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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 LaClaire v. Birds Eye Foods, Inc.

Claimant sustained work-related injuries to her left and right knees in 2007. The Workers' Compensation Board subsequently determined that her condition warranted a marked permanent partial disability classification, entitling her to continuing disability benefits rather than a schedule loss of use award. The employer and its workers' compensation carrier appealed this determination. The court affirmed the Board's decision, finding substantial evidence, including the claimant's orthopedic surgeon's testimony regarding crepitus, swelling, and severe pain, supported the marked permanent partial disability classification. Furthermore, the court concluded that the Board did not abuse its discretion in requiring additional proof concerning any overpayments made to the claimant.

Workers' CompensationPermanent Partial DisabilitySchedule Loss of UseKnee InjuriesAppellate ReviewSubstantial EvidenceMedical OpinionCredibility AssessmentOverpaymentsDisability Benefits
References
6
Case No. ADJ9443336 ADJ9779744
Regular
Nov 25, 2019

JAMES KWASIGROCH vs. SUBSEQUENT INJURIES BENEFIT TRUST FUND OF CALIFORNIA

This case concerns the calculation of combined permanent disability for Subsequent Injuries Benefit Trust Fund (SIBTF) benefits. The applicant, James Kwasigroch, received awards for a prior disability of 63% and a subsequent disability of 74%. The central dispute was whether to add these percentages directly or use a Combined Values Chart (CVC) as the trial judge did. The Appeals Board reversed the trial judge's decision, holding that non-overlapping prior and subsequent disabilities should be added based on the precedent set in *Bookout v. Workers' Comp. Appeals Bd.* This resulted in a finding of 100% combined permanent disability and an adjustment to attorney's fees.

Subsequent Injuries Benefit Trust FundCombined Values ChartBookout v. Workers' Comp. Appeals Bd.Permanent Disability RatingApportionmentMultiple Disabilities TablesPyramidingOverlapNon-overlapping disabilitiesLabor Code section 4751
References
9
Case No. MISSING
Regular Panel Decision
Sep 08, 1983

Claim of McNeil v. Geary

The claimant, a groom, injured her left knee in 1979 and was initially found temporarily totally disabled. The Workers' Compensation Board later reclassified her injury as a 15% permanent partial disability of the left leg, dating from the time of injury, and increased her benefits based on wage expectancy due to her being under 25. The employer appealed, arguing that wage expectancy benefits should not apply to the period of temporary total disability and that the record didn't substantiate a permanent partial disability ab initio. The court affirmed the Board's decision, stating that reclassification is a factual determination within the Board's sole province and was based on substantial evidence, and that the Board has continuing jurisdictional power to modify findings.

Permanent Partial DisabilityWage ExpectancyWorkers' Compensation LawInjury ReclassificationBoard JurisdictionSubstantial EvidenceLeft Knee InjuryGroomRiding AcademyTemporary Total Disability
References
4
Case No. MISSING
Regular Panel Decision

Bullard v. St. Mary's Hospital

Claimant, a secretary at St. Mary's Hospital, developed rheumatoid arthritis, resulting in a permanent partial disability. The Workers' Compensation Board ruled it an occupational disease and awarded compensation. Liability was apportioned among three employers: Rochester Savings Bank, Woodward Health Center, and St. Mary's Hospital. The Special Disability Fund (SDF) was deemed liable for benefits after the initial 104-week disability period. SDF appealed, contending its reimbursement should be limited to St. Mary's Hospital's one-third share. The court affirmed the Board's decision, holding that Workers' Compensation Law § 44 makes the last employer (St. Mary's) responsible for total compensation, and Workers' Compensation Law § 15 (8) (d) requires SDF to fully reimburse the employer's carrier, Sedgwick James, for benefits paid after 104 weeks.

Occupational DiseaseRheumatoid ArthritisPermanent Partial DisabilityApportionmentSpecial Disability FundReimbursementWorkers' Compensation LawLast Employer LiabilityInsurance CarrierWorkers' Compensation Board
References
0
Case No. MISSING
Regular Panel Decision

Claim of Lloyd v. New Era Cap Co.

The claimant, a sewing machine operator, suffered a permanent low back injury in a 2003 workplace fall, leading to an award of workers' compensation benefits. The self-insured employer sought reimbursement from the Special Disability Fund, arguing for apportionment of the disability with a preexisting 1975 gunshot wound. However, the Workers’ Compensation Law Judge and the Board denied this request, finding the claimant to have a permanent total disability solely due to the 2003 accident, thus precluding reimbursement under Workers’ Compensation Law § 15 (8) (d). The appellate court affirmed the Board's decision, emphasizing the Board's authority to reclassify disabilities and its non-binding nature of party stipulations that are not properly approved. The court found substantial evidence supported the Board's determination that the 2003 accident alone caused the permanent total disability.

