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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

Brennan v. Bally Total Fitness

Kathryn Brennan filed a civil rights action against her former employer, Bally Total Fitness Corp., alleging sexual harassment under Title VII and disability discrimination under the ADA. Bally moved to dismiss the complaint as untimely and to compel arbitration based on its Employee Dispute Resolution Procedure (EDRP). The court denied Bally's motion to dismiss the Title VII claim, applying the 'continuing-violation exception' due to Brennan's allegations of ongoing harassment. The court also denied Bally's motion to compel arbitration, finding Bally's unilateral modifications to the EDRP invalid and raising questions of unconscionability regarding the original EDRP. The case is remanded for jurisdictional discovery and a possible hearing to determine the validity of the arbitration agreement.

Civil RightsSexual HarassmentDisability DiscriminationTitle VIIAmericans with Disabilities Act (ADA)Arbitration AgreementFederal Arbitration Act (FAA)Motion to DismissMotion to Compel ArbitrationContinuing Violation Exception
References
27
Case No. MISSING
Regular Panel Decision

Claim of Harrington v. L.C. Whitford Co.

The claimant, a construction worker, experienced a severe exacerbation of pre-existing asthma after exposure to burning lead paint fumes in June 1996. A certified pulmonologist, Richard Evans, determined the exposure caused a permanent and total disability. A Workers' Compensation Law Judge (WCLJ) found an accidental injury causing permanent and total disability, which the Workers' Compensation Board affirmed in August 2001. The employer and carrier appealed, arguing the condition was pre-existing and only temporarily aggravated. The appellate court affirmed the Board's decision, finding substantial evidence to support that the work-site exposure significantly exacerbated the claimant's stabilized asthma, leading to a permanent and total disability.

Workers' CompensationPermanent Total DisabilityAsthma ExacerbationOccupational ExposureLead Paint FumesPre-existing ConditionMedical Expert TestimonySubstantial EvidenceAppellate ReviewIndustrial Accident
References
14
Case No. MISSING
Regular Panel Decision

Matter of Brady v. Northeast Riggers & Erectors

In March 2012, the claimant, a union construction laborer, sustained a work-related back and abdomen injury. A Workers' Compensation Law Judge (WCLJ) initially found the claimant attached to the labor market but deemed a total industrial disability finding premature because permanent disability had not yet been classified. The Workers’ Compensation Board upheld this determination. The claimant appealed, arguing the Board erred in declining to classify him with a temporary total industrial disability. The Court affirmed the Board's decision, asserting that a classification of temporary total industrial disability cannot be made without a prior determination of permanency.

Workers' CompensationIndustrial DisabilityPermanent DisabilityTemporary DisabilityLabor MarketAppellate DivisionBoard DecisionPremature DeterminationGainful EmploymentWork History
References
6
Case No. MISSING
Regular Panel Decision

Claim of Kowalchyk v. Wade Lupe Construction Co.

The claimant, a carpenter over 60 with an 11th-grade education, fractured his back and wrist in August 1985 while on a construction jobsite. Initially, his physician, Dr. James Slavin, considered him totally disabled, and he received total disability benefits from his employer's carrier. However, in December 1985, the employer reduced benefits to a partial disability rate, relying on a report from their consultant, Dr. Edward Pasquarella. The claimant subsequently filed for compensation, leading to a determination by the Workers’ Compensation Law Judge and ultimately the Workers’ Compensation Board that he had a total industrial disability. The employer appealed this decision, arguing it lacked substantial evidence. The court affirmed the Board's decision, considering the claimant’s physical limitations, age, work experience, and limited education, concluding he had no marketable skills outside carpentry.

Workers' CompensationTotal Industrial DisabilityPartial DisabilityMedical Testimony ConflictEarning Capacity AssessmentAppellate ReviewVocational RehabilitationAge & Education FactorsCarpenter InjuryScaffold Accident
References
3
Case No. MISSING
Regular Panel Decision

Matter of Williams v. Preferred Meal Systems

Claimant, a driver, suffered injuries to his right knee and back in 2009 while making a delivery, leading to an established workers' compensation claim. The claim was later amended to include consequential adjustment disorder, and the Workers' Compensation Board ultimately found that claimant had sustained a permanent total disability from May 2012 onward. The employer, workers’ compensation carrier, and policy administrator appealed this decision, arguing that further proof was needed regarding claimant's vocational and functional capacity. The court affirmed the Board's decision, holding that extensive evidence of vocational and functional capacity is not required when medical proof demonstrates a permanent total disability and inability to engage in any gainful employment, as benefits continue for life in such cases. The court found substantial evidence in the opinions of treating and independent medical examination orthopedists to support the finding of permanent total disability.

