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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 Findling v. Community General Hospital

Claimant sustained a work-related injury in July 1995 and subsequently experienced intermittent lost time from work. In April 1998, claimant was awarded eight weeks of intermittent lost time, but sought review from the Workers’ Compensation Board, submitting a spreadsheet that indicated 13 weeks of lost time. The Board declined to consider the merits of her application, categorizing the spreadsheet as new evidence and citing claimant's failure to explain its prior non-submission. On appeal, the Court found that the Board erred in deeming the spreadsheet new evidence, a point the employer conceded. This error precluded the Board from fulfilling its fact-finding role and deprived the claimant of a review on the merits. Consequently, the decision was reversed, and the case remitted to the Board for further proceedings consistent with the Court's decision.

Workers' CompensationIntermittent Lost TimeEvidence AdmissibilityBoard ReviewRemittalProcedural ErrorAppellate Court DecisionDisability BenefitsFact-Finding RoleClaimant Rights
References
1
Case No. MISSING
Regular Panel Decision
Feb 02, 1979

New York Times Co. v. Newspaper & Mail Deliverers' Union

The New York Times Company (Times) and the Newspaper and Mail Deliverers’ Union of New York and Vicinity (NMDU) are embroiled in a dispute over staffing levels at the Times' Carlstadt, New Jersey facility. The Times initiated reduced manning for daily paper production, which the NMDU deemed a breach of their collective bargaining agreement, leading to a sustained work stoppage. Following an interim arbitration award that the NMDU rejected, the Times sought a preliminary injunction in court. The District Court, presided over by Judge Sweet, determined that the manning dispute is subject to the arbitration provisions of the collective bargaining agreement. Consequently, the court directed the NMDU to cease its work stoppage and proceed to arbitration, while also scheduling an evidentiary hearing to assess the criteria for issuing a preliminary injunction against the union.

Collective BargainingArbitrationWork StoppagePreliminary InjunctionLabor DisputeManning DisputeFederal PolicyNorris-LaGuardia ActCollective Bargaining AgreementJudicial Review
References
5
Case No. MISSING
Regular Panel Decision

Claim of Staebler v. Chloral Group, Inc.

The claimant, a salesman, sustained a left shoulder injury at work. The Workers’ Compensation Board initially awarded him $16,380 for a 15% schedule loss of use and directed reimbursement to the employer for $9,378.25 in wages. The claimant appealed the reimbursement, arguing he lost no work time. The Board subsequently rescinded the reimbursement award and reopened the case. Upon further proceedings, the Board again found the employer entitled to reimbursement under Workers’ Compensation Law § 25 (4). The claimant appealed this decision. The court reversed the Board's decision and remitted the matter for further proceedings, finding that the Administrative Law Judge failed to conduct a fair inquiry into whether the claimant lost time from work, preventing him from testifying adequately on the issue. The employer offered no contradictory evidence to the claimant’s statement that he lost no time from work. The claimant died after filing the appeal, with his executor continuing the case.

Workers' CompensationShoulder InjurySchedule Loss of UseReimbursement of WagesAdministrative Law JudgeProcedural ErrorDue Process ViolationRemittalEvidentiary DevelopmentDeceased Claimant
References
0
Case No. MISSING
Regular Panel Decision

New York Times Co. v. Newspaper & Mail Deliverers' Union of New York & Vicinity

The New York Times Company initiated a contempt action against the Newspaper and Mail Deliverers’ Union of New York and Vicinity (NMDU) and three union officials (Douglas LaChance, Lawrence May, Monte Rosenberg). The action stemmed from the defendants' alleged violation of a June 4, 1980 consent order, which mandated compliance with "status quo" rulings by an Impartial Chairman in collective bargaining disputes. On September 17, 1980, NMDU members engaged in a work stoppage following an employee's suspension, despite an Impartial Chairman's ruling that the suspension did not alter the status quo and ordering a return to work. The court found NMDU and Lawrence May guilty of contempt, ordering them to pay $229,718 in compensatory damages to the Times. However, the court denied the application for contempt against Douglas LaChance and Monte Rosenberg, and also denied the Times' request for a prospective fine.

Labor DisputeContempt of CourtNo-Strike ClauseArbitrationCollective Bargaining AgreementWork StoppageDamagesUnion LiabilityWildcat StrikeStatus Quo Ruling
References
11
Case No. MISSING
Regular Panel Decision

Claim of Schwartz v. State Insurance Fund

Claimant appealed two Workers' Compensation Board decisions. The first decision, filed April 25, 2012, ruled that her alleged cardiac conditions were not causally related to her established work-related stress claim. The second decision, filed May 2, 2012, denied her payment for intermittent lost time. The court affirmed both decisions, finding that the employer's independent medical examiner complied with Workers' Compensation Law § 137, and the Board's resolution of conflicting medical opinions regarding cardiac conditions was supported by substantial evidence. Additionally, the Board's determination that the claimant's Friday absences were for convenience, not disability, was also upheld by substantial evidence.

