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Third Department Decisions 11-6-14

Today the Court decided two cases dealing with workers; compensation . In Matter of GIOIA (now know as Patricia Witt), the carrier appealed a decision that among other things calculated claimant’s reduced earnings. Claimant injured her back in the course of her employment as a nurse’s aide and has an established workers’ compensation claim based […]

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Third Department Decisions 10-2-14

Today the Court decided two cases dealing with workers’ compensation . In Matter of Dowdel, Appeal from a decision of the Workers’ Compensation Board, filed March 25, 2013, which ruled that claimant’s posttraumatic stress disorder was consequential to his established claim for a back injury and awarded further workers’ compensation benefits. Claimant worked as an […]

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Third Department Decisions 9-4-14

The Court decided five cases dealing with workers’ compensation issues. In Matter of Schwartz , the Claimant Appealed (1) from a decision of the Workers’ Compensation Board, filed April 25, 2012, which ruled that claimant’s alleged cardiac conditions were not causally related to her established claim, and (2) from a decision of said Board, filed […]

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Third Department Decisions 7-24-14

Today the Court decided two cases dealing with workers’ compensation In Matter of Maiorano, claimant appealed from a decision of the Workers’ Compensation Board, filed October 30, 2012, which, among other things, denied claimant’s request for a change of venue. Claimant applied for workers’ compensation benefits, alleging that he was injured during the course of […]

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Third Department Decisions 7-3-14

Today the 3rd Dept. decided 5 cases dealing with workers’ compensation issues. In Matter of Mosley, the carrier appealed the establishment of the claim. In November 2007, while working as an assistant store manager for the employer, claimant made a telephone call to a coworker at her home to discuss a work-related matter. Following that […]

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Third Department Decisions 6-19-14

Today the Court decided one case dealing with workers compensation. In Matter of Ercole, the special funds filed an appeal to a finding that 25-a applied. Claimant, an investigator with the employer, suffered compensable injuries to his knees in 1996. He was awarded a schedule loss of use with respect to both legs and, in […]

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Third Department Decisions 6-5-14

In Matter of Nicpon, the special funds appealed a finding that liability shifted to the Special Fund for Reopened Cases pursuant to Workers’ Compensation Law § 25-a. Claimant sustained an injury to his lower back in March 2003 and a workers’ compensation claim was thereafter established for a temporary partial disability. In October 2005, claimant […]

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Third Department Decisions 5-29-14

Today the Court handed down several decisions dealing. with workers’ compensation issues. In Matter ofClark, claimant filed an appeal from a decision of the Workers’ Compensation Board, filed November 1, 2012, which, among other things, assessed a monetary penalty against claimant’s counsel pursuant to Workers’ Compensation Law § 114-a (3) (ii). Claimant was awarded workers’ […]

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Third Department Decision 5-15-14

Today the Court decided one case dealing with workers compensation issues. In Matter of Canales , the claimant appealed a finding which ruled that claimant sustained a temporary marked partial disability rather than a temporary total disability for the period from July 6, 2011 to September 27, 2011. In December 2010, claimant, who had been […]

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Board Panel Decision 5-8-14

On 5/8/14 in the Matter of Galano, The Board affirmed a claim for an occupational Parkinsons claim brought on by exposure to manganese through welding fumes from 1992 to 2007. The carrier argued that the claimant did not have proper medical to establish the claim and that he was not exposed to the fumes as […]

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