Workers' CompensationPermanent Total DisabilityWage-Earning CapacityMedical ProofVocational CapacityFunctional CapacityAppellate ReviewNew York LawDisability BenefitsClaimant Rights
References
4
Case No. MISSING
Regular Panel Decision
Mar 20, 2001

Claim of Derr v. VIP Structures

The claimant, who had a work-related permanent total disability, was convicted of assault in March 1999 and subsequently incarcerated. The Workers’ Compensation Board ruled that the claimant was not entitled to benefits during his incarceration after the conviction of a crime. The claimant appealed this decision, arguing for continued benefits due to his total disability and resulting lack of earning capacity, regardless of his incarceration status. The court affirmed the Board's decision, stating that the suspension of workers’ compensation benefits during incarceration after a criminal conviction is based on public policy, and this principle applies to both partial and total disabilities. The court concluded that suspending benefits in such circumstances does not conflict with the Workers’ Compensation Law's goals.

IncarcerationWorkers' Compensation BenefitsTotal DisabilityPublic PolicyAssault ConvictionBenefit SuspensionCriminal ConductAppellate ReviewDisability Benefits
References
5
Case No. MISSING
Regular Panel Decision

Claim of Filipowicz v. De Laval Separator Co.

This case concerns an appeal by an employer and carrier challenging an award for total disability due to silicosis. It was conceded that the claimant suffered from silicosis and was permanently and totally disabled. Appellants argued that there was no proof of injurious exposure during the claimant's last employment with the employer. However, evidence showed the claimant worked as a trucker in the employer's rubber plant, where he was exposed to talc containing silica. The board found sufficient evidence of a causal relationship between this exposure and the claimant's disability, thus affirming the award.

SilicosisOccupational DiseaseTotal DisabilityInjurious ExposureTalc ExposureFoundry WorkerRubber PlantWorkers' Compensation BoardCausal Relation
References
2
Case No. MISSING
Regular Panel Decision

Claim of Yanarella v. IBM Corp.

Claimant, a computer programmer, alleged total industrial disability due to multiple chemical sensitivities incurred during her work in a manufacturing environment. The Workers’ Compensation Board's medical examiner and an independent rehabilitation report both concluded she was only permanently partially disabled and remained reasonably employable. The Workers’ Compensation Law Judge classified her as permanently partially disabled, a finding which the Board affirmed. The claimant appealed this decision, raising procedural arguments regarding denied cross-examination and hearings, but the court found these issues were waived or lacked merit as they were not properly raised or requested. Ultimately, the court affirmed the Board's decision, citing substantial medical evidence supporting the conclusion that the claimant was not totally industrially disabled.

chemical sensitivitiesindustrial disabilitycomputer programmerpermanent partial disabilitymedical evidencecross-examination waiverappellate reviewWorkers' Compensation Boardvocational assessmentdue process
References
6
Case No. MISSING
Regular Panel Decision

Claim of VanDermark v. Frontier Insurance

In this workers' compensation appeal, the employer and its carrier challenged two decisions by the Workers’ Compensation Board concerning a claimant's permanent total disability. The claimant sustained a back injury in 1998 and was initially found to have a permanent partial disability. However, the Board later modified the award, concluding the claimant had a permanent total disability after August 2004, a finding supported by the testimony of her treating orthopedic surgeon despite conflicting medical evidence. The employer also contested the denial of their applications for reconsideration and/or full Board review, arguing insufficient evidence and an abuse of discretion. The appellate court affirmed the Board's decisions, deferring to its resolution of conflicting medical evidence and finding no arbitrary or capricious action in denying reconsideration, as no new evidence was presented.

Workers' Compensation LawPermanent Total DisabilityPermanent Partial DisabilityMedical EvidenceConflicting Medical OpinionsBoard's DiscretionReconsideration ApplicationFull Board ReviewAppellate ReviewSufficiency of Evidence
References
6
Case No. MISSING
Regular Panel Decision

Claim of Mearns v. Sunoco, Inc.

Claimant, an assistant manager at a convenience store, suffered severe psychological injuries including panic attacks and nightmares after being falsely accused and physically accosted by a police officer following a store break-in. She subsequently ceased working and filed for workers' compensation benefits. A Workers’ Compensation Law Judge initially ruled, and the Workers’ Compensation Board later upheld, that she had sustained a permanent total disability. Despite some conflicting medical opinions regarding the severity of her disability, the Board was found to have properly resolved the evidence in favor of the claimant. The Appellate Division affirmed the Board's decision, concluding it was supported by substantial evidence and that there was no basis to disturb the finding of permanent total disability.

permanent total disabilitypsychological traumaworkers' compensation appealmedical expert testimonyconflicting medical evidencepolice misconductworkplace incidentmental healthadministrative lawjudicial review
References
4
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