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Decisions Recent Appellate Court Decisions

June 20, 2024

In the Matter of the Claim of Ronald Winkelman
Workers' Compensation Law § 114-a; labor market attachment

June 13, 2024

In the Matter of the Claim of Aesoon So
12 NYCRR 300.13; outdated RB-89

May 30, 2024

In the Matter of the Claim of David Brown
Claim amended to include additional injury sites; Workers' Compensation Law § 114-a

In the Matter of the Claim of Michael Garofalo
Board could not rely on schedule loss of use opinion based on 2012 Impairment Guidelines

In the Matter of the Claim of Lori Hill-Holley
Occupational disease

In the Matter of the Claim of Judith Patterson-Djalo
Board jurisdiction; premium dispute; late payment penalty

In the Matter of the Claim of Steve Persaud
Denial of application for full Board review/reconsideration

May 16, 2024

In the Matter of the Claim of Franki Evans
12 NYCRR 300.13; Failure to serve all parties in interest.

In the Matter of the Claim of Raymond Garrow
Schedule loss of use.

In the Matter of the Claim of Justin Timperio
Court of Appeals: Reversed AD decision; BP decision reinstated

April 25, 2024

In the Matter of the Claim of Annette Bosque
Accident; Workers' Compensation Law § 21(1) presumption.

In the Matter of the Claim of Robert Liotta
Article 8-A.

In the Matter of the Claim of Delmi Medina
Full Board review denial did not violate due process.

In the Matter of the Claim of Dexter Morgan
Occupational disease claim disallowed.

April 18, 2024

In the Matter of the Claim of Joseph Birro Jr.
Apportionment.

April 11, 2024

In the Matter of the Claim of Marie Seide
Degree of disability.

April 4, 2024

In the Matter of the Claim of Ryszard Cala
Late appeal.

March 28, 2024

In the Matter of the Claim of Melissa Anderson
Psychological injuries resulting from exposure to COVID-19.

In the Matter of the Claim of Bolot Djanuzakov
Psychological injuries resulting from exposure to COVID-19.

In the Matter of the Claim of Sheldon Matthews
Psychological injuries resulting from exposure to COVID-19.

In the Matter of the Claim of Kimberly McLaurin
Psychological injuries resulting from exposure to COVID-19.

In the Matter of the Claim of Mark Spillers
Claim for psychological injuries disallowed/no "stress greater than."

March 21, 2024

In the Matter of the Claim of Naomi Dent
Accident during commute.

In the Matter of the Claim of Michele Glasgow
Direction for claimant to produce additional evidence interlocutory.

In the Matter of the Claim of Zygmunt Kaminski
Claimant's entitlement to 24-hour home health care previously decided.

In the Matter of the Claim of Jorge Leon
Accident/credibility.

In the Matter of the Claim of Dean Losquadro
Voluntary retirement.

In the Matter of the Claim of Dennis Schuette
Schedule loss of use premature.

In the Matter of the Claim of Deborah Talarico
Appellant not aggrieved.

March 14, 2024

In the Matter of the Claim of John Deliso
Workers' Compensation Law 114-a(1); permanent disqualification.

In the Matter of the Claim of George Mina
Unreasonable failure to attend Independent Medical Examinations.

February 22, 2024

In the Matter of the Claim of Ricardo Yolas
Workers' Compensation Law § 114-a.

February 15, 2024

In the Matter of the Claim of Brenda Cross
Claimant did not have standing to appeal C-8.1 found in favor of the carrier; failure to use diagnostic testifying network.

In the Matter of the Claim of Anthony Digbasanis
Labor market attachment; 2017 amendment to Workers' Compensation Law § 15 (3)(w).

In the Matter of the Claim of Brenda Fernandez
COVID-19 death benefits

In the Matter of the Claim of Jason Golisano
Late RB-89

In the Matter of the Claim of Gayle Leonard
COVID-19

In the Matter of the Claim of James McNulty
Whether claimant violated Workers' Compensation Law § 114-a(1) held in abeyance until his release from prison.

In the Matter of the Claim of Sukhwinder Singh
Policy cancellation

February 8, 2024

In the Matter of the Claim of Radouane Ghaffour
No further causally related disability/permanency.

