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Case Law Database

Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. MISSING
Regular Panel Decision

Dewan v. Blue Man Group Limited Partnership

Plaintiff Brian Dewan, a musician, sued the Blue Man Group entities and individuals, seeking a declaration of co-authorship for musical compositions used in their "Blue Man Group: Tubes" performance and damages for state law claims. Dewan claimed he collaborated with the defendants in composing music for the show and was repeatedly assured of his co-authorship rights and that an agreement would be formalized, but it never materialized. Defendants moved to dismiss, arguing the co-authorship claim under the Copyright Act was time-barred. The court found that Dewan's equitable estoppel argument was unreasonable after late 1993 or 1994, as he had sufficient notice that a lawsuit was necessary. Consequently, the court dismissed the federal co-authorship claim due to the expiration of the statute of limitations and declined to exercise supplemental jurisdiction over the remaining state law claims.

Copyright ActCo-authorshipStatute of LimitationsEquitable EstoppelMotion to DismissFederal JurisdictionState Law ClaimsMusical CompositionsCollaborationDeclaratory Judgment
References
11
Case No. MISSING
Regular Panel Decision

Claim of Foti-Crawford v. Buffalo General Hospital

A registered nurse sustained a back injury in July 1991 while concurrently employed by Buffalo General Hospital and Supplemental Health Care, leading to permanent partial disability. The Workers’ Compensation Board awarded benefits of $153.36 per week and ruled that the Special Disability Fund should reimburse the hospital's carrier for most of these benefits under Workers’ Compensation Law § 14 (6). The Fund appealed, contending that reimbursement was unwarranted as the benefits did not exceed the maximum amount the hospital would have paid without concurrent employment. The court affirmed the Board's decision, finding its interpretation rational, especially given the claimant returned to work for the primary employer.

Workers' CompensationConcurrent EmploymentSpecial Disability FundReimbursementPermanent Partial DisabilityAverage Weekly WageAppellate ReviewBack InjuryNurseWorkers' Compensation Law
References
2
Case No. ADJ237189 (RIV 0058701)
Regular
May 22, 2009

DONALD K. SMITH vs. CITY OF SANTA ANA

This case concerns an applicant's attorney's petition for reconsideration regarding appellate costs and attorney's fees. The Workers' Compensation Appeals Board affirmed its prior decision, which had affirmed the finding of industrial injury to the heart and prostate but barred the skin cancer claim due to the statute of limitations. The Board ordered the applicant's attorney to reimburse the applicant $390 improperly solicited and received, while ordering the defendant to pay appellate costs of $382.79 upon confirmation of the reimbursement. The Board declined to increase the attorney's fee, finding it already exceeded typical ranges and that the attorney had not demonstrated entitlement to more.

Workers' Compensation Appeals BoardReconsiderationRemittiturStatute of LimitationsSkin CancerHeart InjuryProstate CancerPermanent DisabilityAttorney's FeeAppellate Costs
References
2
Case No. MISSING
Regular Panel Decision

Claim of Salvet v. Union Carbide Linde Division

Claimant sustained two compensable injuries, leading to a permanent partial disability classification in 1983 with a nonschedule award of $95 per week. Subsequently, in 1984, the claimant was diagnosed with a 24.2% occupational binaural hearing loss, resulting in a schedule award of $105 per week for 36.3 weeks. The Workers' Compensation Board, following an application by the carrier, reduced this schedule award to $10 per week. This reduction was based on Workers' Compensation Law § 15 (6) (a), which sets a maximum of $105 per week for compensation for permanent or temporary partial disability, indicating that the aggregate of both awards should not exceed this statutory limit. The appellate court affirmed the Board's decision, ruling that the statutory maximum applies to the total of all permanent partial disability awards, irrespective of whether they are schedule or nonschedule awards.

Workers' Compensation LawPermanent Partial DisabilityOccupational Hearing LossSchedule AwardNonschedule AwardStatutory MaximumAggregate AwardsWorkers' Compensation Board AppealStatutory InterpretationConcurrent Awards
References
6
Case No. MISSING
Regular Panel Decision

Dobney v. Eastman Kodak Co.

