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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
Jun 14, 2005

Claim of Horton v. Salt

Claimant appealed a Workers' Compensation Board decision that reduced penalties against the employer and its carrier for late benefit payments. The Workers' Compensation Law Judge initially assessed a penalty of 20% of the late payments plus six $300 assessments. The Board agreed on late payments but reduced the penalty to only one $300 assessment, interpreting Workers’ Compensation Law § 25 (1) (e) as allowing a single $300 assessment per "instance" of application. The Court found the Board's interpretation not irrational but noted its inconsistency with prior Board decisions on similar facts without providing an explanation. Consequently, the Court reversed the Board's decision and remitted the matter for further proceedings.

Workers' CompensationLate Payment PenaltiesStatutory InterpretationAdministrative LawAgency PrecedentArbitrary and CapriciousJudicial ReviewRemandWorkers' Compensation BoardEmployer Obligations
References
6
Case No. MISSING
Regular Panel Decision

Claim of Cedeno v. Pacoa

The Workers' Compensation Board assessed a $500 monetary penalty against claimant's counsel for an unsubstantiated request to change the hearing venue from Queens/Nassau to White Plains, Westchester County. The Workers’ Compensation Law Judge initially assessed $250. The appellate court affirmed the Board's decision, finding ample support for the assessment under Workers’ Compensation Law § 114-a (3) (ii). The court ruled that the Board had authority to increase the penalty and overlooked a procedural defect regarding who filed the appeal, treating it as filed by counsel.

Workers' CompensationVenue ChangeCounsel FeesMonetary PenaltyAppellate ReviewBoard DecisionProcedural MotionUnpreserved ArgumentSubstantial EvidenceJudicial Authority
References
5
Case No. MISSING
Regular Panel Decision

Vallecillo v. New York City Department of Corrections

Claimant's counsel, Gerarda M. Rella, appealed a Workers' Compensation Board decision that imposed two $500 penalties. The initial penalty stemmed from a venue request filed without reasonable grounds, seeking a hearing in White Plains despite the claimant residing in Brooklyn and working in Queens, for attorney convenience. The Board affirmed the Workers' Compensation Law Judge's denial of the venue change and the initial penalty. An additional $500 penalty was assessed for a frivolous appeal to the Board. The Appellate Division affirmed the Board's decision, concluding that Rella's venue request lacked justification and that the Board appropriately exercised its discretion in imposing both penalties, especially given Rella's prior awareness of venue rules in similar matters.

Workers' Compensation LawAttorney MisconductFrivolous AppealVenue RequestMonetary PenaltyAppellate ReviewJudicial DiscretionProcedural MotionNew York LawAdministrative Law
References
8
Case No. MISSING
Regular Panel Decision

Clark v. New York City Department of Human Resources Administration

Claimant received workers' compensation benefits for work-related injuries and settled a third-party action for $725,000. The employer and carrier consented, expecting satisfaction of their lien and a future credit. Claimant sought reimbursement for legal expenses, but a Workers' Compensation Law Judge (WCLJ) declined an award without a closing statement. The Workers’ Compensation Board upheld this decision and assessed a $500 penalty against claimant’s counsel for pursuing proceedings without reasonable grounds. The appellate court affirmed the Board’s decision, finding substantial evidence supported the counsel fee assessment because the application for Board review was unnecessary given the requirement for a signed closing statement.

Workers' Compensation LawMonetary PenaltyCounsel FeesThird-Party SettlementCarrier's CreditLien SatisfactionLegal Expenses ReimbursementClosing Statement RequirementBoard ReviewAppellate Affirmation
References
6
Case No. MISSING
Regular Panel Decision

Banton v. New York City Department of Corrections

Claimant's counsel filed a claim for workers' compensation benefits after the claimant was injured. Counsel sought a change of venue, citing a purported "Board Rule 10.01 (1) (c)" which the Workers’ Compensation Board found to be non-existent. The Workers’ Compensation Law Judge denied the request and assessed penalties against counsel under Workers’ Compensation Law § 114-a (3) (i) and (ii). On administrative appeal, the Board rescinded the penalty under § 114-a (3) (i) but increased the penalty under § 114-a (3) (ii) due to the appeal lacking reasonable basis. The court affirmed the Board's decision, noting that counsel had been previously warned about citing the inaccurate "Board Rule" and that clarification on venue application rules was available before the administrative appeal was filed.

Attorney MisconductVenue ChangeMonetary PenaltyWorkers' Compensation BoardAdministrative AppealSubstantial EvidenceLegal TreatiseProcedural MotionUnreasonable GroundsAppellate Review
References
5
Case No. 525867
Regular Panel Decision
May 17, 2018

Matter of Murtha v. Verizon N.Y. Inc.

