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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

Bennett v. Roman Catholic Diocese of Rockville Centre

In this workers' compensation case, the claimant appealed a decision from the Workers’ Compensation Board. The Board ruled that the claimant's cervical spine injury claim was barred by Workers’ Compensation Law § 28 because it was filed more than two years after the 2010 work-related accident, which initially caused back and leg injuries. Although the claimant argued that a carrier's payment for a 2010 CT scan constituted an advance payment of compensation, the court disagreed, noting the CT scan did not reveal neck abnormalities at the time and subsequent treatment focused on other injuries. The Appellate Division affirmed the Board's decision, concluding that substantial evidence supported the finding that the neck injury claim was untimely.

Workers' CompensationStatute of LimitationsTimeliness of ClaimNeck InjuryBack InjuryAdvance Payment of CompensationIndependent Medical ExaminationAppellate DivisionNew YorkWorkers' Compensation Board Appeal
References
5
Case No. MISSING
Regular Panel Decision

Claim of Neal v. Blue Circle Cement

The claimant, a laborer, suffered a compensable back injury in November 1998 and returned to work after eight months. In January 2002, he sustained another back injury. A Workers’ Compensation Law Judge determined that the January 2002 injury was an aggravation of the prior 1998 injury, assigned disability levels from January 2002 to April 2003, and found no compensable lost time thereafter. The Workers’ Compensation Board affirmed this decision. The Appellate Division found substantial evidence, including medical testimony and MRI comparisons, to support the Board’s determination regarding the aggravation of the injury and the disability levels. The court also upheld the Board's prerogative to resolve conflicting medical evidence and make credibility determinations, particularly in light of evidence that the claimant exaggerated his symptoms.

Workers' CompensationBack InjuryAggravation of InjuryDisability LevelsMedical EvidenceCredibility AssessmentEmployer LiabilityJudicial ReviewAppellate DivisionAdministrative Law
References
4
Case No. 534955
Regular Panel Decision
Feb 16, 2023

In the Matter of the Claim of Victor Martinez

Victor Martinez, a construction worker, was injured on November 11, 2020, when his right hand was caught between a cantilever pin and a concrete post. He filed a claim for workers' compensation benefits, including injuries to his neck and back, in addition to his right upper extremity. A Workers' Compensation Law Judge (WCLJ) initially established the claim only for injuries to his right forearm and wrist, disallowing the neck and back claims. However, the Workers' Compensation Board modified this determination, amending the claim to include the neck and back injuries. The employer and its workers' compensation carrier appealed the Board's decision, arguing against the causal relationship of the neck and back injuries. The Supreme Court, Appellate Division, Third Judicial Department, affirmed the Board's decision, finding it supported by substantial evidence and deferring to the Board's assessment of medical witness credibility and its factual findings.

Construction InjuryWorkers' Compensation BenefitsCausality DeterminationNeck and Back InjuriesSubstantial EvidenceMedical Opinion CredibilityAppellate ReviewWork AccidentBoard Decision AffirmationOrthopedist Testimony
References
8
Case No. MISSING
Regular Panel Decision

Claim of Sale v. Helmsley-Spear, Inc.

Claimant, an electrician, sought workers' compensation benefits for neck, back, and right shoulder injuries allegedly sustained during employment. Despite an initial ruling favoring some claims, a Workers' Compensation Board panel later required additional medical evidence for the neck injury. The claimant failed to provide the necessary proof, leading to the disallowance of claims for neck and back injuries. The Board affirmed this decision and denied reconsideration. The appellate court upheld the Board's findings, emphasizing the claimant's unmet burden to establish a causal relationship between the injuries to his neck and back and his employment through competent medical evidence.

Workers' Compensation BenefitsCausal RelationshipMedical EvidenceNeck InjuryBack InjuryShoulder InjuryAppellate ReviewBurden of ProofReconsideration DeniedBoard Decision Affirmed
References
2
Case No. WCB No. G076 2707
Regular Panel Decision
Dec 09, 2021

Matter of Duncan v. John Wiley & Sons, Inc.

This Board Panel Decision concerns an appeal by the applicant, Joseph Lafayette, regarding a Workers' Compensation Law Judge's (WCLJ) finding on the causal relationship of his back injury. The applicant sustained injuries to his back, neck, and shoulder during his employment. The WCLJ had previously established a causal relationship for the neck and shoulder injuries but disallowed the claim for the back injury. Upon review, the Board Panel determined that the medical evidence in the record supports a causal relationship between the claimant's employment and his lower back injury. As a result, the Panel modified the WCLJ's decision to establish a causal relationship for the back injury, while affirming the other aspects of the original decision.

