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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
Dec 03, 2004

Claim of Scally v. Ravena Coeymans Selkirk Central School District

In this case, a claimant appealed a Workers’ Compensation Board decision regarding apportionment of her workers' compensation award. The claimant, who suffered a work-related left knee injury in 2002, had a pre-existing non-work-related injury to the same knee from 1986. While a WCLJ initially denied apportionment, the Board reversed, directing a 50/50 apportionment based on the premise that the prior injury would have resulted in a schedule loss of use award had it been work-related. The appellate court upheld the Board's determination, deferring to its interpretation that a non-work-related injury leading to a schedule loss of use constitutes a "disability in a compensation sense" for apportionment purposes. This decision was supported by medical expert testimony indicating a schedule loss of use from the prior surgery.

Workers' CompensationApportionmentKnee InjuryNon-work-related InjurySchedule Loss of UsePreexisting ConditionMedical Expert TestimonyBoard InterpretationJudicial ReviewAppellate Decision
References
13
Case No. 2025 NY Slip Op 06579 [243 AD3d 1194]
Regular Panel Decision
Nov 26, 2025

Matter of Board of Educ. of the Newburgh Enlarged City Sch. Dist. v. Public Empl. Relations Bd. of the State of N.Y.

This case addresses a challenge by the Board of Education of the Newburgh Enlarged City School District (petitioner) to a determination by the Public Employment Relations Board (PERB). PERB had found the district engaged in an improper employer practice by unilaterally transferring the work of counseling non-mandated students from its bargaining unit employees (school social workers and psychologists) to non-unit county social workers. The Appellate Division, Third Department, confirmed PERB's determination, concluding there was substantial evidence that the work was exclusively performed by unit employees and the reassigned tasks were substantially similar. The court dismissed the district's petition and granted PERB's counterclaim for enforcement of its remedial order. This affirms PERB's finding that the district violated the Taylor Law by not negotiating the transfer of bargaining unit work.

Public EmploymentImproper Employer PracticeCollective BargainingBargaining Unit WorkPublic Employment Relations BoardTaylor LawCPLR Article 78Judicial ReviewSubstantial EvidenceSchool Social Workers
References
10
Case No. MISSING
Regular Panel Decision

Steen v. Governor's Office of Employee Relations

Petitioners, employed as Recreation Workers and Therapists at Pilgrim Psychiatric Center, were assigned new duties as "Treatment Plan Coordinators" under the "Buffalo Model" program. These new responsibilities included transcribing patient information, conducting patient interviews, entering data into worksheets, and performing 90-day progress reviews. Believing these tasks constituted out-of-title work typically performed by higher-grade Treatment Team Leaders, petitioners filed administrative grievances, which were consistently denied by the Governor's Office of Employee Relations. Subsequently, petitioners commenced a CPLR article 78 proceeding, but the Supreme Court dismissed their application, upholding the administrative determination. On appeal, the higher court found no rational basis for the administrative conclusion that the duties were a logical extension of petitioners' original roles, determining that the work was indeed out-of-title. Consequently, the judgment of the Supreme Court was reversed, the administrative determination annulled, and the petition granted.

Out-of-title workGrievancePosition classificationAdministrative determinationJudicial reviewAlbany CountyState Office of Mental HealthPilgrim Psychiatric CenterTreatment Plan CoordinatorsRecreation Worker
References
3
Case No. MISSING
Regular Panel Decision

Claim of Gordon v. Green Bus Lines, Inc.

Claimant suffered work-related neck, back, and shoulder injuries in June 1996 and ceased working in September 1998 due to severe symptoms. He filed a workers' compensation claim seeking authorization for additional medical treatment. Conflicting medical testimony was presented; his treating physiatrist deemed him totally disabled, while the carrier's physician attributed symptoms to age and prior injuries, denying a causally related ongoing disability from the 1996 accident. The Workers’ Compensation Law Judge (WCLJ) credited the carrier's physician, finding no further causally related disability or compensable lost time since December 1998. The Workers’ Compensation Board affirmed this decision. The claimant appealed, requesting remittal for further record development because he was not called as a witness, but the court affirmed, noting this issue was not raised previously and the WCLJ was entitled to resolve medical testimony conflicts based on substantial evidence.

Work-related injuriesNeck injuriesBack injuriesShoulder injuriesMedical treatment authorizationTotal disability claimConflicting medical testimonyCausally related disabilityWorkers' Compensation Law Judge decisionWorkers' Compensation Board affirmation
References
6
Case No. 533112
Regular Panel Decision
Mar 17, 2022

Matter of Reyes v. H & L Iron Works Corp.

A claimant appealed a Workers' Compensation Board decision which found he violated Workers' Compensation Law § 114-a and permanently disqualified him from future indemnity benefits. The claimant, Leonel Reyes, sustained work-related injuries in 2016 and received benefits. However, he failed to fully disclose his disc jockey activities and the physical nature of this work to the Board, carrier, and examining physicians while collecting benefits. Surveillance videos showed him lifting heavy equipment, contradicting his testimony. The Workers' Compensation Board affirmed the WCLJ's finding of a violation and the imposition of both mandatory and discretionary penalties. The Appellate Division, Third Department, affirmed the Board's decision, concluding that substantial evidence supported the violation and that the permanent forfeiture of indemnity benefits was not a disproportionate penalty given the claimant's multiple egregious misrepresentations.

