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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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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 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 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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