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

Case No. 2018 NY Slip Op 08227
Regular Panel Decision
Nov 29, 2018

Matter of Kelly v. New York State Workers' Compensation Bd.

In 2006, claimant Grace Kelly established a workers' compensation claim for an occupational disease. The State Insurance Fund (SIF) repeatedly sought to transfer liability to the Special Fund for Reopened Cases, which was denied by Workers' Compensation Law Judges. The Workers' Compensation Board affirmed these denials and assessed $500 penalties against both SIF and its counsel, Walsh and Hacker, for filing an application for review without reasonable grounds. Walsh and Hacker appealed the penalty imposed against them to the Appellate Division, Third Department. The Appellate Division found insufficient evidence to support the Board's finding that Walsh and Hacker's application lacked reasonable grounds, and therefore reversed the penalty against them, modifying and affirming the Board's decision.

PenaltiesAppellate ReviewSpecial Fund for Reopened CasesWorkers' Compensation Law § 25-aWorkers' Compensation Law § 114-aAttorney SanctionsAdministrative LawBoard DecisionJudiciary Law § 431
References
4
Case No. 2017 NY Slip Op 27428
Regular Panel Decision
Dec 14, 2017

New York State Workers' Compensation Bd. v. Compensation Risk Mgrs., LLC

This action was brought by the New York State Workers' Compensation Board (WCB), as an assignee of former members of the Healthcare Industry Trust of New York (HITNY), against Compensation Risk Managers, LLC (CRM), HITNY trustees, and auditing firm UHY LLP. The WCB alleged mismanagement, breach of fiduciary duty, and negligent auditing, leading to the Trust's insolvency. Defendants moved to dismiss on grounds of standing, statute of limitations, and pleading particularity. The court dismissed certain derivative claims and negligent misrepresentation claims against some trustees due to standing issues and statute of limitations. All claims against UHY LLP were dismissed for lack of a near-privity relationship or prior precedent. An implied indemnity claim against the trustees was sustained. The WCB's cross-motion to consolidate related actions was denied.

Workers' Compensation LawGroup Self-Insured Trust (GSIT)Fiduciary DutyNegligenceNegligent MisrepresentationStatute of LimitationsStandingDerivative ActionImplied IndemnityAuditing Firm Liability
References
46
Case No. MISSING
Regular Panel Decision
Nov 08, 2012

Claim of Bailey v. Achieve Rehab & Nursing

Claimant, a nursing assistant, was granted workers' compensation benefits for a permanent partial disability. Following an independent medical examination, the employer's workers' compensation carrier repeatedly attempted to reopen the claim, citing counsel's failure to provide updates on claimant's job search. The Workers' Compensation Board denied these requests, emphasizing the lack of sufficient supporting evidence beyond non-response. Consequently, the Board assessed a $1,000 cost against the carrier under Workers’ Compensation Law § 114-a (3) (i) for pursuing proceedings without reasonable grounds after being clearly advised on evidentiary requirements. The appellate court affirmed this decision, finding no abuse of discretion in the Board's assessment of costs.

Workers' CompensationPermanent Partial DisabilityWork SearchReopening ClaimCosts AssessmentAbuse of DiscretionIndependent Medical ExaminationAppellate ReviewBoard DecisionCarrier Responsibility
References
2
Case No. ADJ163759 (OAK 0311040) ADJ592970 (OAK 0311039)
Regular
Apr 02, 2016

EDWARD LEWIS vs. BRYCO CONSTRUCTION, STATE COMPENSATION INSURANCE FUND

This case involves Edward Lewis seeking workers' compensation for injuries from Bryco Construction. The Workers' Compensation Appeals Board denied Lewis's petition for removal, an extraordinary remedy. Removal was denied because Lewis failed to demonstrate substantial prejudice or irreparable harm from the judge's order continuing a settlement conference with discovery still open. The Board adopted the judge's reasoning that reconsideration would be an adequate remedy should an adverse decision occur later.

Petition for RemovalWorkers' Compensation Appeals BoardWCJ ReportSubstantial PrejudiceIrreparable HarmReconsiderationMandatory Settlement ConferenceDiscoveryDahl DecisionVocational Expert
References
3
Case No. MISSING
Regular Panel Decision

Claim of Stratton v. New York State Comptroller

A claimant, employed by the Comptroller, sustained a broken ankle after slipping on black ice in a state-owned parking lot while walking to her office. She filed a workers' compensation claim, which was initially denied by a Workers’ Compensation Law Judge. The Workers’ Compensation Board reversed this decision, awarding benefits and finding the accident compensable, reasoning that the employer had extended its premises to the parking lot by making parking arrangements for employees. The employer and its carrier appealed both the Board's decision and its denial of their request for reconsideration. The court affirmed the Board's decisions, finding substantial evidence supported the Board's determination of a sufficient nexus between the parking facility and the employment.

Workers' CompensationParking Lot InjuryArising Out Of EmploymentCourse Of EmploymentPremises RuleSubstantial EvidenceBoard ReconsiderationAdministrative LawAppellate ReviewBlack Ice
References
16
Case No. MISSING
Regular Panel Decision

Claim of Noker v. International Paper Co.

