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Worker’s Compensation Cases 2-9-12

Today the Court Decided 2 cases. There was also one decision by the Court of Appeals. In the Matter of Searchfield, an appeal was taken to a Board Decision that ruled that claimant’s application for workers compensation benefits was timely filed and awarded benefits. In October 2005, claimant was injured at his workplace while lifting […]

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THird Department Decisions 3-22-12

Today the Court decided 2 cases dealing with workers’ compensation issues. In Matter of Pelaez, The Court affirmed a decision establishing an accident as well as a decision of the Board denying Full Board review. In December 2007, claimant was injured when he was kicked in the head by a horse and he applied for […]

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Appellate Division for Workers Compensation 6-21-12

Today the Court ruled on 4 cases dealing with workers’ compensation. In Matter of Belaska, the claimant appealed a decision which denied her claim for workers’ compensation benefits. Claimant, a clerk for the Department of Law, sustained injuries to her chest, neck and right shoulder after she was involved in an altercation with a fellow […]

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Third Department Appellate Division decisions 6-28-12

In Matter of Donato, the claimant appealed a finding that that claimant violated Workers’ Compensation Law § 114-a and, among other things, disqualified him from receiving future wage replacement benefits. Claimant suffered established injuries to his ribs, head, neck, back, left shoulder and left clavicle, including a right orbital fracture, pulmonary contusions, collapsed lungs and […]

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Third Department – 2-14-13

Today the Court decided 3 cases dealing with workers’ compensation. In Matter of Jarovic, An appeal was taken from a decision of the Workers’ Compensation Board, filed February 1, 2011, which ruled that the employer’s workers’compensation carrier was entitled to a full credit against claimant’s third-party settlement recovery. The Court noted that the Workers’ Compensation […]

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Third Department Cases – 2-21-13

Today the Court issued two decisions dealing with workers’ compensation issues. In Matter of Runge , the claimant appealed a finding that his 1997 claim was time barred. In 1997 the claimant injured both knees while on a treadmill as part of an annual physical in March 1997. The employer and its workers’ compensation carrier […]

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Third Department Decisions – 3-14-13

Today the Court decided 5 cases dealing with workers’ compensation. In Matter of Minichelli , the carrier appealed a decision which ruled that the employer’s workers’ compensation carrier is not entitled to reimbursement from the Special Disability Fund. The carrier applied for 15-8(d) relief based on a prior conditions after a finding of permanency for […]

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Third Department Cases 3-21-13

In Matter of Swanko , Appeal from an amended decision of the Workers’ Compensation Board, filed November 7, 2011, which, among other things, ruled that apportionment pursuant to Workers’ Compensation Law § 44 is not applicable to claimant’s workers’ compensation award. Claimant was employed for many years as a carpenter. Late in 2005, injuries to […]

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Third Department Cases 4-18-13

Today the Court decided 3 cases dealing with workers compensation. In Matter of Brown, the claimant appealed a ruling of the law judge that was affirmed by the Board which ruled that claimant violated Workers Compensation Law A 114 and disqualified him from receiving future wage replacement benefits. Claimant, an electrician, successfully applied for workers […]

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Third Department Cases 4-25-13

Today the Court decided one case dealing with workers compensation issues. In Matter of Steuber , the claimant appealed a decision of the Board that found that the claimant did not injure his thoracic spine and denied his claim for benefits. Claimant applied for workers compensation benefits after falling at work in March 2010, and […]

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