In the Matter of the Claim of Laura Hickey (John Hickey, dec'd)
Causally related death; Workers' Compensation Law § 13-a(6).

In the Matter of the Claim of Dobrica Vukotic
Labor market attachment.

February 1, 2024

In the Matter of the Claim of Kurt Hartman
Workers' Compensation Law 114-a(1).

In the Matter of the Claim of Eddy Irizarry
Insufficient findings of facts for appellate review.

December 28, 2023

In the Matter of the Claim of Audis Reyes
Total industrial disability.

December 21, 2023

In the Matter of the Claim of Jason Kallman
Discretionary penalty pursuant to Workers' Compensation Law § 114-a(1).

December 14, 2023

In the Matter of the Claim of Odaliris Allen
Workers' Compensation Law § 123.

In the Matter of the Claim of Marvin Andino
Notice.

In the Matter of the Claim of Racheal Brown
Consequential injury; degree of disability.

In the Matter of the Claim of Tara Brown
Employer/employee relationship.

In the Matter of the Claim of Jerry Faisca
Labor market attachment.

In the Matter of the Claim of Thomas Lazalee
Court of Appeals: Cross-examination of treating physician.

In the Matter of the Claim of Leroy Sylvia
COVID-19.

In the Matter of the Claim of Tina Martinez
Application for review denied based on failure to serve claimant's counsel.

In the Matter of the Claim of Nancy Mosner
No subject matter jurisdiction.

In the Matter of the Claim of Hillary Newman
Period of mandatory penalty under Workers' Compensation L § 114-a.

In the Matter of the Claim of Karen Reid
Average weekly wage in claim for death benefits.

In the Matter of the Claim of Daniel Villagil
Medical evidence did not support schedule loss of use award.

December 7, 2023

In the Matter of the Claim of Anthony Puccio
Employer/employee relationship; application for rehearing or reopening.

November 30, 2023

In the Matter of the Claim of Leonore Salvia
WCL § 29(5) consent to settle third party action; WCL § 114-a violation.

In the Matter of the Claim of Mehwish Shakil
WCL § 25(2)(b) & 12 NYCRR 300.37 - agreement to compensate.

November 16, 2023

In the Matter of the Claim of Frank Aungst
COVID-19

In the Matter of the Claim of Joseph Birro
Claimant not aggrieved by decision finding no apportionment.

November 9, 2023

In the Matter of the Claim of Tunin Romero
Review denied pursuant to 12 NYCRR 300.13

November 2, 2023

In the Matter of the Claim of Lidia Orrego
Denial of application for full Board review/reconsideration.

October 12, 2023

In the Matter of the Claim of Jaime Espinoza
Accident in the course of employment/commuting.

In the Matter of the Claim of Anthony Freyta
Occupational disease.

In the Matter of the Claim of Theresa Polonski (Polonski, Jeff (dec'd))
Causally related death.

In the Matter of the Claim of Susan Zuhlke
Schedule loss of use.

October 6, 2023

In the Matter of the Claim of Jeffery Kelsey
Temporary total disability.

September 21, 2023

In the Matter of the Claim of Mario Ayars
Schedule loss of use.

In the Matter of the Claim of Romero Balbuena
Workers Compensation Law § 114-a(3)(ii)

August 3, 2023

In the Matter of the Claim of Denis Campos
Policy cancellation. Appeal from full board review denial affirmed.

August 31, 2023

In the Matter of the Claim of Tara Brown
Liable employer and carrier.

August 3, 2023

In the Matter of the Claim of Denis Campos
Policy cancellation. Appeal from full board review denial affirmed.

In the Matter of the Claim of Zemira Sakanovic
Stress claim disallowed.

July 20, 2023

In the Matter of the Claim of Tracey Brown
Claim for mental injury from fear of contracting COVID-19 disallowed.

In the Matter of the Claim of Bolot Djanuzakov
Claim for mental injury from fear of contracting COVID-19 disallowed.

In the Matter of the Claim of Robert Perry
WCL § 28

In the Matter of the Claim of Sheldon Matthews
Claim for mental injury from fear of contracting COVID-19 disallowed

June 29, 2023

In the Matter of the Claim of Lidia Pena
Rescinding PTD finding interlocutory.