Workers' CompensationSpecial Disability FundReimbursementPermanent Total DisabilityPreexisting ImpairmentApportionmentMedical EvidenceBoard AuthorityStipulationAppellate Review
References
17
Case No. MISSING
Regular Panel Decision

Weldon v. DiNapoli

Petitioner, a State Police investigator, sought disability retirement benefits due to a left shoulder injury sustained in 2003 and 2008, claiming permanent incapacitation. The application was initially denied, and this denial was upheld after a hearing, concluding that the petitioner failed to establish permanent incapacity. The respondent affirmed this determination, leading to a CPLR article 78 proceeding. The court confirmed the determination, citing the lack of permanency findings in the petitioner's medical records and expert opinions from a neurologist and orthopedic surgeon who found no permanent disability. The orthopedic surgeon suggested the condition, diagnosed as chronic regional pain syndrome, was a temporary total disability that could improve with aggressive physical therapy. Consequently, the respondent's determination was supported by substantial evidence, and the petition was dismissed.

State PoliceDisability Retirement BenefitsPermanent IncapacityShoulder InjuryMedical RecordsNeurologist OpinionOrthopedic Surgeon OpinionChronic Regional Pain SyndromeTemporary Total DisabilityCPLR Article 78
References
5
Case No. MISSING
Regular Panel Decision

Rossiello v. Regan

Petitioner, a supervisor for the Town of Hempstead Parks Department, was injured in August 1990 and subsequently applied for accidental disability retirement benefits. The application was denied by the New York State and Local Employees’ Retirement System and later confirmed by the Comptroller, who found petitioner was not permanently incapacitated despite receiving workers' compensation benefits. Medical experts presented conflicting opinions on the permanency of petitioner's disability, with the Comptroller crediting the Retirement System's expert. The court upheld the Comptroller's determination, finding it supported by substantial evidence. The court also dismissed claims of prejudice and bias against the Hearing Officer, though it decried the officer's 'callous treatment' of the petitioner.

Accidental Disability RetirementPermanent IncapacityWorkers' CompensationMedical Opinion ConflictComptroller DeterminationSubstantial EvidenceJudicial ReviewHearing Officer BiasPublic EmployeesNew York State and Local Employees’ Retirement System
References
4
Case No. MISSING
Regular Panel Decision

Matter of Williams v. Preferred Meal Systems

Claimant, a driver, suffered injuries to his right knee and back in 2009 while making a delivery, leading to an established workers' compensation claim. The claim was later amended to include consequential adjustment disorder, and the Workers' Compensation Board ultimately found that claimant had sustained a permanent total disability from May 2012 onward. The employer, workers’ compensation carrier, and policy administrator appealed this decision, arguing that further proof was needed regarding claimant's vocational and functional capacity. The court affirmed the Board's decision, holding that extensive evidence of vocational and functional capacity is not required when medical proof demonstrates a permanent total disability and inability to engage in any gainful employment, as benefits continue for life in such cases. The court found substantial evidence in the opinions of treating and independent medical examination orthopedists to support the finding of permanent total disability.

Workers' CompensationPermanent Total DisabilityWage-Earning CapacityMedical ProofVocational CapacityFunctional CapacityAppellate ReviewNew York LawDisability BenefitsClaimant Rights
References
4
Case No. ADJ9180338
Regular
Mar 08, 2016

MISAEL BELTRAN vs. BRAND SCAFFOLD SERVICES, INC., ZURICH NORTH AMERICA INSURANCE COMPANY

This Workers' Compensation Appeals Board case involved a carpenter seeking benefits for industrial injury to his skin and back. The applicant was initially awarded 22% permanent disability and temporary total disability benefits from October 2013 to May 2015. The defendant sought reconsideration, arguing the award should have been apportioned 10% to non-industrial causes and that temporary disability was improperly extended. The Board granted reconsideration, amended the permanent disability award to 20% to reflect the stipulated 10% non-industrial apportionment, and affirmed the temporary disability findings, deeming them supported by substantial evidence.

Petition for ReconsiderationFindings and AwardIndustrial InjurySkin InjuryBack InjuryPermanent DisabilityApportionmentNon-industrial CausationTemporary Total DisabilityQualified Medical Evaluator
References
0
Case No. MISSING
Regular Panel Decision

Jones v. McCall

Petitioner, a food service worker, applied for ordinary disability retirement benefits, claiming permanent incapacitation due to a stroke. The respondent denied the application, finding insufficient evidence that petitioner was permanently incapacitated from her duties. During the subsequent CPLR article 78 proceeding, a neurologist for the State and Local Employees’ Retirement System testified that neither their examination nor review of medical records showed significant objective neurological dysfunction that was permanent or disabling. The court confirmed the respondent's determination, ruling it was supported by substantial evidence and that the respondent had the authority to credit one medical expert's opinion over conflicting views from treating physicians. The petition challenging the determination was dismissed.

Ordinary disability retirement benefitsCPLR Article 78Stroke incapacitationMedical expert testimonyConflicting medical opinionsSubstantial evidence reviewAdministrative determinationJudicial reviewPermanent incapacitationRetirement System benefits
References
1
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