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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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Third Department Decision 12-5-13

In Matter of Velasquez , Appeal from a decision of the Workers’ Compensation Board, filed September 24, 2012, which ruled that Continental Indemnity Company was responsible for decedent’s workers’ compensation death benefits. In May 2010, M&L Enterprises, LLC subcontracted with NGA Construction Company, Inc., a New Jersey company, to install siding on a building in […]

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Third Department Decision 12-13-13

In Matter of Cerda, the claimant appealed a decision that she did not sustain an accident. The Claimant, an identification manager for the employer, was responsible for issuing credentials to individuals who were permitted to enter race track grounds. Claimant expressed concerns to the employer regarding the legality of granting credentials to individuals with possible […]

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Third Department Decision 1-23-14

Today the Court decided one case dealing with workers’ compensation matters . In Matter of Porter , the Court affirmed the Boards decision in regard to 25-a. Claimant worked for the employer as a field service representative and, on May 1, 2004, struck his head on a concrete beam in a customer’s basement after reading […]

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Third Department Decision 2-13-14

Today the Court decided seven decisions dealing with workers compensation matters. Apparently they dont close either In Matter of Baum , the Court ruled on an Appeal from a decision of the Workers Compensation Board, filed July 22, 2011, which denied the application of the employer and its workers compensation carrier to reopen the claim. […]

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Third Department Decision 2-20-14

In Matter of Stevenson , Appeal by the carrier from a decision of the Workers Compensation Board, filed May 4, 2012, which ruled that decedents death was causally related to his employment . On March 17, 2010, decedent, a tractor trailer operator employed by Yellow Roadway Corporation, crashed his tractor trailer into a toll booth […]

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Third Department Decision 3-6-14

Today the Court decided one case dealing with workers compensation. In Matter of Stewart, claimant appealed from a decision of the Workers Compensation Board, filed October 4, 2012, which, among other things, denied claimants request for a change of venue. Claimant, who resides in Brooklyn, filed a claim for workers compensation benefits. Claimants counsel thereafter […]

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