Workers' CompensationBack InjuryNeck InjuryShoulder InjuryCausal RelationshipMedical EvidencePanel ReviewWCLJ DecisionModificationAppeal
References
2
Case No. 2023 NY Slip Op 00905 [213 AD3d 1109]
Regular Panel Decision
Feb 16, 2023

Matter of Martinez v. RNC Indus., LLC

Claimant Victor Martinez, a construction worker, was injured on November 11, 2020, while working, sustaining injuries to his right hand. He initially sought workers' compensation benefits for various injuries, including his neck and back, but a Workers' Compensation Law Judge (WCLJ) disallowed the neck and back claims. The Workers' Compensation Board subsequently modified this determination, amending the claim to include these injuries. The employer and its workers' compensation carrier appealed the Board's decision. The Appellate Division, Third Department, affirmed the Board's decision, finding substantial evidence in the record, including the claimant's testimony and his treating orthopedist's medical opinion, to support a causal relationship between the accident and the neck and back injuries. The court deferred to the Board's credibility assessments regarding medical opinions and factual findings.

Workers' CompensationConstruction InjuryCausal RelationshipNeck InjuryBack InjuryAppellate ReviewBoard DecisionSubstantial EvidenceMedical EvidenceCredibility Assessment
References
8
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 Pawlak v. Ford Motor Co.

An assembly line worker, whose initial claim for a back injury in April 2000 was established, sought additional workers' compensation benefits for bilateral carpal tunnel syndrome and a neck injury, and reimbursement for back surgery performed in December 2000. The Workers' Compensation Board disallowed the additional claims, denied reimbursement for the surgery due to lack of authorization, and adjusted her compensation for the established back injury to reflect a moderate disability. On appeal, the court affirmed the Board's decision, finding the carpal tunnel claim untimely under Workers' Compensation Law § 28 and the neck injury claim improperly noticed under Workers' Compensation Law § 18, also lacking causal relation evidence. The court further agreed that proper authorization was not obtained for the back surgery as required by Workers' Compensation Law § 13-a (5) and 12 NYCRR 325-1.4. The appellate court concluded that substantial evidence supported the Board's decision in its entirety.

Workers' Compensation Law § 28Workers' Compensation Law § 18Workers' Compensation Law § 13-aBilateral Carpal Tunnel SyndromeBack InjuryNeck Injury ClaimUntimely ClaimLack of AuthorizationDisability RatingAppellate Division
References
4
Case No. 2020 NY Slip Op 01427 [180 AD3d 1305]
Regular Panel Decision
Feb 27, 2020

Matter of Fernandez v. New York Univ. Benefits

Claimant, a security officer, sustained work-related injuries to his back, neck, and shoulders. A Workers' Compensation Law Judge (WCLJ) initially awarded him a lump-sum for schedule loss of use (SLU) of both arms. However, the Workers' Compensation Board rescinded this decision, deeming the SLU award premature due to the lack of development of the medical record regarding permanency for the nonschedule neck and back injuries. Claimant appealed this Board decision. The Appellate Division, Third Department, acknowledged the Board's error in not adhering to prior case law (*Matter of Taher v Yiota Taxi, Inc.*), which permits an SLU award even if a claimant has nonschedule permanent partial disability and returns to work at preinjury wages without a nonschedule award. Nevertheless, the court found that the Board did not err in denying the SLU award *presently* due to the absence of a permanency finding for the neck and back injuries. The court modified the Board's decision by reversing its stance on the simultaneous entitlement to SLU and nonschedule permanent partial disability classification without an award and remitted the matter to the Board for further proceedings consistent with the Court's decision.

Workers' CompensationSchedule Loss of UsePermanent Partial DisabilityMedical ImpairmentWage-Earning CapacityAppellate ReviewBoard DecisionRemittalPrior Case Law
References
5
Case No. ADJ488924 (SDO 0329999), ADJ226519 (SDO 0302236), ADJ2353553 (SDO 0250184), ADJ4021935 (SDO 0269434)
Regular
Dec 10, 2020

Craig Stevens vs. Subsequent Injuries Benefits Trust Fund

The Workers' Compensation Appeals Board (WCAB) rescinded a previous order denying benefits from the Subsequent Injuries Benefits Trust Fund (SIBTF). Applicant Craig Stevens sought SIBTF benefits for a claimed subsequent cumulative trauma injury to his neck ending April 2, 2009, with a compensable consequence injury to his right shoulder and low back. The WCAB found the medical evidence regarding the causation, date of injury, and permanent disability ratings for the alleged subsequent injuries, as well as prior injuries, to be insufficient and inconsistent. The case was returned to the trial level for further development of the record, including obtaining new medical opinions to clarify the various injuries and establish SIBTF eligibility thresholds.

Subsequent Injuries Benefits Trust FundSIBTF eligibilitycumulative trauma injurycompensable consequence injurypermanent disabilityapportionmentmedical evidencecausationfurther development of the recordLabor Code section 4751
References
9
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