June 22, 2023

In the Matter of the Claim of Kenneth Attreed
Voluntary withdrawal from the labor market.

June 8, 2023

In the Matter of the Claim of Paula Velez
Occupational disease claim disallowed.

June 1, 2023

In the Matter of the Claim of Daniel Cush
Aggravation of prior work-related injury.

In the Matter of the Claim of Eleucadio Gallardo
12 NYCRR 300.13 (item 15; no specific objection or exception raised).

In the Matter of the Claim of Lisa Gonzalez
Workers Compensation Law § 15(3)(v).

In the Matter of the Claim of Kevin Harris
Claimant's independent medical examination precluded.

In the Matter of the Claim of Delon Nelson
Employer reimbursement.

In the Matter of the Claim of Hung Nguyen
Denial of rehearing or reopening of paid family leave discrimination claim.

In the Matter of the Claim of Cody Pernice
Accident arising out of and in the course of employment/accident not solely due to intoxication.

In the Matter of the Claim of Barbara Saporito
Voluntary withdrawal from the labor market.

In the Matter of the Claim of Lawrence (Larry) Updike
Workers Compensation Law § 114-a.

May 25, 2023

In the Matter of the Claim of David Dunlap
Board denial of review per 12 NYCRR 300.13(b).

May 18, 2023

In the Matter of the Claim of Maria DiMeo
Accident/physical injury.

In the Matter of the Claim of Tulio Serrata
Accident/special errand.

April 27, 2023

In the Matter of the Claim of Naum Feldman
COVID-19 claim disallowed; Workers' Compensation Law § 137 preclusion.

In the Matter of the Claim of Mariela Holder (Holder (dec'd), Edward)
COVID-19 death claim disallowed.

In the Matter of the Claim of Phyllis Kenney
Board denial of review per 12 NYCRR 300.13(b) because no electronic signature attestation.

In the Matter of the Claim of Paul Ryba
Board denial of review per 12 NYCRR 300.13(b) because incomplete response to item #13.

In the Matter of the Claim of Wilfredo Soler
Rescission of Order of the Chair is not reviewable by the Board.

April 20, 2023

In the Matter of the Claim of Paullan Flores
Additional injury sites disallowed.

April 13, 2023

In the Matter of the Claim of Glen Delaney
Employer/carrier liable for occupational disease; Section 44.

March 31, 2023

In the Matter of the Claim of Dante Daly
Claim did not fall under Workers' Compensation Law Article 8-A.

In the Matter of the Claim of Perdita Green
Reopening barred by Workers' Compensation Law § 123.

In the Matter of the Claim of Jonathan Pomerantz
Municipal self-insured employer not entitled to reimbursement for payment of supplemental retirement benefits paid to retired firefighter pursuant to General Municipal Law § 207-a(2).

In the Matter of the Claim of Tony Ward
Schedule loss of use.

In the Matter of the Claim of Elizabeth Wilber
Workers' Compensation Law § 15(3)(w).

March 9, 2023

In the Matter of the Claim of Charles Williams
Workers' Compensation Law 25(2)(b)/12 NYCRR 300.37

February 17, 2023

In the Matter of the Claim of Arnold Beiter
Denial of FBR application.

In the Matter of the Claim of Michael Blaylock
Denial of FBR application.

In the Matter of the Claim of Tayna Bond
Causally related injuries; degree of disability.

In the Matter of the Claim of Charlene Davis
Extremer hardship redetermination (Workers' Compensation Law § 35[3]).

In the Matter of the Claim of Gregory Echevarria
Death benefits/spousal abandonment.

In the Matter of the Claim of Alberto Gomez
Out-of-state medical provider.

In the Matter of the Claim of Wilfredo Guevara
Policy cancellation.

In the Matter of the Claim of Joseph Marcellino
Schedule loss of use.

In the Matter of the Claim of Victor Martinez
Causally related injuries.

In the Matter of the Claim of Gheorghe Petre
Denial of full board review application.

In the Matter of the Claim of Manual Rodriguez
Permanent disqualification for violation of Workers' Compensation Law § 114-a.

In the Matter of the Claim of Brenda Sanchez
Occupational disease disallowed.