Workers' Compensation Law § 114-aFalse RepresentationIndemnity BenefitsPermanent DisqualificationUndisclosed EmploymentDisc JockeyMaterial MisrepresentationSubstantial EvidenceWitness CredibilityDiscretionary Penalty
References
7
Case No. 526688
Regular Panel Decision
Dec 27, 2018

Matter of Bufearon v. City of Rochester Bur. of Empl. Relations

Claimant Kamren Bufearon sustained work-related injuries in a motor vehicle collision on March 4, 2016, for which his workers' compensation claim was established for injuries to his left shoulder, left hip, and lower back. Subsequently, he sought to amend his claim to include a causally-related cervical spine injury, which was initially approved by a Workers' Compensation Law Judge. However, the Workers' Compensation Board reversed this decision, finding that the claimant failed to sufficiently demonstrate a causal relationship between his cervical spine condition and the March 4, 2016 incident. The Appellate Division affirmed the Board's decision, noting that the medical testimony from two physicians contained conflicting findings and equivocal narratives regarding causation. The court concluded that the Board was entitled to reject the physicians' opinions as speculative, particularly since neither physician had reviewed the claimant's prior medical records for a pre-existing cervical spine fusion surgery.

Cervical spine injuryCausal relationshipMedical evidenceSubstantial evidence reviewAppellate DivisionWorkers' Compensation BoardPre-existing conditionCredibility of physiciansBurden of proofMotor vehicle accident
References
13
Case No. MISSING
Regular Panel Decision
Dec 03, 2003

Beesmer v. Village of DeRuyter Fire Department

In 1975, the decedent, a volunteer firefighter, suffered a heart attack and continuously received workers' compensation benefits until his death in 2002. His claimant applied for death benefits, alleging a causal link between the 1975 injury and his death. A Workers’ Compensation Law Judge (WCLJ) awarded benefits after denying the employer's request for a second adjournment to depose treating physicians, a decision affirmed by the Workers' Compensation Board. The court found substantial evidence supporting the causal relationship between the heart attack and death, noting that a work-related injury need not be the sole cause of death. Additionally, the court upheld the WCLJ's denial of the adjournment, as the employer failed to provide a sufficient excuse for not scheduling depositions or serving subpoenas during the initial adjournment period.

Workers' Compensation Death BenefitsCausal RelationshipHeart AttackCongestive Heart FailureAdjournment DenialTreating Physician DepositionSubstantial EvidenceAppellate ReviewMedical OpinionVolunteer Firefighter
References
5
Case No. MISSING
Regular Panel Decision

Claim of Crump v. Saint Patrick's Church

The decedent, claimant's husband, collapsed at work and died of coronary artery disease. Due to the unwitnessed incident at work, a presumption of causal relation to employment arose under Workers’ Compensation Law § 21 (1). Initially, the self-insured employer failed to rebut this presumption, leading to an award of benefits. However, upon review, the Workers’ Compensation Board rescinded the determination and allowed for consideration of a report from the employer’s medical expert. This expert provided uncontroverted testimony that there was no causal relation between the decedent’s work activities and his death. The Board affirmed this decision, which was further supported by evidence including the decedent's pre-work complaints of dizziness and pain, minimal strenuous activity at work, and an autopsy revealing no new heart damage. The appellate court affirmed the Board's decision, finding that the employer had provided substantial evidence to overcome the presumption of compensability.

Causal RelationPresumption of CompensabilityCoronary Artery DiseaseMedical Expert TestimonySubstantial EvidenceRebuttalAppellate ReviewEmployment DeathUnderlying Medical ConditionWorkers' Compensation Board Decision
References
3
Case No. 2021 NY Slip Op 02210
Regular Panel Decision
Apr 08, 2021

Matter of Osorio v. Tvi Inc.

Claimant, a pricing clerk, filed for workers' compensation benefits alleging neck, back, and arm injuries from repetitive work for TVI Inc. The Workers' Compensation Board found she sustained a causally-related occupational disease and set the date of disablement as May 21, 2015, affirming a Workers' Compensation Law Judge's decision. The employer and its carrier appealed, contending the claim was time-barred and that claimant failed to provide timely notice of her occupational disease, arguing that earlier symptoms indicated an earlier knowledge of the work-related condition. The Appellate Division, Third Department, affirmed the Board's decision, citing the Board's broad discretion in setting the date of disablement. The court found substantial evidence supported the Board's determination that claimant did not know or should not have known her condition was work-related prior to the physician's diagnosis on May 21, 2015, thus confirming the timeliness of the claim and notice. The denial of the application for reconsideration and/or full Board review by the carrier was also affirmed, as no new evidence or material change in condition was demonstrated.

Occupational diseaseRepetitive stress injuryWorkers' compensation benefitsDate of disablementTimeliness of claimNotice of occupational diseaseCervical spine injuryShoulder impingementTendonitisAppellate review
References
13
Case No. MISSING
Regular Panel Decision

Claim of Bottieri v. Travelers Insurance

Claimant, a senior benefits specialist, developed physical and psychiatric symptoms due to perceived job-related stress from early 1990, including headaches, neck/arm pain, "auras," and a seizure. Despite the stress, she sought and received a promotion in 1992, followed by a demotion in 1993, after which she stopped working and filed for workers' compensation benefits in November 1993. A Workers’ Compensation Law Judge initially found the claim compensable, but the Workers’ Compensation Board reversed, concluding that claimant was not exposed to undue job-related stress and that personnel decisions were lawful. On appeal, the court determined that the claim was not barred by Workers’ Compensation Law § 2 (7) as the symptoms predated the personnel decisions. However, the court affirmed the Board’s denial of benefits, finding substantial evidence that the claimant failed to demonstrate her experienced stress was greater than that of similarly situated workers in a normal work environment.

Workers’ CompensationJob StressAccidental InjuryPersonnel DecisionsPromotionDemotionMental InjuryPhysical SymptomsUndue StressNormal Work Environment
References
11
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