Workers' Compensation Board AppealsCausally Related DisabilityCardiac ConditionsHypertensionMitral Valve InsufficiencyTricuspid Valve InsufficiencyEnlarged Left AtriumWork-Related StressAdjustment DisorderIntermittent Lost Time Benefits
References
4
Case No. MISSING
Regular Panel Decision
Oct 30, 2013

Claim of Scott v. Rochester City School District

The claimant injured his back in 2004 while working as a custodian's assistant and the claim was established in 2009. In 2008, the claimant sustained an unrelated left knee injury and stopped working. In 2012, the claimant sought treatment for his back injury, claiming three months of lost time. The workers' compensation carrier sought to transfer liability to the Special Fund for Reopened Cases under Workers’ Compensation Law § 25-a. The Workers’ Compensation Board affirmed the transfer of liability and the award of benefits for a temporary, marked partial disability, prompting an appeal by the Special Fund. The court affirmed the Board's decision, finding that the award for lost time prior to the hearing was consistent with the Board's precedent regarding the timing of raising the issue of labor market attachment.

Workers' Compensation BoardSpecial FundReopened CasesLiability TransferLabor Market AttachmentPartial DisabilityLost WagesBack InjuryKnee InjuryAppellate Division
References
5
Case No. MISSING
Regular Panel Decision

the Claim of Jimerson v. New York City Police Department

Claimant, a senior administrative aide, applied for workers' compensation benefits due to hand, neck, and back injuries from repetitive movements while employed by the New York City Police Department. A work-related injury was established, and she received benefits for intermittent lost time. Claimant ceased working in March 2005, asserting her injuries prevented her from performing duties. A Workers' Compensation Law Judge and the Workers' Compensation Board determined she voluntarily removed herself from the labor market, denying further benefits, though the Board remitted for further development on intermittent lost time awards. The appellate court reversed the Board's determination regarding voluntary withdrawal, finding it unsupported by substantial evidence. Medical reports from treating physicians, Marc Levinson and Dwiref Mehta, indicated her disability contributed to her decision to stop working. The matter was remitted to the Workers' Compensation Board for further proceedings.

Workers' Compensation AppealVoluntary Withdrawal from Labor MarketRepetitive Movement InjuryCarpal Tunnel SyndromeNeck and Back InjuryPermanent Partial DisabilityTreating Physician ReportMedical EvidenceSubstantial Evidence ReviewBoard Decision Reversed
References
5
Case No. 2022 NY Slip Op 05574
Regular Panel Decision
Oct 06, 2022

Matter of Molander v. New York City Tr. Auth.

Claimant Richard Molander, a mason, has an established workers' compensation claim for various health issues but worked full duty without lost time until February 2020. His New York driver's license was revoked in January 2020 due to an alcohol-related driving offense. Shortly after, he sought a medical evaluation and presented a note for modified duties to his employer, who stated no such work was available, leading to him ceasing work. A Workers' Compensation Law Judge and the Workers' Compensation Board denied his claim for causally-related lost time, finding his testimony not credible and medical evidence insufficient to prove a worsening condition necessitated his departure. The Appellate Division, Third Department, affirmed the Board's decision, concluding that substantial evidence supported the finding that Molander's withdrawal from the labor market was voluntary and not directly caused by a disability, noting a lack of objective medical evidence to the contrary.

Workers' CompensationOccupational DiseaseLost Time BenefitsDisability ClaimMedical CausationCredibility AssessmentAppellate ReviewLabor Market WithdrawalDriver's License RevocationModified Work Duty
References
5
Case No. MISSING
Regular Panel Decision

Equal Employment Opportunity Commission v. New York Times Co.

This case involves The New York Times Co. (Times) seeking a permanent injunction against the New York Newspaper Printing Pressmen’s Union No. 2 (Union) and to hold the Union in contempt of court. The dispute stems from a 1995 Consent Decree, part of an EEOC suit, aimed at increasing minority and female representation among Junior Pressmen. The Times alleged a work slowdown by the Union on August 19, 1998, in response to the Times notifying the EEOC of a proposed advancement of Juniors, an action the Times considered a good faith effort to comply with the Consent Decree. The Court found the work slowdown was deliberately caused by the Union and granted the permanent injunction, citing irreparable harm to the Times due to the perishable nature of its product and loss of goodwill. However, the Court denied the motion to hold the Union in contempt for an alleged September 1, 1998, slowdown, finding the evidence of non-compliance not clear and convincing and the connection to the Consent Decree too weak.

Labor DisputePermanent InjunctionWork SlowdownContempt of CourtConsent DecreeEEOC EnforcementTitle VIICollective BargainingNewspaper IndustryUnion Relations
References
9
Case No. ADJ10307625; ADJ10307786
Regular
Aug 20, 2018

RENEE SKELTON vs. DEPARTMENT OF MOTOR VEHICLES, STATE COMPENSATION INSURANCE FUND

This case involves an applicant seeking reconsideration of a denial for temporary disability indemnity for time lost attending medical appointments. The Workers' Compensation Appeals Board (WCAB) granted reconsideration, amending the original decision. The WCAB found the applicant is entitled to temporary disability indemnity for wage loss incurred while attending medical-legal examinations, as per Labor Code section 4600(e)(1). However, the WCAB affirmed the denial of temporary disability for time lost attending treatment appointments after returning to work. A dissenting opinion argued for entitlement to temporary disability for attending treatment appointments during the healing period, even after returning to work.

Workers' Compensation Appeals BoardTemporary Disability IndemnityPetition for ReconsiderationFindings and OrderIndustrial InjuryReturn-to-WorkMedical Treatment AppointmentsMedical-Legal ExaminationsPanel QMEWage Loss
References
3
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