February 9, 2023

In the Matter of the Claim of Kevin Brennan
Claim for consequential injuries disallowed; permanent disqualification pursuant Workers' Compensation Law § 114-a precludes scheduled loss of use award.

In the Matter of the Claim of John Galdon
Late notice pursuant to Workers' Compensation Law § 18 excused; causally related injury.

In the Matter of the Claim of Justo Rios
Denial of application for full Board review/reconsideration; new evidence.

In the Matter of the Claim of Adam Schulze
Municipal self-insured employer not entitled to reimbursement or credit for payment of supplemental retirement benefits paid to retired firefighter pursuant to General Municipal Law § 207-a(2).

February 2, 2023

In the Matter of the Claim of Alastair Kennedy
Additional injury sites disallowed; Workers' Compensation Law 114-a discretionary penalty rescinded.

January 12, 2023

In the Matter of the Claim of Amber Bakerian
Laches barred claim for minor's wage expectancy; claim for protracted healing period not moot.

In the Matter of the Claim of Pablo Figueroa Ceja
A separate notice of cancellation must be sent every employer insured under policy.

In the Matter of the Claim of John Molnar
Collateral estoppel; claim had previously been litigated and disallowed.

In the Matter of the Claim of Hector Tejada Lopez
Full Board review denial not arbitrary or capricious.

December 16, 2022

In the Matter of the Claim of Rosario Candela
Section 44/liability for occupational disease

In the Matter of the Claim of Kathleen Casacci
Reduced earnings

In the Matter of the Claim of Jeffrey Christie
12 NYCRR 300.13/Item 15

In the Matter of the Claim of Francisca Garcia (Garcia (dec'd), Miguel)
Workers' Compensation Law Article 8-A does not apply to death claims

In the Matter of the Claim of Donnay Kingston
Application to reopen based on change in condition

In the Matter of the Claim of Joseph Lambert
Request for payment of schedule loss of use in a lump sum can be made any time

In the Matter of the Claim of Donald Oberg
Causally related injury

In the Matter of the Claim of Philome Pierre
COVID-19

In the Matter of the Claim of Pamela Vankoevering
Involuntary retirement

In the Matter of the Claim of Lori Wein
Labor market attachment

In the Matter of the Claim of Edward Zeltman
Causal relationship

November 17, 2022

In the Matter of the Claim of William Grimaldi
Amended MOD rendered appeal moot

In the Matter of the Claim of Gregory Grinnage
Occupational disease (repetitive stress); denial of extension to obtain independent medical examination; proof of service

In the Matter of the Claim of Hope Jennings
Claimant can receive temporary total disability benefits following surgery after permanent partial disability caps have run

In the Matter of the Claim of Juanita Jones
300.13/item 15

In the Matter of the Claim of Fernando Nunez
No credible medical evidence of further casually related injury; medical evidence of causally related disability based on inaccurate history

In the Matter of the Claim of James O'Donnell
Workers' Compensation Law § 123

In the Matter of the Claim of Trina Yearwood
Occupational disease disallowed; claimant failed to disclose prior treatment to treating physicians and independent medical examination

November 10, 2022

In the Matter of the Claim of Marc Trombino
Laches/coverage

October 27, 2022

In the Matter of the Claim of Crystal McCrea
Board amended and superseded decision; appeal dismissed

In the Matter of the Claim of Monica Patricia Hidalgo Bernal (Poncefarfan, (dec'd) Otto)
Independent Livery Driver Benefit Fund

In the Matter of the Claim of Kayne Khalid Green
Court of Appeals: Reversed AD decision; BP decision reinstated

October 6, 2022

In the Matter of the Claim of James Banish
Claim disallowed; General Municipal Law 207-c finding regarding a site not binding on Workers' Compensation Board

In the Matter of the Claim of Wayne Charles Belfiore
No Workers' Compensation Law 114-a (1) violation

In the Matter of the Claim of Meggan Cotterell
Claim not time barred under Workers' Compensation Law § 28

In the Matter of the Claim of John Koratzanis
Limited length of mandatory penalty, and no discretionary penalty under Workers' Compensation Law 114-a (1), upheld