Claimant Bryon J. Murtha sustained injuries while working for Verizon New York Inc. and filed for workers' compensation benefits. A WCLJ established the claim and later denied authorization for surgery, assessing a penalty against claimant's counsel, Grey and Grey, LLP, for dilatory tactics. The Workers' Compensation Board upheld the denial of surgery but found the WCLJ improperly assessed the penalty under Workers' Compensation Law § 25 (3) (c), instead assessing it under Workers' Compensation Law § 114-a (3) (i) for the firm's alleged failure to ensure physicians' availability for depositions. The Appellate Division, Third Department, reversed the Board's assessment of a penalty against Grey and Grey, LLP, finding that Workers' Compensation Law § 114-a (3) (i) does not authorize penalties against counsel, and even if it did, substantial evidence did not support the claim that the firm was responsible for the physicians' non-compliance with subpoenas, as enforcement was the carrier's responsibility.

Workers' Compensation BenefitsMonetary Penalty AssessmentDilatory TacticsAttorney MisconductStatutory AuthorizationAppellate ReviewMedical DepositionsSubpoena EnforcementCarrier ResponsibilityClaimant Counsel
References
5
Case No. MISSING
Regular Panel Decision

Department of Housing Preservation & Development v. Deka Realty Corp.

This appellate opinion addresses the proper assessment of contempt sanctions and civil penalties against Deka Realty Corp. for numerous housing code violations. The court clarifies that civil contempt fines must compensate aggrieved tenants for actual damages, not be based on a multiplication of statutory maximums per violation, and remits for a damages hearing. Criminal contempt fines, intended to vindicate court authority, were reduced to $1,000 per contemnor. The court also held that while serious monetary sanctions can trigger a constitutional right to a jury trial, Deka Realty Corp. waived this right by failing to make a timely demand. Civil penalties against Deka were also reduced.

Contempt sanctionsCivil penaltiesHousing code violationsJury trial rightJudiciary LawCivil contempt finesCriminal contempt finesConsent decreeLandlord-tenant disputeDue process
References
56
Case No. MISSING
Regular Panel Decision

Claim of Difilippo v. Edison

A claimant, residing in New York City and injured in the Bronx, sought to change the venue of his workers' compensation hearings from Manhattan to White Plains, Westchester County, citing convenience. The Workers’ Compensation Law Judge and subsequently the Workers’ Compensation Board denied this request, finding that the claimant failed to provide sufficient justification or evidence for the change, as required by Board rules. Additionally, the Board assessed a $250 penalty against the claimant's attorney for seeking review without reasonable grounds under Workers’ Compensation Law § 114-a (3) (ii). The appellate court affirmed the Board's decision in its entirety, upholding both the denial of the venue change and the imposition of the attorney penalty.

Workers' Compensation LawVenue ChangeAttorney SanctionAppellate ReviewAdministrative DecisionBurden of ProofProcedural RulesSufficiency of EvidenceNew York Labor LawJudicial Authority
References
2
Case No. MISSING
Regular Panel Decision

Claim of Maiorano v. Plumbing

Claimant applied for workers' compensation benefits after being injured as a plumber in New York City. Despite residing in Brooklyn, the claimant sought to have hearings in White Plains, Westchester County, for convenience. A Workers’ Compensation Law Judge denied this request, and the Workers’ Compensation Board affirmed, additionally assessing $500 in costs against the claimant’s counsel under Workers’ Compensation Law § 114-a (3) (ii). The appellate court affirmed the Board's decision, stating that the Board Chair has authority over hearing locations and the claimant failed to provide a reasonable basis for the change of venue. The court also upheld the penalty assessment, finding substantial evidence for the Board's determination that the request lacked a reasonable basis.

Workers' Compensation LawVenue ChangeAppellate ReviewProcedural DenialCost AssessmentJudicial AuthorityAdministrative DiscretionClaimant RightsBoard DecisionAffirmation
References
3
Case No. MISSING
Regular Panel Decision
Mar 12, 1998

In re Mamash Restaurant Corp.

Mamash Restaurant Corporation appealed a decision by the Unemployment Insurance Appeal Board that assessed additional unemployment insurance contributions and a fraud penalty for the audit period of January 1993 through December 1995. The Board's assessment was based on findings that Mamash underreported its employees and failed to produce accurate records. Mamash contended that the Board improperly estimated the number of employees due to physical capacity limitations of its premises. The court affirmed the Board's decision, finding that the Board was justified in its estimated assessment given Mamash's failure to produce records and evidence from a tax auditor's survey. The fraud penalty was also upheld as warranted under the circumstances.

Unemployment InsuranceUnderreporting EmployeesFraud PenaltyEstimated AssessmentEmployee RecordsAudit PeriodAdministrative AppealAppellate DivisionNew York Labor LawEmployer Liability
References
2
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