Claimant sustained a right knee injury, receiving workers’ compensation benefits and supplemental wages from their employer’s plan. The employer, which also served as its own third-party administrator, sought full reimbursement for all benefits paid. The claimant contested this, arguing for reimbursement only of the direct workers’ compensation benefits. A Workers’ Compensation Law Judge and subsequently the Workers’ Compensation Board denied the employer full reimbursement, citing the employer’s failure to file the terms of its supplemental plan prior to the initial award, as required by Workers’ Compensation Law § 25 (4) (c). The Appellate Division affirmed, concluding that the employer’s plan fell under § 25 (4) (c) because it limited employee benefits based on workers’ compensation entitlement, thereby upholding the Board’s decision to limit reimbursement due to the non-filing of the plan terms.

Workers' CompensationReimbursementEmployee Benefit PlanStatutory InterpretationWorkers' Compensation LawSchedule Loss of UseAppellate ReviewNew YorkSelf-Insured EmployerThird-Party Administrator
References
3
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

Auqui v. Seven Thirty One Limited Partnership

Jose Verdugo, a food service deliveryman, was injured in December 2003 and received workers' compensation benefits. He also initiated a personal injury lawsuit against Seven Thirty One Limited Partnership. The Workers' Compensation Board (WCB) later determined that Verdugo's disability ended on January 24, 2006, leading to the termination of his benefits. Subsequently, the defendants in the personal injury action sought to preclude Verdugo from relitigating the duration of his disability, arguing collateral estoppel based on the WCB's finding. The court, affirming the WCB's decision, reversed the Appellate Division's order, granting the defendants' motion to preclude further litigation on disability beyond the WCB's determined date, finding the issue was fully and fairly litigated.

Workers' Compensation BenefitsPersonal Injury ActionCollateral EstoppelAdministrative Law JudgeWorkers' Compensation BoardDisability DurationMedical TreatmentLost EarningsMedical ExpensesGuardianship Proceeding
References
6
Case No. MISSING
Regular Panel Decision

Roman Catholic Diocese v. New York State Workers' Compensation Board

Plaintiff, a self-insured employer, sought reimbursement from the Special Disability Fund for payments made to claimants prior to 1994. The requests were denied as untimely under 2007 amendments to Workers’ Compensation Law § 15 (8), which established new filing deadlines. Plaintiff challenged the constitutionality of these time limitations, asserting claims of actual and constructive trust, conversion, and unjust enrichment. The Supreme Court dismissed the complaint, and the Appellate Division affirmed, holding that plaintiff had no constitutionally protected property interest in the Fund and that due process was satisfied by the legislative enactment and its grace period.

Workers' CompensationSpecial Disability FundReimbursement ClaimsConstitutional ChallengeDue ProcessProperty RightsLegislative AmendmentsStatute of LimitationsSelf-Insured EmployerAppellate Review
References
15
Case No. MISSING
Regular Panel Decision
Jan 15, 2010

Claim of Castelli v. NRG

The claimant developed asbestosis and chronic obstructive pulmonary disease due to asbestos exposure during employment, with a disablement date of November 13, 2008. The employer and its workers’ compensation carrier sought reimbursement from the Special Disability Fund, but the Workers' Compensation Board denied the application. This denial was based on 2007 amendments to Workers’ Compensation Law § 15 (8) that closed the Fund to claims with disablement dates after July 1, 2007. The employer appealed, arguing the time limit was inapplicable to dust disease claims and that statutory definitions supported their interpretation. The Court affirmed the Board's decision, concluding that the statutory language and legislative history unequivocally intended to close the Fund to all new claims, including dust diseases, with disablement dates post-July 1, 2007.

asbestosasbestosischronic obstructive pulmonary diseaseSpecial Disability FundWorkers' Compensation Law § 15(8)2007 amendmentsdate of disablementdust diseaseoccupational diseasereimbursement claim
References
5
Case No. MISSING
Regular Panel Decision
Oct 26, 2015

Matter of Newbill v. Town of Hempstead

Claimant, a sanitation crew chief, injured his right ankle and foot at work and was awarded disability benefits. His self-insured employer paid his full weekly wages during a period of disability and timely sought reimbursement for these advanced payments. A Workers’ Compensation Law Judge granted the employer's reimbursement request against a 20% schedule loss of use award for the right foot. The Board affirmed this decision, and the claimant appealed, arguing that reimbursement should not cover periods where no compensation awards were initially made. The court affirmed the Board's decision, reiterating that an employer is entitled to full reimbursement from a schedule loss of use award for advanced wages paid during disability, as schedule awards are not allocable to specific periods of lost work.

Schedule Loss of UseReimbursementAdvanced Wage PaymentsDisability BenefitsEmployer RightsAppellate ReviewWorkers’ Compensation BoardStatutory InterpretationPermanent Partial DisabilityTimely Claim
References
10
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