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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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Third Department Decision – 10-31-13

Today the Court decided one case dealing with workers’ compensation. In Matter of Keefe, The claimant appealed a decision finding claimant was entitled to benefits at a marked partial disability rate. Claimant had 2 established cases one in 2004 and a subsequent accident in 2009, and his benefits were apportioned equally between the two cases. […]

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Third Department Decision- 11-7-13

Today the Court decided 3 cases dealing with workers compensation issues. In Matter of Mallette, the carrier appealed a finding that the claimant’s disc replacement surgery was causally related to the compensable accident. In 2007, claimant began treating for lower back pain. She was diagnosed with a disc herniation and thereafter had microdiscectomy surgery in […]

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Third Department Decision- 11-14-13

In Matter of Pengal, the claimant appealed the denial of an accident arising in and out of the course of employment. On July 29, 2008, claimant, a truck driver, suffered a stroke while at work and thereafter applied for workers compensation benefits. Following a hearing, a Workers Compensation Law Judge determined that there was no […]

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Third Department Decision- 11-27-13

Today the Court decided one case dealing with workers’ compensation matters. In Matter of Dixon, the claimant appealed from a decision that found he did not sustain an accident arising out of work. Claimant allegedly injured his back while working as a plumber at Madison Square Garden on Thursday, September 22, 2011. Claimant did not […]

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