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

Case No. 529417
Regular Panel Decision
Feb 06, 2020

Matter of Johnson v. City of New York

Thomas Johnson, a patient care technician, sustained work-related knee injuries in a February 2006 fall. He subsequently sustained additional work-related injuries in November 2009 to his neck, back, shoulder, and hips, for which he received schedule loss of use (SLU) awards for his right arm, left leg, and right leg. The Workers' Compensation Board later ruled on the permanency of his 2006 injuries, finding an 80% SLU for his left leg and a 40% SLU for his right leg. However, the Board reduced these new awards by his previously received SLU awards for the 2009 injuries, resulting in a final 30% SLU for his left leg and a 0% SLU for his right leg. The Appellate Division affirmed the Board's decision, confirming that SLU awards for the knee and hip are encompassed within leg awards, and prior leg SLU awards must be deducted from subsequent leg SLU awards.

Schedule Loss of UseKnee InjuriesHip InjuriesLeg ImpairmentPrior SLU Award DeductionAppellate Division ReviewIndependent Medical ExaminationTreating Physician ReportPermanent Impairment GuidelinesWork-related Accident
References
9
Case No. CV-23-1229
Regular Panel Decision
Dec 12, 2024

In the Matter of the Claim of Percival Webster

Percival Webster, the claimant, sustained a work-related right knee injury in April 2018, leading to a 50% schedule loss of use (SLU) award for his right leg. In March 2020, while working as a correction officer, he incurred a compensable right hip injury. Following conflicting medical evaluations by Dr. John Ioia and Dr. Adam Soyer regarding the SLU attributable to the hip injury, a Workers' Compensation Law Judge (WCLJ) credited Dr. Ioia's testimony and awarded a 50% SLU for the right leg based solely on the hip injury. The employer's carrier appealed, arguing for an offset against the prior knee injury award under Matter of Genduso. However, citing Matter of Johnson, the Workers' Compensation Board affirmed the WCLJ's decision, finding that the claimant sufficiently demonstrated the hip and knee injuries were separate pathologies. The Supreme Court, Appellate Division, Third Judicial Department, affirmed the Board's decision, concluding that Workers' Compensation Law § 15 (7) allows for multiple SLU awards for successive injuries to the same body member if an increased loss of use from the subsequent injury is proven.

Schedule Loss of UseRight Leg InjuryHip InjuryKnee InjurySuccessive InjuriesMedical EvidenceIndependent Medical ExaminationWorkers' Compensation Board AppealAppellate Division DecisionJudicial Precedent
References
6
Case No. CV-23-1229
Regular Panel Decision
Dec 12, 2024

Matter of Webster v. Office of Children & Family Servs.

Claimant Percival Webster, who previously received a 50% schedule loss of use (SLU) award for his right leg due to a 2018 knee injury, sustained a second compensable injury to his right hip in March 2020. An independent medical examination by John Ioia, credited by the Workers' Compensation Law Judge (WCLJ), assessed a 50% SLU of the right leg solely attributable to the hip injury. The employer's carrier contended that the new award should be offset by the prior knee injury award, citing *Matter of Genduso*. However, the Workers' Compensation Board affirmed the WCLJ's decision, relying on *Matter of Johnson v City of New York*, which permits separate SLU awards for distinct injuries to the same body member if the claimant proves the second injury caused an increased loss of use independently. The Board found sufficient medical evidence to support the finding that the hip injury was a separate pathology warranting a distinct 50% SLU award, a decision which the Appellate Division affirmed.

Schedule Loss of UseWorkers' Compensation Board DecisionRight Hip InjuryRight Knee InjuryIncreased Loss of UseMedical Expert TestimonyIndependent Medical ExaminationOffsetting Disability AwardsStatutory InterpretationPrior Injury
References
6
Case No. 2018 NY Slip Op 05981 [164 AD3d 1509]
Regular Panel Decision
Sep 06, 2018

Matter of Genduso v. New York City Dept. of Educ.

Claimant Anthony Genduso appealed an amended decision by the Workers' Compensation Board regarding his schedule loss of use (SLU) award for a right leg injury sustained in 2013. Genduso argued that the Board improperly deducted his entire 20% SLU award from a 1997 injury to his right leg when calculating the 7.5% SLU for his 2013 injury, asserting that only the knee portion of the 1997 award should have been deducted. The Appellate Division, Third Department, found Genduso's argument unpersuasive, stating that SLU awards are for overall physical and functional impairments of a body part, such as the leg, rather than specific injuries to constituent parts like the ankle or knee. The court affirmed the Board's decision, noting that Genduso was also precluded from challenging the 1997 SLU award as he had not sought Board review at that time.

Workers' CompensationSchedule Loss of UseRight Leg InjuryPrior Injury DeductionAppellate ReviewMedical ReportsEmployer LiabilityBoard DecisionKnee InjuryAnkle Injury
References
2
Case No. MISSING
Regular Panel Decision

Claim of Grant v. Niagara Mohawk Power Co.

The claimant, a 60-year-old lineman, suffered a left leg and back injury in December 2000 while working for Niagara Mohawk Power Company, receiving initial benefits. He later underwent surgery for an unrelated right foot injury and subsequently retired in June 2002, receiving disability retirement benefits. The Workers’ Compensation Board reversed a WCLJ decision, finding that the claimant voluntarily withdrew from the labor market because he lacked a finding of permanency and failed to provide sufficient medical documentation to prove a continuing disability causally related to his initial work injury. The appellate court affirmed the Board's determination, concluding that substantial evidence supported the finding that his retirement was due to the unrelated right foot injury and not the work-related back and leg injury, and that he failed to meet the burden of demonstrating a continuing disability for permanency classification.