In the Matter of the Claim of Henry G. Lopez Mendez
Workers' Compensation Law § 54 (5), carrier failed to prove proper cancellation

In the Matter of the Claim of Richard Molander
No evidence to support claim for causally related lost time

In the Matter of the Claim of Elliot Vicente
Workers' Compensation Law § 35 (3) extreme hardship redetermination in favor of claimant

September 29, 2022

In the Matter of the Claim of Lorna Lyman
Amenability to non-schedule classification

In the Matter of the Claim of Frank P. Sausto
114-a(1); mandatory penalty imposed, but no discretionary penalty

In the Matter of the Claim of Georgina M. Vaughan
Causally-related death from exposure to toxic substances

September 1, 2022

In the Matter of the Claim of Michael Arena
114-a(1)

In the Matter of the Claim of Francisco Leon
Accident/Credibility

July 14, 2022

In the Matter of the Claim of Vito Barretta
Approval of medical marijuana variance.

In the Matter of the Claim of Matthew D. Polizzano
Appeal of suspension of benefits for claimant's refusal to testify in 114-a matter is interlocutory.

July 7, 2022

In the Matter of the Claim of Maria Fierro-Switzer (William Switzer, Dec'd)
Absent WTC-12 during lifetime, no claim for death benefits under 8-A or Workers' Compensation Law section 16 can be made.

In the Matter of the Claim of Robert Strohschein
Workers' Compensation Law 114-a(1).

June 23, 2022

In the Matter of the Claim of Portia Blanch
Appeal of Full Board Review moot.

In the Matter of the Claim of Anthony Brancato
Occupational disease established.

In the Matter of the Claim of Robert Diamond Jr.
No apportionment of schedule loss of use.

In the Matter of the Claim of Jerome Hernandez
No voluntary removal from the labor market.

In the Matter of the Claim of Douglas Kromer
Per Johnson/Liuni, and issue of extension deficit in left arm, matter remitted to Workers' Compensation Board.

In the Matter of the Claim of Anne O'Donnell
15(8) pretrial conference statement not binding on Workers' Compensation Board.

In the Matter of the Claim of Brenda Sanchez
No occupational disease.

In the Matter of the Claim of Danielle Sequino
C-81b decisions.

In the Matter of the Claim of Michael Spinelli
No violation of Workers' Compensation Law 114-a (1).

June 9, 2022

In the Matter of the Claim of Sandra Anthony
Employer/employee relationship. Construction Industry Fair Play Act.

In the Matter of the Claim of Wesley Harmon
Occupational disease established.

June 2, 2022

In the Matter of the Claim of Maurice Blue
Where injury results in both chondromalacia patella and a meniscal tear, special consideration 4 does not preclude losses from the meniscus from being added to ultimate schedule loss of use value.

May 26, 2022

In the Matter of the Claim of Juan Bidot
Stress claim disallowed. Appeal from FBR denial affirmed.

In the Matter of the Claim of David Bonet
Insufficient medical evidence of occupational disease.

In the Matter of the Claim of Paula Cunningham
Public school principal in New York City employed in a pedagogical capacity and not a covered employee under Workers' Compensation Law § 3 (1).

In the Matter of the Claim of Bernadette Davenport
Medical evidence supported a finding of no schedule loss of use.

In the Matter of the Claim of Howard Alphonso Fuller
Laches does not apply. Awards suspending pending production of evidence that claimant complied with conditions of consent to 3rd party settlement.

In the Matter of the Claim of Thomas Hogan
Workers' Compensation Law § 120.

In the Matter of the Claim of Edward Hopeck
Workers' Compensation Law § 123. Case truly closed despite awards held in abeyance.

In the Matter of the Claim of Christine Kelly (Kelly, Kevin (dec'd)
Special Fund (25-a) not liable for consequential death claim filed after the fund was closed.

In the Matter of the Claim of Alan Richburg
Issue on appeal moot. Appeal dismissed.

In the Matter of the Claim of Stacy Seymour
No occupational disease. Insufficient medical evidence.

May 20, 2022

In the Matter of the Claim of Mohammed Ali
Workers' Compensation Law section 114-a(1).

In the Matter of the Claim of Glenn Hedges
No medical evidence for period prior to classification.

