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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 Grugan v. The Record

Claimant sustained a work-related injury to her left hand in 2007, leading to a dispute over whether she should receive a permanent partial disability classification or a schedule loss of use award. The Workers’ Compensation Board ultimately issued a 15% schedule loss of use award, which the claimant appealed. The Appellate Division affirmed the Board's decision, finding that substantial evidence supported the determination. The court noted that claimant had reached maximum medical improvement and her condition was stable, factors supporting a schedule loss of use award. Conflicting medical opinions from the treating orthopedist and an independent medical examiner were resolved by the Board within its discretion.

Schedule Loss of UsePermanent Partial DisabilityWorkers' Compensation BoardMedical EvidenceIndependent Medical ExaminationTreating PhysicianAppellate ReviewBoard DiscretionMaximum Medical ImprovementConflicting Medical Opinions
References
3
Case No. MISSING
Regular Panel Decision

Matter of Terranova v. Lehr Construction Co.

In 2009, Claimant sustained a right knee injury at work, leading to workers' compensation benefits and a 10% schedule loss of use award. Concurrently, Claimant settled a third-party action for $173,500. A dispute arose concerning the carrier's credit and the apportionment of litigation expenses from the third-party settlement, specifically whether Burns v Varriale or Matter of Kelly v State Ins. Fund applied to a schedule loss of use award. The Workers’ Compensation Board ruled that Matter of Kelly controlled, denying Claimant ongoing payments for litigation expenses. The appellate court affirmed, clarifying that for schedule loss of use awards, future benefits are ascertainable, making Matter of Kelly applicable.

Schedule Loss of UseThird-Party SettlementWorkers’ Compensation BenefitsLitigation ExpensesCarrier CreditApportionment of Counsel FeesFuture BenefitsIndependent Medical ExaminationOrthopedist ReportCourt of Appeals Precedent
References
5
Case No. MISSING
Regular Panel Decision

Claim of Cruz v. City of New York Department of Children's Services

Claimant, injured in an automobile accident while working, received workers' compensation benefits and later settled a third-party action. A Workers’ Compensation Law Judge (WCLJ) and the Workers’ Compensation Board ruled that the self-insured employer was not entitled to offset the third-party settlement against a schedule loss of use (SLU) award, even for the portion initially designated as temporary total disability. The employer appealed, arguing the offset was permissible because the weekly award exceeded statutory thresholds for basic economic loss. However, the court affirmed the Board's decision, clarifying that a schedule loss of use award is not allocable to any specific period of disability and thus is not subject to offset under Workers’ Compensation Law § 29 against first-party benefits, regardless of initial labeling or monthly rate.

Schedule Loss of Use Award OffsetThird-Party SettlementTemporary Total DisabilityPermanent Partial DisabilityBasic Economic LossNo-Fault LawInsurance LawStatutory InterpretationWorkers' Compensation Law § 29Appellate Division
References
6
Case No. MISSING
Regular Panel Decision

Matter of Santiago v. The NY Operators

Claimant sustained a work-related injury to her right hand and subsequently her left wrist, receiving workers' compensation benefits from October 2008 to December 2013. Payments were suspended in December 2013 based on the employer's medical expert opinion that claimant reached maximum medical improvement. A Workers’ Compensation Law Judge (WCLJ) found a 17.5% loss of use of her right hand and 7.5% loss of use of her left hand. The Workers’ Compensation Board rescinded the WCLJ’s decision, restoring the case to the trial calendar for further development of the record, noting that claimant had not been provided an opportunity to present evidence regarding schedule loss of use percentages. Claimant appealed the Board’s failure to determine awards held in abeyance and paid at a tentative rate. The Appellate Division dismissed the appeal, holding that the Board’s decision was interlocutory and did not dispose of all substantive issues, allowing the claimant to appeal any issues upon a final Board decision.

Workers' CompensationSchedule Loss of UseMaximum Medical ImprovementInterlocutory AppealAppellate ProcedureMedical Expert OpinionBoard Decision RescindedTrial CalendarFurther Development of RecordTentative Rate
References
4
Case No. MISSING
Regular Panel Decision
Jul 24, 2002

In re the Claim of Miller v. North Syracuse Central School District

This case involves an appeal from a Workers' Compensation Board decision concerning overlapping workers' compensation awards. The claimant, a food services worker, filed two separate claims: one for occupational disease to her shoulders, leading to a schedule loss of use award, and another for bilateral carpal tunnel syndrome, which resulted in a temporary total disability award for the period from December 13, 1999, to February 14, 2000. The State Insurance Fund argued that the schedule loss of use award should be suspended for this period to prevent an overlap. Initially, a Workers’ Compensation Law Judge disagreed, but the Workers’ Compensation Board reversed, ruling in favor of suspending the schedule award. On appeal, the court reversed the Board's decision, clarifying that a schedule award is not allocable to a specific period of disability and therefore does not overlap with a temporary total disability award covering a limited timeframe. The court distinguished this from cases involving permanent disability awards. The matter was remitted to the Workers’ Compensation Board for recalculation of the claimant’s award.

Workers' CompensationSchedule Loss of UseTemporary Total DisabilityOverlapping AwardsEarning CapacityOccupational DiseaseCarpal Tunnel SyndromeShoulder InjuryAppellate ReviewRecalculation of Award
References
7
Case No. MISSING
Regular Panel Decision

Claim of Kondylis v. Alatis Interiors Co.

