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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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Third Department Decisions 3-13-14

Today the Court decided 3 cases dealing with workers compensation. In Matter of Danin , the carrier appealed from a decision of the Workers Compensation Board, filed July 13, 2012, which, among other things, denied a request by the employer and its workers compensation carrier to reopen claimants workers compensation claim. Claimant, a meat packer, […]

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Third Department Decisions 4-10-14

In Matter of Islam , the Court affirmed a decision establishing a case as work related and awarded benefits. Claimant, a legal permanent resident, was found to be totally disabled in 2006 as a result of work-related injuries to his head and neck. After his accident, he was convicted of sexual abuse in the first […]

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Third Department Decision 4-17-14

Today the Court decided one case dealing with workers compensation . In Matter of Krietsch , the carrier appealed (1) from a decision of the Workers Compensation Board, filed November 1, 2011, which, among other things, ruled that decedents back surgery was causally related to the compensable accident, and (2) from a decision of said […]

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Third Department Decision 5-1-14

Today the Court decided one case dealing with workers compensation issues. In Matter of Trotman, the Court affirmed the Board who found that claimants injury did not arise out of and in the course of his employment and denied his claim for workers compensation benefits. Claimant, a senior court officer, was injured shortly before the […]

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Third Department Decision 5-8-14

In the Matter of Moody, the carrier appealed a finding of the Board that the claimant death arose out of and in the course of employment. Decedent collapsed while working as a laborer at a construction site, and was later pronounced dead at the hospital. Decedent estate applied for workers compensation death.benefits on behalf of […]

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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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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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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 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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