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

Case No. Nos. 56 & 58
Regular Panel Decision
May 21, 2020

Matter of Seawright v. Board of Elections / Matter of Hawatmeh v. State Board of Elections

The New York Court of Appeals addressed two consolidated cases, *Matter of Seawright* and *Matter of Hawatmeh*, to resolve a departmental split regarding the interpretation of Election Law filing deadlines during the COVID-19 pandemic. In *Seawright*, the Appellate Division, First Department, had excused a candidate's belated filing of a cover sheet and certificate of acceptance due to COVID-19 related illness and quarantine, deeming it not a fatal defect. Conversely, in *Hawatmeh*, the Appellate Division, Third Department, found a candidate's late filing of a certificate of acceptance to be a fatal defect despite pandemic circumstances. The Court of Appeals reversed the *Seawright* decision and affirmed the *Hawatmeh* decision, holding that Election Law § 1-106 (2) mandates strict compliance with filing deadlines. The Court concluded that the failure to timely file constitutes a fatal defect that courts cannot excuse, even under unique or extenuating circumstances like the COVID-19 pandemic, emphasizing that it is the legislature's role to fashion exceptions to the law. Dissenting judges argued for a more flexible interpretation based on legislative intent behind pandemic-related laws and prior Election Law reforms, allowing for substantial compliance during the unprecedented health crisis.

Election LawCOVID-19 PandemicFiling DeadlinesFatal DefectStrict ComplianceBallot AccessJudicial DiscretionLegislative IntentAppellate Division ConflictQuarantine Requirements
References
39
Case No. CV-23-0719
Regular Panel Decision
Sep 26, 2024

In the Matter of the Claim of Bruce Matter

Claimant Bruce A. Matter, an account executive for Google Inc., sustained a traumatic brain injury in October 2021 after being struck by motorized bicycles while returning from an employer-encouraged "Happy Hour" event. The employer and its carrier disputed the claim, arguing the accident did not arise out of or in the course of employment. A Workers' Compensation Law Judge initially disallowed the claim, but the Workers' Compensation Board reversed, finding a causal nexus due to the employer's derived benefit from the event and the altered travel risks it entailed. The Supreme Court, Appellate Division, Third Judicial Department, affirmed the Board's decision, concluding that substantial evidence supported the finding that the employer benefited from the claimant's participation and that the event altered his usual travel, increasing the risk of injury.

Accidental InjuryCourse of EmploymentCausal NexusSpecial Errand DoctrineDual-Purpose DoctrineEmployer BenefitOff-Premises AccidentTraumatic Brain InjuryHappy Hour EventWork-Related Activity
References
13
Case No. MISSING
Regular Panel Decision

MATTER OF MERSON v. McNally

The Court of Appeals addresses whether a negative declaration under the State Environmental Quality Review Act (SEQRA) can be issued for a Type I action, even when the project has been modified to accommodate environmental concerns. Reviewing two related cases, Matter of Merson v McNally and Matter of Philipstown Indus. Park v Town Bd., the Court examines a mining project by Philipstown Industrial Park, Inc. (PIP) in the Town of Philipstown, Putnam County. The Planning Board, acting as the lead agency, issued a negative declaration after PIP revised its plans in response to public and agency input regarding noise, traffic, and groundwater. The Appellate Division had annulled this declaration, viewing the modifications as impermissible 'conditioned negative declarations.' The Court of Appeals reversed, holding that such project adjustments, made through an open and deliberative process to mitigate potential adverse effects, are a legitimate part of SEQRA review and do not invalidate a negative declaration. The cases are remitted to the Appellate Division for consideration of unaddressed issues, including preemption.

