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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

Claim of Keselman v. New York City Transit Authority

Claimant, injured in 1986, initially established a right shoulder injury. The Workers’ Compensation Board affirmed this but denied a causally related neck injury in 1996. After another application in 1998 alleging a worsened neck condition, the Workers’ Compensation Law Judge found a causally related neck injury and permanent partial disability, awarding benefits from February 5, 1998, which the Board affirmed. Separately, the Board also ruled the employer was entitled to credit schedule payments against disability payments made after February 5, 1998. The court affirmed both decisions, finding substantial evidence supported the deterioration of the neck injury post-1996 and that schedule awards are independent of actual disability periods, thus allowing the employer's credit.

Workers' CompensationPermanent Partial DisabilitySchedule AwardDisability PaymentsNeck InjuryRight Shoulder InjuryCausally Related InjuryReopening CaseMedical EvidenceMRI
References
7
Case No. MISSING
Regular Panel Decision

Clayton B. Obersheimer, Inc. v. Travelers Casualty & Surety Co. of America

Plaintiff, a subcontractor for Massa Construction, Inc., initiated an action against defendant surety to secure payment on a labor and materials bond after Massa ceased payments due to alleged breaches by plaintiff. Defendant denied plaintiff's claim, asserting plaintiff materially breached its subcontract by failing to make pension contributions, provide releases, and obtain a separate payment bond. The Supreme Court granted plaintiff partial summary judgment on liability, which defendant appealed. The Appellate Division affirmed, finding plaintiff presented sufficient evidence of compliance and defendant failed to raise a triable issue of fact regarding a material breach. The court noted that alleged non-payments to suppliers only affected the subcontract price, not Massa's obligation to continue performance, and found no requirement for plaintiff to pay pension contributions to the Iron Workers District Council or obtain a separate payment bond from glaziers unions.

SubcontractorSurety BondPublic Improvement ProjectLabor and Materials BondPartial Summary JudgmentAppellate ReviewBreach of ContractPension ContributionsPayment ObligationsGlaziers Unions
References
17
Case No. MISSING
Regular Panel Decision

Claim of Hart v. Pageprint/Dekalb

The case involves an appeal from a Workers' Compensation Board decision that imposed a late payment penalty on an employer's carrier. The claimant, suffering from permanent partial disability due to bilateral carpal tunnel syndrome, entered into a waiver agreement with the carrier for $35,200. Although the Board approved the agreement without a hearing, the carrier paid the claimant 20 days after approval, exceeding the 10-day limit, leading to a $7,040 penalty. The appellate court found the streamlined procedures used for approval invalid because they conflicted with 12 NYCRR 300.36, meaning the agreement was never properly approved and thus the 10-day limitations period for payment never commenced. Consequently, the penalty imposition was reversed, and the matter was remitted to the Board for a proper hearing on the agreement.

Workers' Compensation Law § 32Late Payment PenaltyWaiver AgreementBoard ApprovalStreamlined ProceduresAdministrative LawJudicial ReviewRemandWorkers' Compensation BoardOccupational Disease
References
5
Case No. 2018 NY Slip Op 05652 [164 AD3d 1000]
Regular Panel Decision
Aug 02, 2018

Matter of Robinson v. Workmen's Circle Home

Barbara Robinson, a certified nurse's assistant, filed a claim for workers' compensation benefits for a work-related right shoulder injury in 2011. She received temporary disability payments totaling $133,807.48. In 2016, a Workers' Compensation Law Judge (WCLJ) awarded her a 42.50% schedule loss of use (SLU) to her right arm, amounting to $102,494.50, less prior payments. Robinson appealed the WCLJ's decision, arguing that the employer's carrier should not be credited for temporary partial disability payments against the SLU award. The Workers' Compensation Board disagreed, ruling that the carrier could credit all prior disability payments. The Appellate Division, Third Department, affirmed the Board's decision, finding no basis to differentiate between temporary total and temporary partial disability payments for credit purposes, thereby preventing an unjustifiable double recovery for the claimant.

Workers' CompensationSchedule Loss of UseTemporary Disability PaymentsCreditDouble RecoveryAppellate DivisionWork-Related InjuryRight Shoulder InjuryCarrier ReimbursementLegal Precedent
References
7
Case No. MISSING
Regular Panel Decision

Dietrick v. Kemper Insurance

This declaratory judgment action addresses whether a workers' compensation carrier has a valid lien on third-party settlement proceeds for payments made for permanent partial disability and serious facial disfigurement. The plaintiff, injured in an automobile accident during employment, received workers' compensation benefits and settled a third-party claim. The defendant carrier asserted a lien on the settlement, which the plaintiff contested, arguing these payments constituted first-party benefits upon which no lien could exist. The Special Term ruled in favor of the plaintiff. However, the Appellate Division reversed, holding that payments for permanent partial disability and serious facial disfigurement are not first-party benefits under the No-Fault Insurance Law, and therefore, the carrier has a valid lien.

Workers' Compensation LawDeclaratory JudgmentInsurance LienThird-Party ActionNo-Fault Insurance LawFirst-Party BenefitsPermanent Partial DisabilitySchedule Loss AwardsSerious Facial DisfigurementBasic Economic Loss
References
4
Case No. 2025 NYSlipOp 01801 [236 AD3d 1020]
Regular Panel Decision
Mar 26, 2025

Matter of Borgia v. SCO Family of Servs.

