendering a § 113 waiver unnecessary. The appellate court affirmed, clarifying that § 113 applies only where a federal scheme preempts state remedies, which is not the case with LHWCA. The court also highlighted that concurrent jurisdiction prevents double recovery.

Concurrent JurisdictionLongshore and Harbor Workers’ Compensation ActWorkers’ Compensation BoardAdmiralty LawFederal PreemptionWaiver of Federal RightsLand-Based InjuriesDock BuilderDouble RecoveryJones Act
References
12
Case No. MISSING
Regular Panel Decision

Nuara v. State of New York Workers' Compensation Board

Petitioners, two terminated group self-insured trusts (GSITs), challenged monetary assessments levied against them by the New York State Workers' Compensation Board and its chairman. The assessments were imposed pursuant to various sections of the Workers’ Compensation Law, utilizing a "pure premium calculation" method established by 2007 amendments. The court considered new 2008 legislation that further amended the calculation method for ceased self-insurers but declined to apply it retroactively. Ultimately, the court found the Board's interpretation of "the preceding year" in its pure premium calculation for terminated GSITs to be unreasonable and contrary to the clear statutory language. Consequently, the levied assessments were annulled and vacated.

Group Self-Insured TrustsMonetary AssessmentsStatutory InterpretationRetroactive ApplicationPure Premium CalculationAdministrative LawCPLR Article 78Legislative IntentStatutory ConstructionSelf-Insurance Liabilities
References
19
Case No. 2017 NY Slip Op 04184 [150 AD3d 1589]
Regular Panel Decision
May 25, 2017

New York State Workers' Compensation Board v. Program Risk Management, Inc.

The New York State Workers' Compensation Board, acting as administrator and successor to the Community Residence Insurance Savings Plan, initiated legal action against various entities and individuals after the trust became severely underfunded. Defendants include Program Risk Management, Inc. (administrator), PRM Claims Services, Inc. (claims administrator), individual officers of PRM, the Board of Trustees, and Thomas Gosdeck (trust counsel). The plaintiff sought damages for claims such as breach of contract, breach of fiduciary duty, and legal malpractice. The Supreme Court's order partially dismissed some claims and denied others. On cross-appeal, the Appellate Division, Third Department, modified the Supreme Court's order, notably reversing the dismissal of several breach of fiduciary duty claims and common-law indemnification against PRMCS, while affirming denials of motions to dismiss breach of contract, legal malpractice, and unjust enrichment claims. The court's decision was influenced by recent rulings in State of N.Y. Workers' Compensation Bd. v Wang.

Workers' Compensation LawGroup Self-Insured TrustBreach of ContractBreach of Fiduciary DutyLegal MalpracticeUnjust EnrichmentStatute of LimitationsEquitable EstoppelAlter Ego LiabilityCommon-Law Indemnification
References
20
Case No. MISSING
Regular Panel Decision

Tarabocchia v. John W. McGrath Corp.

This case addresses cross-motions for summary judgment concerning whether an injury falls under the Longshoremen's and Harbor Workers' Compensation Act. The plaintiff previously received state workmen's compensation but was denied federal compensation by a Deputy Commissioner, who found the injury did not occur on navigable waters. The injury happened when the plaintiff fell from a skid attached to a pier. The District Court affirmed the Deputy Commissioner's decision, emphasizing the limited scope of judicial review. The court distinguished this case from a precedent where the injury involved striking water. Consequently, the plaintiff's motion for summary judgment was denied, and the defendants' motions were granted.

Longshoremen's and Harbor Workers' Compensation ActSummary JudgmentNavigable WatersWorkmen's CompensationScope of ReviewAdministrative LawPier AccidentMaritime LawFederal Jurisdiction
References
4
Case No. 2017 NY Slip Op 08595 [156 AD3d 1043]
Regular Panel Decision
Dec 07, 2017

New York State Workers' Compensation Board v. Any-Time Home Care Inc.

The New York State Workers' Compensation Board, acting as administrator for a dissolved self-insured trust, initiated an action to recover a $133 million cumulative deficit from former trust members. Various defendants sought to dismiss the complaint, asserting claims were time-barred by a three-year statute of limitations for statutory liabilities, failed to adequately state claims against individual partners, and were barred by the doctrine of laches. The Supreme Court denied these motions. On appeal, the Appellate Division, Third Department, affirmed the Supreme Court's order, ruling that the claims were contractual, subject to a six-year limitation period, and that laches did not apply against the state enforcing a public right. The court also found the complaint sufficiently specific regarding the liability of individual defendants.

Workers' Compensation LawSelf-Insurance TrustJoint and Several LiabilityStatute of LimitationsContractual LiabilityLaches DoctrineAppellate ReviewGroup Self-InsurerDeficit RecoveryPartnership Liability
References
16
Case No. 2018 NY Slip Op 08227
Regular Panel Decision
Nov 29, 2018

Matter of Kelly v. New York State Workers' Compensation Bd.