In the Matter of the Claim of Alex Ryan
Affirmed voluntary removal finding, despite medical showing total after the Workers' Compensation Law Judge's direction to show labor market attachment was made.

In the Matter of the Claim of Christian Vasquez
Credible evidence of a work-related accident.

In the Matter of the Claim of Jermaine White
Disallowed per Workers' Compensation Law section 18.

May 12, 2022

In the Matter of the Claim of IRA Jason Lucks, as Executor of the Estate of Julius Lucks, Deceased, Claimant
25-a [1-a] prohibits transfer of liability to Special Funds Group for any application made after closing date.

In the Matter of the Claim of Donato Nappi
Workers' Compensation Law 114-a (1) finding, and discretionary penalty, affirmed.

April 26, 2022

In the Matter of the Claim of Thomas Johnson; In the Matter of the Claim of Joseph D. Liuni
Court of Appeals: Where lifetime claim shifted to Special Funds per 25-a, the carrier is liable for consequential death claim, not Special Funds.

April 21, 2022

In the Matter of the Claim of Juan Abad
Liability apportioned equally between general and special employers.

In the Matter of the Claim of Simon Butler
Reduced earnings not causally related to claimant's compensable injuries.

In the Matter of the Claim of Peter Giglia
Workers' Compensation Law § 114-a(1); mandatory and discretionary penalties.

In the Matter of the Claim of Richard Mallen
Reopening of claim barred by Workers' Compensation Law § 123.

In the Matter of the Claim of Alexandra Minichino
Accidental neck injury.

In the Matter of the Claim of Jose Perez
Board decision deferring further action for 90 days to permit parties to negotiate an agreement pursuant to Workers' Compensation Law § 32 was non-final; appeal dismissed.

In the Matter of the Claim of Andrezej Szymanski
Late payment penalty not warranted when awards stayed based on filing of an application for administrative review.

April 14, 2022

In the Matter of the Claim of Portia Blanch
Labor market attachment.

In the Matter of the Claim of Vincent Gambardella
Court expands Arias rule to encompass claimant's who have voluntarily retired.

In the Matter of the Claim of Veronica Garland
Schedule Loss of Use appropriately not increased.

In the Matter of the Claim of Albert Olszewski
Multiple filing of RB-89 in each file not stated in guidance; will be updated.

In the Matter of the Claim of Quinton Waters
Board must evaluate 'special errand' exception in rendering a decision.

March 17, 2022

In the Matter of the Claim of Wayne Charles Belfiore
300.13; carrier did not appear at hearing, and thus did not timely interpose an objection

In the Matter of the Claim of Charles Mascali
Reconsideration properly denied

In the Matter of the Claim of Leonel Reyes
Workers' Compensation Law § 114-a (1)

March 10, 2022

In the Matter of the Claim of Ryszard Cala
Binaural hearing loss, and preclusion of independent medical examination.

In the Matter of the Claim of Joseph Ippolito
Board failed to address issues raised by carrier on appeal.

March 3, 2022

In the Matter of the Claim of Frederick Mitchell
Denial of Reopening; detailed decision regarding newly discovered evidence and interest of justice.

February 24, 2022

In the Matter of the Claim of Marian Kretunski
Occupational disease date of disablement.

February 17, 2022

In the Matter of the Claim of Mark Mogilevsky
Binaural hearing loss; Board's credibility finding not supported by evidence.

February 10, 2022

In the Matter of the Claim of Steven Coll
Claimant, laid off due to staffing issues brought on by COVID-19 pandemic (June 2020) did not sustain causally-related lost earnings.

In the Matter of the Claim of Stephen Darcy
Defective application, per 300.13(b).

In the Matter of the Claim of Stacy Eastman
No apportionment of SLU; FBR properly denied.

In the Matter of the Claim of Cathleen Joseph
Voluntary removal; claimant met with various vocational rehabilitation services, including Workforce 1, other Department of Labor and Workers' Compensation Board services, and ACCES-VR, but did not engage in, or enroll in, any specific vocational rehabilitation training, or apply for actual jobs.