Environmental ReviewSEQRANegative DeclarationMined Land Reclamation LawType I ActionProject ModificationEnvironmental Impact StatementLead AgencyZoning LawAppellate Review
References
15
Case No. No. 29-30
Regular Panel Decision
Apr 21, 2022

In the Matter of the Claim of Thomas Johnson; In the Matter of the Claim of Joseph D. Liuni

This opinion addresses two appeals concerning Workers’ Compensation Law (WCL) § 15, specifically whether a schedule loss of use (SLU) award for a subsequent injury to a subpart of an enumerated body "member" must be reduced by a prior SLU award to a different subpart of the same member. The Court of Appeals holds that WCL § 15 (7) allows for multiple SLU awards for successive injuries to the same statutory body member, provided the claimant demonstrates that the second injury, considered by itself, caused an increased loss of use. The Court affirmed the Appellate Division's order in Matter of Johnson v City of New York, finding that claimant Thomas Johnson failed to provide sufficient evidence that his knee injuries caused a further loss of use of his legs beyond that addressed in a prior SLU award for hip injuries. Conversely, the Court reversed the Appellate Division's order in Matter of Liuni v Gander Mountain, remitting the case for further proceedings because claimant Joseph D. Liuni did provide evidence that his later shoulder injury caused a distinct increase in the loss of use of his arm separate from a prior elbow injury. The decision clarifies the application of WCL § 15 (7) regarding successive SLU awards and the burden of proof on claimants.

Workers' Compensation LawSchedule Loss of Use (SLU)Successive InjuriesBody Member ImpairmentOffset RulePrior Disability CompensationEarning CapacityStatutory InterpretationAppellate ReviewMedical Evidence
References
33
Case No. 534485
Regular Panel Decision
Nov 17, 2022

In the Matter of the Claim of William Grimaldi

Claimant William Grimaldi sustained work-related injuries in 2007 and 2008. The Workers' Compensation Board (WCB) initially erred in calculating the payment rate for the 2007 claim, leading to a prior appeal where this Court remitted the matter for re-computation based on the claimant's average weekly wage at the time of the 2007 injury for awards made after December 23, 2013. In a May 2021 decision, the Board correctly applied the rate but limited its application to a specific period and reduced counsel fees. While claimant's subsequent appeal of this May 2021 decision was pending, the Board, on its own motion, reviewed and amended its decision in June 2022. The amended decision directed that all continuing awards for the 2007 claim be paid at the rate based on the 2007 earnings and granted the full requested counsel fees. As the Board's subsequent decision rendered the appeal moot, this Court dismissed the appeal and assessed costs against the Workers' Compensation Board for the expenses incurred by the claimant in perfecting an unnecessary appeal.

Workers' CompensationAppellate ReviewMootnessWage Earning CapacityPayment RateAverage Weekly WageCounsel FeesBoard ReconsiderationCosts on AppealPermanent Partial Disability
References
8
Case No. 2021 NY Slip Op 02391 [193 AD3d 932]
Regular Panel Decision
Apr 21, 2021

Matter of Zamir F. (Ricardo B.)

The Administration for Children's Services appealed an order from the Family Court, Kings County, which had dismissed petitions alleging that Ricardo B. neglected Zamir F. through sexual abuse and derivatively neglected his other children, Elijah B., Jordan B., Jeremiah B., and Messiah B. The Appellate Division, Second Department, reversed the Family Court's order. It found that the petitioner had sufficiently established neglect and derivative neglect by a preponderance of the evidence, concluding that the testimony of the petitioner's child sexual abuse expert reliably corroborated Zamir's out-of-court statements. The court also determined that the Family Court had erred in its credibility assessment, particularly in preferring the father's expert's testimony. The matter was remitted to the Family Court for a dispositional hearing and the issuance of a dispositional order.

Child NeglectSexual AbuseDerivative NeglectFamily Court Act Article 10Corroboration of Child StatementsExpert TestimonyCredibility AssessmentAppellate ReviewParental DutiesRisk of Harm
References
8
Case No. 2018 NY Slip Op 04801 [162 AD3d 1425]
Regular Panel Decision
Jun 28, 2018

Matter of McMillan v. Town of New Castle

Claimant, a police officer, filed a workers' compensation claim for a work-related anxiety disorder with phobic features due to blood exposure, supported by his treating psychiatrist. Initially, a Workers' Compensation Law Judge granted benefits, finding an occupational disease aggravating preexisting anxiety. However, the Workers' Compensation Board reversed this decision, ruling that the work-related stress was not greater than what typically occurs in normal police work. While claimant's application for reconsideration was pending, Workers' Compensation Law § 10 (3) (b) was amended, prohibiting disallowance of mental injury claims for police officers based on normal work stress in emergencies. The Appellate Division found that the Board erred in denying reconsideration without applying the new law, which had taken effect immediately. Consequently, the Appellate Division reversed the Board's decisions and remitted the matter for further proceedings.