In 2006, claimant Grace Kelly established a workers' compensation claim for an occupational disease. The State Insurance Fund (SIF) repeatedly sought to transfer liability to the Special Fund for Reopened Cases, which was denied by Workers' Compensation Law Judges. The Workers' Compensation Board affirmed these denials and assessed $500 penalties against both SIF and its counsel, Walsh and Hacker, for filing an application for review without reasonable grounds. Walsh and Hacker appealed the penalty imposed against them to the Appellate Division, Third Department. The Appellate Division found insufficient evidence to support the Board's finding that Walsh and Hacker's application lacked reasonable grounds, and therefore reversed the penalty against them, modifying and affirming the Board's decision.

PenaltiesAppellate ReviewSpecial Fund for Reopened CasesWorkers' Compensation Law § 25-aWorkers' Compensation Law § 114-aAttorney SanctionsAdministrative LawBoard DecisionJudiciary Law § 431
References
4
Case No. MISSING
Regular Panel Decision

Yerry v. New York State Workers' Compensation Board

This case involves an appeal from decisions of the Workers’ Compensation Board concerning a claimant, a member of the Board, who sustained a compensable industrial accident on April 21, 1976. The claimant suffered a foot injury which was subsequently aggravated by work activities, leading to thrombophlebitis of the right leg and pulmonary emboli, requiring surgery. The Board, in decisions filed December 7, 1977, and August 10, 1978, found that the claimant's work activities aggravated the condition, establishing a causal relation based on testimony. The appellate court affirmed these decisions, finding substantial evidence to sustain the Board's determination and deemed it unnecessary to consider the personal act doctrine. Costs were awarded to the Workers’ Compensation Board against the appellant State Insurance Fund.

Industrial AccidentAggravated InjuryThrombophlebitisPulmonary EmbolismCausal RelationshipSubstantial EvidencePersonal Act DoctrineAppellate ReviewState Insurance FundBoard Decision Affirmance
References
4
Case No. 2020 NY Slip Op 05261 [187 AD3d 1252]
Regular Panel Decision
Oct 01, 2020

Workers' Compensation Bd. of the State of N.Y. v. Williams Auto Parts Inc.

The Workers' Compensation Board imposed a penalty on Williams Auto Parts Inc. and its president, Joseph Williams, for failing to maintain workers' compensation coverage. Following nonpayment, the Board obtained a judgment against them, which defendants subsequently moved to vacate in Supreme Court. The Supreme Court denied this motion, citing a lack of subject matter jurisdiction. On appeal, the Appellate Division, Third Department, affirmed the Supreme Court's decision, ruling that the entry of judgment by the County Clerk was a ministerial act and that only the Appellate Division holds the authority to review final determinations of the Workers' Compensation Board prior to judgment.

Workers' Compensation LawPenalty AssessmentFailure to Secure CoverageJudgment VacaturSubject Matter JurisdictionAppellate DivisionMinisterial ActStatutory InterpretationExclusive JurisdictionDue Process
References
2
Case No. 2017 NY Slip Op 27428
Regular Panel Decision
Dec 14, 2017

New York State Workers' Compensation Bd. v. Compensation Risk Mgrs., LLC

This action was brought by the New York State Workers' Compensation Board (WCB), as an assignee of former members of the Healthcare Industry Trust of New York (HITNY), against Compensation Risk Managers, LLC (CRM), HITNY trustees, and auditing firm UHY LLP. The WCB alleged mismanagement, breach of fiduciary duty, and negligent auditing, leading to the Trust's insolvency. Defendants moved to dismiss on grounds of standing, statute of limitations, and pleading particularity. The court dismissed certain derivative claims and negligent misrepresentation claims against some trustees due to standing issues and statute of limitations. All claims against UHY LLP were dismissed for lack of a near-privity relationship or prior precedent. An implied indemnity claim against the trustees was sustained. The WCB's cross-motion to consolidate related actions was denied.

Workers' Compensation LawGroup Self-Insured Trust (GSIT)Fiduciary DutyNegligenceNegligent MisrepresentationStatute of LimitationsStandingDerivative ActionImplied IndemnityAuditing Firm Liability
References
46
Case No. 532391
Regular Panel Decision
Nov 18, 2021

Matter of Richman v. New York State Workers' Compensation Bd.

Claimant, Rebecca Richman, appealed three decisions from the Workers' Compensation Board regarding her claim for a work-related right shoulder injury. She alleged a fall at work on January 19, 2018, but did not seek medical treatment for 19 months. A Workers' Compensation Law Judge initially established the claim, but the Board reversed, finding that Richman failed to submit sufficient, credible medical evidence to demonstrate a causally-related injury and denied her claim. The Board subsequently denied her application for reconsideration and/or full Board review. The Appellate Division affirmed the Board's decisions, concluding that the Board's finding of no causally-related injury was supported by substantial evidence and that the Board did not abuse its discretion in denying reconsideration.

Workers' Compensation ClaimCausation (Medical)Shoulder InjuryMedical Evidence SufficiencyBoard ReversalAppellate Division ReviewBurden of ProofCredibility of EvidenceOsteoarthritis DiagnosisDelayed Medical Treatment
References
8
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