In the Matter of the Claim of Jerzy Patalan
Claimant, a retired asbestos handler, did not demonstrate a causally-related multiple repetitive stress OD

In the Matter of the Claim of Michael Powers
Claimant's attorney violated 13-a(6) in a letter to the treating physician, which described the development and onset of symptoms and asked for an opinion on causal relationship. As such, Board's credibility finding re: claimant's physician was upheld.

In the Matter of the Claim of David Yolinsky
Need for knee surgery not causally related to claim.

February 3, 2022

In the Matter of the Claim of Mack Fuller
Voluntary removal moot in schedule loss of use

In the Matter of the Claim of Stephanie Guna
Causal relationship

In the Matter of the Claim of Marek Mendrok
No accident

In the Matter of the Claim of Mary Lou Simmons
Claimant had 25% LWEC PPD, later filed for reclassification; ultimately held at 25% (no increase). Court affirmed the non-increase in LWEC, but reversed on fee, as Board sole reason was non-increase in award. The attorney had previously received a class fee, so on remitter Board must expand rationale re: fee.

In the Matter of the Claim of Nancy Strack
Finding of schedule loss of use at 0% was made despite lack of X-ray required per special consideration; thus, remitted because there is no medical evidence of a schedule loss of use at this time and new medical would be needed.

In the Matter of the Claim of Justin Timperio
Aggravated assault during work hours and on claimant's work premises by a former employee held by Court not to have a nexus to employment. Thus, exclusivity defense will not be available in claimant's federal lawsuit.

In the Matter of the Claim of Brandon Torres
Improper service of admin appeal

January 20, 2022

In the Matter of the Claim of Luis Urena
Out-of-state carrier liable for work in New York, as policy did not exclude NY state.

January 13, 2022

In the Matter of the Claim of Sonya Gorbea
Denial of reconsideration in a section 120 claim

In the Matter of the Claim of Leyda Molina
Occupational disease; cognizable link between uniform and respiratory ailment

In the Matter of the Claim of Yi Sun
Denial of reclassification; and denial of Workers' Compensation Law § 35 (3) application as below threshold

January 6, 2022

In the Matter of the Claim of Joanne Fuller-Astarita
Subject matter jurisdiction

In the Matter of the Claim of Thomas Lazalee
Untimely request for cross-examination

In the Matter of the Claim of Samuel McElroy
Lack of timely notice per Workers' Compensation Law section 18 excused, as not prejudicial to employer

In the Matter of the Claim of Rosemary L Miller (Miller, David J (Dec'd)
Board properly declined repeated request to address the previously resolved coverage issue

In the Matter of the Claim of Jerry Wayne Moore
Accident did not arise out of and in the course of employment

In the Matter of the Claim of Theresa Murphy (Murphy, Patrick M. (Dec'd)
8-A claim, medical evidence sufficient to show causal relationship

In the Matter of the Claim of Scot A Muse
Defective application for review

December 23, 2021

In the Matter of the Claim of Brian Reith
PTSD established for firefighter

In the Matter of the Claim of Michel Salinas
Appeal by carrier based upon purported fraud should be granted

December 9, 2021

In the Matter of the Claim of Katherine King
Reimbursement for Home Health Aide services

In the Matter of the Claim of Keith Whitney
Reduced earnings, and reattachment

November 24, 2021

In the Matter of the Claim of Sonya Gorbea
Denial of FBR arbitrary and capricious

November 23, 2021

In the Matter of Verneau v Consolidated Edison; In the Matter of Rexford v Gould Erectors
Court of Appeals: WCL section 25-a death claims after closure of Fund

November 18, 2021

In the Matter of the Claim of Giovani Garcia
12 NYCRR 300.13, item 15

In the Matter of the Claim of Manuel Ortiz
Workers Compensation Law § 114-a(1), permanent disqualification

In the Matter of the Claim of Stanley G. Phillips
Extreme hardship redetermination; reclassification

In the Matter of the Claim of Thomas E. Quinn
Reimbursement from Special Disability Fund

In the Matter of the Claim of Alroy Richards
Accident

In the Matter of the Claim of Rebecca Richman
Causal relationship

In the Matter of the Claim of Teodor Szewczuk
Failure to serve necessary parties

In the Matter of the Claim of Jose Urdiales
Occupational disease