Claimant, a painter, was injured in June 2008 and his workers' compensation claim was established for back and left knee injuries. After his death from unrelated causes in July 2009, his attorney sought to amend the claim for neck and right shoulder injuries, submitting a report from treating physician Emmanuel Lambrakis, who found a 60% schedule loss of use for the right shoulder and left knee. A WCLJ granted a posthumous schedule loss of use award, but the Workers’ Compensation Board rescinded it and later reversed the WCLJ's reinstatement, finding Lambrakis's report lacked specific guidelines or clinical findings. The appellate court affirmed the Board's decision, concluding that the medical evidence failed to demonstrate maximum medical improvement, noting continuing pain and need for treatment, and that Lambrakis's report was conclusory.

Schedule Loss of UseWorkers' Compensation BenefitsPosthumous AwardTreating Physician ReportMedical Evidence SufficiencyMaximum Medical ImprovementAppellate ReviewWorkers' Compensation Board DecisionCross-Examination WaiverCPLR Procedure
References
12
Case No. MISSING
Regular Panel Decision

Claim of Patel v. Tal Transportation, Inc.

Claimant, a driver for Tal Transportation, Inc. (TTI), was injured in an automobile accident in April 1996 and filed for workers' compensation benefits. A Workers’ Compensation Law Judge (WCLJ) found claimant to be an employee of TTI and established the case for accident, notice, and causal relationship for various injuries. The Workers’ Compensation Board affirmed the WCLJ's decision on October 18, 2000, confirming the employment relationship. Subsequently, based on a stipulation with the Uninsured Employer’s Fund, the WCLJ awarded claimant a 17½% schedule loss of use of the left arm, which the Board affirmed on December 18, 2001. TTI appealed this latter decision, attempting to challenge the employment relationship, but the court found that TTI's appeal was untimely regarding the employment finding. Since TTI did not challenge the schedule loss of use award itself, the Board's December 18, 2001 decision was affirmed.

Workers' CompensationSchedule Loss of UseEmployment RelationshipTimeliness of AppealAutomobile AccidentUninsured Employer's FundDriverInjuryNew York Workers' Compensation BoardAdministrative Law
References
1
Case No. MISSING
Regular Panel Decision

Castro v. New York City Transit Authority

Claimant suffered compensable right knee injuries in 1992 and 1994, leading to a stipulated 22.5% schedule loss of use award in 2001, after which the cases were closed. Upon reopening in 2005, liability shifted from the employer's workers' compensation carrier to the Special Fund for Reopened Cases under Workers’ Compensation Law § 25-a. Following a recurrence of injuries in October 2005, the Fund sought a credit for the prior schedule loss of use award paid by the carrier, which was initially denied but later granted by the Workers’ Compensation Board. Claimant appealed this decision, arguing that the Fund should not receive credit for awards commencing more than two years prior to the transfer of liability, citing Workers’ Compensation Law § 25-a (1) and prior case law. The Appellate Division affirmed the Board's decision, explaining that the Fund assumes the carrier's rights and responsibilities, including any existing credits, and distinguished the cited precedent based on a lack of injury reclassification in the current case.

Workers' Compensation Law § 25-aSchedule Loss of Use AwardSpecial Fund for Reopened CasesCredit Against AwardsLiability TransferRecurrence of InjuryAppellate DivisionWorkers' Compensation Board DecisionStipulationCase Reopening
References
5
Case No. MISSING
Regular Panel Decision

Matter of Deck v. Dorr

This is a dissenting opinion concerning a Workers' Compensation Board's amended decision regarding a schedule loss of use (SLU) award. The claimant had already received a 100% SLU award for the loss of four fingers on their right hand and was granted an additional 100% SLU for their right thumb. The dissenting judge, Aarons, J., argues that there was a lack of substantial medical evidence to support the additional award for the thumb, as the claimant's surgeon did not explain how the thumb injury was separate and distinct from the injury to the other four fingers, which resulted from a single incident. The dissent highlights that the New York State Guidelines for Determining Permanent Impairment and Loss of Wage Earning Capacity specify that the loss of all fingers at proximal phalanges equates to 100% loss of use of the hand. Based on this, the dissenting judge would have reversed the portion of the amended decision granting the additional SLU for the thumb, although the final order stated the amended decision was affirmed.

schedule loss of useSLU awardright hand injurythumb amputationfinger amputationworkers' compensation boarddissenting opinionmedical evidencepermanent impairmentwage earning capacity
References
3
Case No. MISSING
Regular Panel Decision

Schmidt v. Falls Dodge, Inc.

The claimant was awarded a 21.43% schedule loss of use for binaural hearing loss in 2007. The Workers’ Compensation Law Judge and the Workers’ Compensation Board determined that this award was not subject to temporary disability benefits the claimant was already receiving from earlier workers' compensation cases. The employer and State Insurance Fund appealed, contending that a Court of Appeals decision overruled prior holdings regarding the overlap of schedule and nonschedule awards. The appellate court affirmed the Board's decision, distinguishing between schedule awards for future earnings loss and nonschedule awards for temporary disability during a limited time frame, concluding they do not overlap.

Workers' CompensationSchedule Loss of UseTemporary DisabilityBinaural Hearing LossAward OverlapAppellate DecisionInsurance FundEmployer LiabilityMedical BenefitsEarnings Loss
References
3
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