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The Third Department Cases 12-31-14

The Court decided 5 cases dealing with workers compensation last week. In Matter of Dag Hammarskjold Tower, Appeals (1) from a decision of the Workers Compensation Board, filed May 30, 2012, which ruled that claimant did not violate Workers Compensation Law § 114, and (2) from a decision of said Board, filed August 20, 2013, […]

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The Third Department decided 5 cases dealing with workers’ compensation issues

Matter of Worthington , the carrier appealed the establishment of a case as well as awards made in the matter. Claimant, a registered nurse, injured her right foot, left wrist and face after she fell while making her rounds and checking on patients during her shift at the hospital. According to claimant, she was walking […]

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Third Department Decisions dealing with workers’ compensation issues 2-11-15

In the Matter of Hershewsky , a pro se claimant appealed a finding that they had committed a 114-a violation. Claimant sustained a work-related injury to her back in 1992 and was awarded workers’ compensation benefits. In 2011, the employer and its workers’ compensation carrier raised the issue of whether claimant had violated Workers’ Compensation […]

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Court Decided 3 Cases Dealing With Workers Compensation 3-5-15

The first was another case involving the self-insured trusts NYS v. Builders Self Insured Trusts. In Matter of O’Brien ,  the carrier appealed a finding that the employer was not entitled to reimbursement for wages paid.  While claimant was a correction officer for the selfInsured employer, he sustained several work-related injuries to his shoulders. During […]

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Third Department Cases Dealing With Workers Compensation 3-12-15

Today the Court decided 2 cases dealing with workers’ compensation. In Matter of Aponte, the claimant appealed a finding that he had voluntarily removed himself from the labor market. Claimant was injured in March 2009 when a coworker assaulted him, and his case was established for an injury to the neck, back and knee. Claimant […]

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Third Department Decisions 3-26-15

Today the Court decided 10 cases dealing with workers’ compensation issues. Matter of Demperio, the carrier appealed  from a decision of the Workers’ Compensation Board, filed March 6, 2013, which, among other things, ruled that claimant sustained a compensable injury. Claimant worked as a secretary at a medical facility, and she filed for workers’ compensation […]

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Third Department Cases 4-9-15

Today the Court decided one case dealing with workers compensation. In Matter of Bellantoni, the self- insured employer appealed from a decision of the Board which ruled the employer waived the right to raise The defense that claimant provided untimely notice of her injury. Claimant applied for workers’ compensation benefits in 2011, alleging that she […]

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The Court decided 3 cases dealing with compensation issues 4-30-15

In Matter of Harper, the carrier appealed from a decision of the Workers’ Compensation Board, filed October 18, 2013, which ruled that claimant did not violate Workers’ Compensation Law § 114-a. Claimant obtained workers’ compensation benefits as the result of a 2002 back injury and was eventually found to suffer from a permanent total disability. […]

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Third Department decisions 5-29-15

The Court decided several cases this week. In Matter of Beck, the carrier appealed the finding that the employer and its third-party administrator were not entitled to reimbursement from the Special Disability Fund. In 1997, claimant’s husband (hereinafter decedent)established a claim for workers’ compensation benefits for asbestos related pleural disease and chronic irritative bronchitis, resulting […]

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Third Department Decisions for 6-4-15

Today the Court decided one case dealing with workers’ compensation. In Matter of Liberious, the self-insured employer appealed from a decision of the Workers’ Compensation Board, filed December 10, 2013, which assessed a fine against the self- insured employer pursuant to Workers’ Compensation Law § 25 (2-b)(h). Claimant was injured on the job in May […]

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