Workers' CompensationLabor Market AttachmentVoluntary WithdrawalPermanent Partial DisabilityMedical EvidenceAppellate ReviewInjury CausationRight Foot InjuryBack InjuryLeft Leg Injury
References
6
Case No. MISSING
Regular Panel Decision

In re the Claim of Trickel

In this case, the claimant appealed a decision by the Workers’ Compensation Board regarding a consequential injury claim. The claimant sustained a fractured right tibia and fibula in 1988 during employment, for which workers’ compensation benefits were granted. In 1991, the claimant suffered a lower back injury and contended it was a consequence of the 1988 leg injury and subsequent leg shortening. The Workers’ Compensation Board denied this claim, ruling the 1991 accident was new and unrelated, and apportioned disability with 50% attributed to the noncompensable 1991 incident, 25% to the 1988 leg injury, and 25% to a prior noncompensable leg injury. The court affirmed the Board's decision, stating that whether a disability is consequentially related is a factual question for the Board and that the Board was free to credit the carrier’s expert testimony which found no causal relationship.

Workers' CompensationAppealCausally Related InjuryBack InjuryLeg FracturePermanent DisabilityApportionmentMedical Expert TestimonySubstantial EvidenceNew Accident
References
3
Case No. MISSING
Regular Panel Decision

Claim of Hilbrandt v. Village of Red Hook

The claimant, a volunteer emergency medical technician, was injured on August 26, 2005. Her initial workers’ compensation claim was established for left ankle/leg and consequential right shoulder injuries. In April 2008, she sought to amend her claim to include a consequential right hip injury. The Workers’ Compensation Law Judge (WCLJ) dismissed the right hip claim as time-barred under Workers’ Compensation Law § 28, a decision upheld by the Workers’ Compensation Board. On appeal, the court affirmed the Board's decision, finding that while Volunteer Firefighters’ Benefit Law § 41 should have been applied, the claim for the right hip injury was time-barred under either statute as it was a direct injury from the 2005 accident and not claimed until April 2008.

Volunteer Firefighters' BenefitsStatute of LimitationsTime-barred ClaimConsequential InjuryDirect InjuryRight Hip InjuryEmergency Medical TechnicianDutchess CountyMedical EvidenceAppellate Review
References
6
Case No. 2024 NY Slip Op 04848 [231 AD3d 1213]
Regular Panel Decision
Oct 03, 2024

Matter of DiPippo v. Accurate Signs & Awnings

Michael DiPippo sustained work-related injuries in an August 2006 fall, leading to an established claim later amended to include consequential right leg deep vein thrombosis and obesity. He underwent amputations of both legs in 2014 and 2018. DiPippo sought to amend his claim to include the consequential amputation of his right leg, arguing it was caused by conditions linked to his initial injury. The Workers' Compensation Board disallowed the amendment, finding insufficient medical proof of a causal connection. The Appellate Division affirmed the Board's decision, ruling that DiPippo did not qualify as a medical expert and his independent analysis or generalized statements of possibility were inadequate to establish the required causal nexus.

Workers' CompensationAmputationCausal NexusMedical EvidenceExpert TestimonyBoard DecisionAppellate ReviewSubstantial EvidenceWork-Related InjuryClaimant Burden of Proof
References
12
Case No. MISSING
Regular Panel Decision
Dec 13, 1979

In re the Claim of D'Amore v. Town of Hempstead

A claimant appealed a decision from the Workers’ Compensation Board regarding injuries sustained during employment. The claimant was injured by a falling heater, striking his head, right big toe, and leg, leading to subsequent ulceration, gangrene, and amputations of the toe and leg. Although initial medical reports only noted a head injury, later testimony from the claimant and medical experts, Dr. Grauer and Dr. Ahmad, established the link between the workplace accident and the toe and leg injuries. The Board found the injuries causally related. The Appellate Division affirmed the Board's determination, concluding that substantial evidence supported the findings.

AmputationGangreneUlcerationToe injuryLeg injuryHead injuryWorkplace accidentCredibilitySubstantial evidenceWorkers' Compensation
References
1
Case No. ADJ2505068
Regular
May 28, 2013

MARIA FREITAS vs. SAVEMART SUPERMARKETS

The Workers' Compensation Appeals Board denied SaveMart Supermarkets' petition for reconsideration of an award finding the applicant's right leg injury to be a compensable consequence of her industrial back injury. The WCAB adopted the judge's report, which found the applicant's testimony credible, supported by medical opinions noting prior leg weakness and difficulty walking. The judge found that a contemporaneous surgeon's report, which stated the applicant missed a step, was less persuasive than the applicant's consistent testimony and supporting medical evidence. The WCAB upheld the judge's credibility determination and the finding that the leg injury was causally related to the admitted back injury.

Compensable Consequence InjuryCredibility FindingWCJ Report AdoptionTibia FractureCumulative Back InjuryMechanism of InjuryLower Extremity WeaknessAntalgic GaitSworn TestimonyMedical Opinion
References
1
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