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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
Jan 17, 1996

Claim of Palevsky v. New York City Board of Education

In 1986, while working as an education associate in the Bronx, the claimant sustained a fractured nose due to a student altercation and filed a timely workers' compensation claim, receiving benefits. The case remained open for a pending nasal surgery issue. Years later, in 1992, the claimant sought compensation for alleged consequential posttraumatic stress disorder. The self-insured employer, the New York City Board of Education, argued that Workers' Compensation Law § 28, a two-year statute of limitations, barred this new claim. However, both the Workers' Compensation Law Judge and the Board affirmed that Section 28 does not apply to consequential injuries. Upon appeal, the Court concurred, holding that a subsequent claim for disability compensation related to injuries in an earlier, timely claim is not barred by the two-year limit for amendment.

Workers' CompensationPosttraumatic Stress DisorderStatute of LimitationsConsequential InjuryWorkers' Compensation Law § 28Time BarBoard DecisionAppealWorkplace InjuryNasal Fracture
References
3
Case No. MISSING
Regular Panel Decision
Oct 27, 1992

Claim of Bolek v. George Tieman & Co.

Claimant, a surgical instrument polisher, sustained serious head injuries and posttraumatic stress syndrome after inhaling muriatic acid vapors and falling at work. The Workers' Compensation Board ruled that the disability was causally related to the accident and awarded benefits. The Appellate Court affirmed the Board's decision, finding substantial evidence for the causal relationship and properly declining to address the adequacy of claimant's notice of injury as it was not raised at the first hearing by the employer or carrier.

surgical instrument polishermuriatic acidacid vaporshead injuryposttraumatic stress syndromecausally related disabilityworkers' compensation benefitsnotice of injuryAppellate CourtBoard decision
References
0
Case No. MISSING
Regular Panel Decision
Apr 18, 1988

Wood v. Laidlaw Transit, Inc.

A school bus driver, while on duty, witnessed a gruesome automobile accident involving children she knew. Subsequently, she developed symptoms of a psychological nature, diagnosed as posttraumatic stress disorder, rendering her unable to continue her work. The Workers’ Compensation Board awarded benefits, but the employer appealed. The court reversed the Board's decision, ruling that although the disability arose during employment, it was not the result of an 'accident' under the Workers’ Compensation Law because the claimant was not an active participant in the tragedy, but merely a witness.

posttraumatic stress disorderpsychological injuryworkers' compensationscope of employmentaccident definitioncausationbus driverwitnessing accidentmental injury
References
3
Case No. MISSING
Regular Panel Decision
Jul 03, 2003

Claim of Dinneny v. Phoenicia Fire District

In February 1994, a volunteer firefighter for the Phoenicia Fire District was injured after falling on ice. Initial total disability payments were rescinded by the Workers' Compensation Board in 1996. The claimant then filed a new claim asserting posttraumatic stress disorder (PTSD) as a result of the 1994 injury. The Board denied this claim in 2003, determining that the PTSD was not causally related to the 1994 accident but rather to a separate violent attack in 1995. The Appellate Division affirmed the Board's decision, concluding it was supported by substantial evidence and that the Board properly assessed conflicting medical testimony.

Volunteer FirefighterPTSDCausal RelationshipMedical TestimonySubstantial EvidenceWorkers' Compensation BoardAppealDisability BenefitsFirefighter InjuryRescinded Benefits
References
4
Case No. MISSING
Regular Panel Decision
Jun 03, 1999

Claim of Spencer v. Time Warner Cable

Claimant, a former customer service representative and sales department employee, sought workers' compensation benefits for posttraumatic stress disorder and depression, which she attributed to job-related stress. She experienced panic attacks starting in January 1994, leading to a leave of absence and cessation of work by April 1994. The Workers’ Compensation Board denied her claim, finding that the stress resulted from lawful personnel decisions and was not greater than that experienced by her coworkers. The Appellate Division affirmed the Board's decision, concluding that there was substantial evidence to support these findings under Workers’ Compensation Law § 2 (7).