Claimant sustained a compensable left arm injury in 1971 and received benefits. After changing physicians, a malpractice action was initiated against the original treating doctor, Dr. Owen W. Young, but was later dismissed for lack of prosecution. The Workers' Compensation Board denied further benefits, reasoning that discontinuing the third-party malpractice action without carrier consent relieved the carrier of further liability. The Appellate Division reversed this decision, citing Matter of Roach v Hastings Plastics Corp., which clarifies that such a discontinuance only affects compensation attributable to the malpractice, not the initial injury. The case was remitted to the Board to determine the claimant's entitlement to benefits solely for the original accident, separate from any malpractice-related claims.

Workers' Compensation LawMalpractice ActionThird-Party ActionDiscontinuance without ConsentCarrier LiabilityAggravation InjuriesInitial Accident BenefitsRemittal to BoardAppellate ReviewProcedural Issue
References
2
Case No. 2025 NY Slip Op 04577
Regular Panel Decision
Aug 06, 2025

New York Bus Operators Compensation Trust v. Arthur J. Gallagher & Co.

The plaintiff, New York Bus Operators Compensation Trust (NYBOCT), appealed an order that denied its motion to amend the complaint to add individual defendants and new causes of action. NYBOCT had originally sued its insurance broker and third-party administrators for alleged mishandling of a workers' compensation claim, which resulted in a denial of excess coverage. The Supreme Court had previously dismissed all but the breach of contract claims. The Appellate Division affirmed the Supreme Court's denial of the motion to amend, citing the plaintiff's extended delay, lack of reasonable excuse, the prejudice to the defendants, and the determination that the proposed amendments were patently devoid of merit.

Insurance BrokerThird-Party AdministratorBreach of ContractFiduciary DutyPleading AmendmentFaithless Agent DoctrineWorkers' CompensationExcess CoverageAppellate ReviewDelay
References
18
Case No. 2018 NY Slip Op 05037 [163 AD3d 558]
Regular Panel Decision
Jul 05, 2018

Matter of Empire State Transp. Workers' Compensation Trust v. Special Funds Conservation Comm.

This case concerns a proceeding initiated by Empire State Transportation Workers' Compensation Trust for judicial approval of a settlement, nunc pro tunc, against the Special Funds Conservation Committee. The underlying issue stemmed from the Trust's failure to obtain consent from the Special Funds for a claimant's personal injury settlement, which led the Workers' Compensation Board to find a waiver of reimbursement rights. After an initial denial by the Supreme Court, the Appellate Division reversed and remitted, affirming the court's discretion in compelling such consent. Upon remittitur, the Supreme Court granted the petition, directing the Special Funds to provide nunc pro tunc consent. The Appellate Division affirmed this subsequent order, concluding that the settlement was reasonable, the delay was adequately explained, and no prejudice was demonstrated against the Special Disability Fund.

Workers' CompensationNunc Pro TuncSettlement ApprovalPersonal Injury ActionSpecial Funds Conservation CommitteeAppellate DiscretionReimbursement WaiverJudicial ReviewAppellate PracticeNassau County
References
14
Case No. ADJ656416 (RIV 0030336)
Regular
Oct 18, 2011

JOHN CAVEY vs. SONY PICTURES ENTERTAINMENT, CNA CLAIMPLUS, INC., PIPE JACKING, INC., STATE COMPENSATION INSURANCE FUND, CAST & CREW PAYROLL, CNA CLAIMPLUS, PARAMOUNT PICTURES, ST PAUL/TRAVELERS INSURANCE, et al.

This case concerns reconsideration petitions filed by Paramount Pictures and State Compensation Insurance Fund (SCIF) regarding an arbitrator's award of the date of injury for workers' compensation purposes. Paramount's petition is dismissed as untimely filed. SCIF's petition, arguing against the September 1999 last date of injurious exposure based on medical evidence, is denied for the reasons stated in the arbitrator's report. The Board adopted the arbitrator's findings and incorporated the report into their decision.

Labor Code section 5412Labor Code $\S$5500.5date of injuryinjurious exposureapportionmentcontributionpetition for reconsiderationuntimely petitionWorkers' Compensation Appeals BoardAward of Arbitrator
References
2
Case No. MISSING
Regular Panel Decision
Jan 31, 2000

Claim of Rose v. International Paper Co.

The employer and its workers' compensation carrier appealed a Workers’ Compensation Board decision from January 31, 2000. The Board had refused to review a determination that denied the carrier's request for an adjournment after scheduled lay witnesses and doctors failed to appear at a March 1999 hearing. The Workers’ Compensation Law Judge (WCLJ) had denied the adjournment, established the claim, and made awards. The employer contended the WCLJ erred in refusing the adjournment, arguing that Board rule 12 NYCRR 300.10 (b) impermissibly restricted their right to appeal under Workers’ Compensation Law § 23. The court found the WCLJ's denial of the adjournment was not an abuse of discretion, citing the employer's lack of preparedness and the reasonableness of the rule in speeding claim resolution. The decision of the Board was affirmed.

Workers' Compensation LawAdjournment DenialBoard ReviewAppellate ProcedureWitness TestimonyMedical EvidenceWCLJ DiscretionDue ProcessRegulatory InterpretationSubpoena
References
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