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Third Department Cases 5-9-13

Today the Court dealt with 1 case directly dealing with workers compensation benefits and 2 cases that were not specific compensation cases but had related issues. In Matter of Hosher , the employer filed an appeal from a decision of the Workers Compensation Board, filed September 9, 2011, which rescinded a decision of the Workers […]

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Third Department Decisions 5-16-13

In Matter of Denman ,A the claimant filed an Appeal from a decision of the Workers Compensation Board, filed December 1, 2011, which ruled that claimant violated Workers Compensation Law 114-a and imposed a penalty. Claimant sustained a work-related injury in 2003, which resulted in an award of workers compensation benefits of $359.41 per week […]

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Third Department Decisions 6-6-13

Today the Appellate Division decided two cases dealing with workers compensation. In Matter of Ballou, the carrier appealed a decision finding that claimant had involuntarily retired.Claimant worked for the employer for more than 26 years as a mechanic rebuilding engines and fuel systems on heavy diesel equipment. In February 2010, while tightening a leaking hose […]

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Third Department Decisions 6-13-13

Today the Court decided two cases dealing with workers compensation issues. In Matter of Cartuccio, the claimant appealed from a decision of the Workers Compensation Board,filed March 12, 2012, which ruled that claimant violated Workers Compensation Law § 114-a and permanently disqualified him from receiving future wage replacement benefits. Claimant s workers compensation claim was […]

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Third Department Decision 6-27-13

The Court decided one case today which contained a dissent. In Matter of Brittain, the carrier appealed a decision of the Board which affirmed the establishment of a work related accident. Claimant performed human resources work for the employer that required her to frequently travel between her office and New York City, and the employer […]

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Third Department Decision 7-3-13

In Matter of Surianello, the carrier appealed from a decision of the Workers Compensation Board, which ruled that the employer is not entitled to reimbursement from the Special Disability Fund. Claimant worked for the self-insured employer as an electrical construction mechanic for 20 years when, in September 2001, he was assigned to various locations at […]

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Third Department Decision 7-11-13

The Court today decided 3 cases dealing with workers compensation issues. In Matter of Aska, the carrier appealed from a decision of the Workers Compensation Board, filed December 20, 2011, which ruled that the employers workers compensation carrier was directed to pay claimant certain benefits plus penalties pursuant to Workers Compensation Law $ 25 (3) […]

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Third Department Decision 10-3-13

Today the Court decided yet another 25-a case. In Matter of Canfora , the Special Fund appealed a finding that 25-a applied. Claimant suffered a compensable work-related injury on May 2, 2001. On May 29, 2008, the employer’s workers’ compensation carrier requested that liability be transferred to the Special Fund for Reopened Cases pursuant to […]

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Third Department Decision 10-19-13

Today the Court ruled on one case dealing with workers’ compensation. In Matter of Dow the Court found in favor of the carrier on appeal. The carrier appealed from a decision of the Workers’ Compensation Board, filed June 27, 2011, which denied the employer’s application for review of a decision by the Workers’ Compensation Law […]

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Third Department Decision – 10-24-13

The Court today issued one decision dealing with workers’ compensation issues. In Matter of Leslie, the carrier appealed a decision establishing a claim that also made awards for lost time. Claimant was employed as a maintenance worker by Joseph G. Bucci, who did business as Bucci Real Estate, and worked at eight or nine different […]

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