The case involves a dispute between the Roman Catholic Diocese of Brooklyn Workers' Compensation Trust (Trust) and SCO Family of Services (SCO) over an unpaid assessment. SCO, a former member of the Trust, was assessed $3.45 million for the Trust's deficit. After making partial payments, SCO sought to verify the assessment, leading the Trustees to initiate a proceeding to enforce an alternative dispute resolution provision. The Supreme Court dismissed the proceeding based on the statute of limitations. The Appellate Division reversed, finding a question of fact as to whether SCO's 2014 partial payment renewed the statute of limitations and whether an installment payment plan was agreed upon. The court also rejected SCO's public policy argument against the dispute resolution provision, remitting the matter for further proceedings.

Alternative Dispute ResolutionContract EnforcementStatute of LimitationsPartial PaymentWorkers' Compensation TrustGroup Self-InsuranceAppellate ReviewQuestion of FactInstallment PaymentsPublic Policy
References
16
Case No. MISSING
Regular Panel Decision

Employers' Mutual Liability Insurance v. McLellan

This motion, brought by a plaintiff insurance carrier and Flying Tigers, Inc., sought to stay payment to defendant John Johnstone. The payment was awarded by Deputy Commissioner McLellan under the Longshoremen’s and Harbor Workers’ Compensation Act for the death of James M. Johnstone. Plaintiffs argued that the Deputy Commissioner's findings on dependency and jurisdiction were erroneous and that they would suffer irreparable harm without a stay due to no provision for repayment under the Act. However, the court found the application inadequate, citing insufficient facts, rebutted dependency claims, and legally insufficient assertions of irreparable injury. Consequently, the motion for a stay of payment was denied.

Longshoremen's and Harbor Workers' Compensation ActWorkers' CompensationStay of PaymentPreliminary InjunctionIrreparable HarmDependencyJurisdictionCompensation AwardPenalty for Non-PaymentInsurance Carrier
References
8
Case No. MISSING
Regular Panel Decision

Nigro v. Dwyer

This case involves plaintiffs (various pension-type funds, including IBEW Local 363 Pension Fund) suing William A. Dwyer, President of On-Line Electric, Inc., personally for unpaid contributions. On-Line Electric, Inc. was dissolved in 1998 for unpaid franchise taxes, but Dwyer signed a Letter of Assent in 2000, binding On-Line to collective bargaining agreements requiring contributions to the Funds. Dwyer made payments until 2001 but ceased thereafter, despite continuing electrical work. On-Line was reinstated in good standing on March 3, 2005, shortly before the complaint was filed. Plaintiffs argue Dwyer is personally liable because the contracts were entered into while the corporation was dissolved. The court reviews New York Tax Law § 203-a (7) regarding retroactive corporate liability upon reinstatement, noting the 'fraud exception' recognized by the Second Circuit. The court denies the plaintiffs' motion for partial summary judgment, finding that although the facts suggest possible fraud, they do not compel such a conclusion, thus necessitating a trial on the issue of fraud.

Corporate DissolutionPersonal LiabilityFranchise TaxCollective Bargaining AgreementPension ContributionsSummary Judgment MotionFraud ExceptionRetroactive ReinstatementNew York Tax LawAlter Ego Liability
References
19
Case No. MISSING
Regular Panel Decision

Williams v. Glass

The petitioner, a paternal grandmother, sought foster care payments for three children who had been in her custody since July 30, 1988, following their placement by the Department of Social Services (DSS). DSS initially provided payments until July 29, 1988, but subsequently denied further funding, asserting that the foster care placement had automatically terminated. The court, in reviewing the Commissioner's determination, held that under the Interstate Compact on the Placement of Children (Social Services Law § 374-a), DSS, as the sending agency, retained jurisdiction and financial responsibility for the children. The court found that the voluntary 'discharge' of the children to the grandmother was an insufficient basis to terminate DSS's ongoing supervisory and financial responsibilities. Consequently, the Commissioner's determination denying foster care payments was annulled, and the petition seeking such payments was granted.

Foster careInterstate CompactSocial Services LawCPLR article 78Judicial reviewAnnulmentChild custodyFinancial responsibilityAgency responsibilityNew York law
References
4
Case No. MISSING
Regular Panel Decision

Claim of Joslin v. City of Albany Fire Department

The claimant appealed a Workers’ Compensation Board decision regarding the method of payment for his hearing loss benefits, specifically challenging the biweekly installment plan. The claimant argued that Workers’ Compensation Law § 49-bb, which governs occupational loss of hearing claims, mandated a different payment method. The court rejected this contention, asserting that Workers’ Compensation Law § 15 (3) (m), which covers schedule awards for hearing losses generally, and § 49-cc, which directs occupational loss of hearing compensation to align with § 15 (3), govern the payment. Consequently, the court affirmed that the claimant was entitled to biweekly scheduled payments, consistent with other schedule loss awards.

Hearing lossWorkers' CompensationOccupational diseaseSchedule awardBiweekly paymentsStatutory interpretationAppealCompensation benefitsWorkers' Compensation Board
References
2
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