Workers' CompensationPsychic InjuryWork-Related StressPanic AttackPosttraumatic Stress DisorderDepressionLawful Personnel DecisionJob TransferWork EvaluationAppellate Review
References
3
Case No. MISSING
Regular Panel Decision
Feb 19, 1999

Claim of Grace v. Bronx Municipal Hospital Center

The case involves an appeal from a Workers' Compensation Board decision denying benefits to a staff nurse (claimant) who developed posttraumatic stress disorder. The claimant attributed her condition to an increased workload, a feeding tube incident, and subsequent admonishment for not documenting it. The Board found the psychic injury was a direct consequence of a good faith personnel decision (work evaluation) and that the stress was not beyond that experienced by similarly situated workers. The Appellate Division affirmed the Board's decision, finding substantial evidence to support its factual findings regarding Workers’ Compensation Law § 2 (7).

PTSDPsychic InjuryWork-Related StressPersonnel DecisionWork EvaluationStaff NurseFeeding Tube IncidentGood FaithSubstantial EvidenceAppellate Review
References
4
Case No. 525286
Regular Panel Decision
Dec 06, 2018

Matter of Karam v. Rensselaer County Sheriff's Dept.

James J. Karam, a former Lieutenant with the Rensselaer County Sheriff's Department, appealed decisions by the Workers' Compensation Board that denied his claim for benefits, ruling he did not suffer a causally-related mental injury. Karam alleged work-related posttraumatic stress disorder and major depressive disorder stemming from a stressful and discriminatory work environment. The Board affirmed the disallowance, concluding Karam did not experience stress beyond that of a normal work environment and finding his testimony incredible. The Appellate Division affirmed the Board's decisions, upholding its factual findings and credibility assessments, and finding no error in the denial of reconsideration.

Mental InjuryPosttraumatic Stress DisorderMajor Depressive DisorderWorkplace StressCredibility AssessmentAppellate ReviewWorkers' Compensation Board DecisionAdministrative LawEmployment DiscriminationHarassment Claims
References
14
Case No. MISSING
Regular Panel Decision

Guillo v. NYC Housing Authority

Claimant appealed a Workers’ Compensation Board decision from February 6, 2013, which denied her claim for benefits related to work-induced depression, anxiety, and posttraumatic stress disorder. The Board had reversed a Workers’ Compensation Law Judge's finding, concluding that the claimant failed to demonstrate that the work-related stress was 'greater than that which other similarly situated workers experienced.' The appellate court affirmed the Board's determination, finding substantial evidence supported that the stress was not unusual. The court also noted that claimant's argument regarding a stress-related physical injury was unpreserved for review due to not being raised before the Board.

work-related depressionoccupational stressmental injury claimunusual stress standardworkers' compensation benefits denialappellate affirmanceemployer's testimony creditedclaimant's credibilityunpreserved argument
References
6
Case No. 2025 NY Slip Op 00250 [234 AD3d 1141]
Regular Panel Decision
Jan 16, 2025

Matter of Waddy v. Manhattan & Bronx Surface Tr. Auth.

Claimant Jenise M. Waddy, a transit bus operator, sought workers' compensation benefits for posttraumatic stress disorder following an incident where an agitated man attempted to forcibly enter her bus, damaging it. A Workers' Compensation Law Judge initially found a compensable injury, but the Workers' Compensation Board reversed, ruling that the stress experienced was not greater than that of similarly situated bus operators. The Appellate Division, Third Department, affirmed the Board's decision, concluding that the incident was within the reasonable expectations of a bus operator's normal work environment. A dissenting opinion argued against categorizing such a dangerous event as "normal" work.

Workers' Compensation LawPosttraumatic Stress Disorder (PTSD)Compensable InjuryWorkplace AccidentBus OperatorPsychological InjuryStressAppellate ReviewSubstantial EvidenceNormal Work Environment
References
11
Case No. ADJ14669607
Regular
Apr 10, 2023

DOUGLAS HERB vs. COUNTY OF LOS ANGELES, SEDGWICK CLAIMS MANAGEMENT SERVICES, INCORPORATED

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration, upholding the original finding that the applicant sustained industrial injuries to his internal system and head, causing 71% permanent disability. The defendant argued the Agreed Medical Evaluator's (AME) report regarding head injury and sleep issues lacked substantial medical evidence. The Board found the AME's report to be substantial, as it was not speculative, based on adequate examination, and explained its reasoning. Furthermore, the Board found the AME's method of analogizing the applicant's headaches to trigeminal neuralgia for impairment rating was permissible and accurately reflected the applicant's activities of daily living deficits.

GERDirritable bowel syndromehypertensionheadachessleep disturbancepermanent partial disabilityapportionmentmedical treatmentattorney's feeAgreed Medical Evaluator
References
13
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