Workers' CompensationMental Injury ClaimAnxiety DisorderPolice OfficerWork-Related StressOccupational DiseaseStatutory AmendmentRetroactive ApplicationReconsiderationAppellate Review
References
7
Case No. 2018 NY Slip Op 07122 [165 AD3d 1108]
Regular Panel Decision
Oct 24, 2018

Matter of Alexandria F. (George R.)

This case involves consolidated proceedings concerning the alleged abuse and neglect of three children, Alexandria F., Adalila R., and George W.R., by George R. The Family Court, Nassau County, found George R. severely abused Alexandria F. and derivatively abused Adalila R. and George W.R., also finding neglect of all three children. Additionally, the Family Court denied a petition for custody and access filed by Adalila R.-S. On appeal, the Appellate Division, Second Department, modified the Family Court's order by deleting the 'severe' designation from the abuse finding regarding Alexandria F., as George R. was not her legal parent at the time. The court affirmed the findings of abuse against Alexandria F. and derivative abuse against Adalila R. and George W.R. Crucially, the Appellate Division disagreed with the Family Court's decision not to treat George R. as the father of Adalila R. and George W.R., citing formal judicial admissions by DSS. Consequently, the matter was remitted to the Family Court for further dispositional proceedings concerning Adalila R. and George W.R., including a re-evaluation of reunification efforts and the appropriateness and duration of protection orders. The denial of Adalila R.-S.'s custody and access petition was affirmed.

Child abuseChild neglectDerivative abuseParental rightsPaternityOrders of protectionCustody and accessFamily Court ActAppellate reviewRemittal
References
18
Case No. CV-24-1994
Regular Panel Decision
Nov 13, 2025

In the Matter of the Claim of Kevin Krein

Kevin Krein, the appellant, appealed a Workers' Compensation Board decision that awarded him a 12.5% schedule loss of use (SLU) of his right leg. This award resulted from the Board reducing a 25% SLU, assessed after a March 2020 injury, by a prior 12.5% SLU award from a 1999 injury to the same knee. The Appellate Division reversed the Board's decision, citing Matter of Johnson v City of New York, which holds that successive SLU awards for the same body member should not be automatically reduced by prior awards if the subsequent injury causes an increased loss of use, considered independently. The Court found that the Board failed to consider medical evidence regarding whether the injuries represented 'separate pathologies' and remitted the matter for further proceedings consistent with Matter of Johnson.

Schedule Loss of UseWorkers' Compensation BoardKnee InjurySuccessive InjuriesSLU OffsetMedical EvidenceAppellate ReviewMatter of JohnsonRemittalPermanent Impairment
References
8
Case No. CV-22-1997
Regular Panel Decision
Dec 14, 2023

In the Matter of the Claim of Nancy Mosner

Claimant, a New Jersey resident, was injured in California while on assignment and subsequently filed a claim for workers' compensation benefits in New York, listing a New York address for the employer. The employer and carrier contested the claim, arguing a lack of subject matter jurisdiction. Initially, a Workers' Compensation Law Judge found sufficient contacts with New York to establish jurisdiction. However, the Board reversed this decision, dismissing the claim due to a finding that subject matter jurisdiction had not been established. The Appellate Division affirmed the Board's decision, concluding that despite some New York connections such as the employer's parent company having offices in New York where claimant attended meetings, these contacts were insufficient to confer subject matter jurisdiction given the claimant's New Jersey residency, the California location of injury, the employer's office being typically in New Jersey, and New Jersey tax withholdings.

JurisdictionWorkers' CompensationOut-of-state injuryNew York contactsAppellate DivisionSubject Matter JurisdictionEmployment SitusConflict of LawsBoard decisionSufficiency of contacts
References
12
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