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Third Department – 2-14-13
Today the Court decided 3 cases dealing with workers’ compensation. In Matter of Jarovic, An appeal was taken from a decision of the Workers’ Compensation Board, filed February 1, 2011, which ruled that the employer’s workers’compensation carrier was entitled to a full credit against claimant’s third-party settlement recovery. The Court noted that the Workers’ Compensation […]
Read MoreThird Department Cases – 2-21-13
Today the Court issued two decisions dealing with workers’ compensation issues. In Matter of Runge , the claimant appealed a finding that his 1997 claim was time barred. In 1997 the claimant injured both knees while on a treadmill as part of an annual physical in March 1997. The employer and its workers’ compensation carrier […]
Read MoreThird Department Decisions – 3-14-13
Today the Court decided 5 cases dealing with workers’ compensation. In Matter of Minichelli , the carrier appealed a decision which ruled that the employer’s workers’ compensation carrier is not entitled to reimbursement from the Special Disability Fund. The carrier applied for 15-8(d) relief based on a prior conditions after a finding of permanency for […]
Read MoreThird Department Cases 3-21-13
In Matter of Swanko , Appeal from an amended decision of the Workers’ Compensation Board, filed November 7, 2011, which, among other things, ruled that apportionment pursuant to Workers’ Compensation Law § 44 is not applicable to claimant’s workers’ compensation award. Claimant was employed for many years as a carpenter. Late in 2005, injuries to […]
Read MoreThird Department Cases 4-18-13
Today the Court decided 3 cases dealing with workers compensation. In Matter of Brown, the claimant appealed a ruling of the law judge that was affirmed by the Board which ruled that claimant violated Workers Compensation Law A 114 and disqualified him from receiving future wage replacement benefits. Claimant, an electrician, successfully applied for workers […]
Read MoreThird Department Cases 4-25-13
Today the Court decided one case dealing with workers compensation issues. In Matter of Steuber , the claimant appealed a decision of the Board that found that the claimant did not injure his thoracic spine and denied his claim for benefits. Claimant applied for workers compensation benefits after falling at work in March 2010, and […]
Read MoreThird Department Cases 5-9-13
Today the Court dealt with 1 case directly dealing with workers compensation benefits and 2 cases that were not specific compensation cases but had related issues. In Matter of Hosher , the employer filed an appeal from a decision of the Workers Compensation Board, filed September 9, 2011, which rescinded a decision of the Workers […]
Read MoreThird Department Decisions 5-16-13
In Matter of Denman ,A the claimant filed an Appeal from a decision of the Workers Compensation Board, filed December 1, 2011, which ruled that claimant violated Workers Compensation Law 114-a and imposed a penalty. Claimant sustained a work-related injury in 2003, which resulted in an award of workers compensation benefits of $359.41 per week […]
Read MoreThird Department Decisions 6-6-13
Today the Appellate Division decided two cases dealing with workers compensation. In Matter of Ballou, the carrier appealed a decision finding that claimant had involuntarily retired.Claimant worked for the employer for more than 26 years as a mechanic rebuilding engines and fuel systems on heavy diesel equipment. In February 2010, while tightening a leaking hose […]
Read MoreThird Department Decisions 6-13-13
Today the Court decided two cases dealing with workers compensation issues. In Matter of Cartuccio, the claimant appealed from a decision of the Workers Compensation Board,filed March 12, 2012, which ruled that claimant violated Workers Compensation Law § 114-a and permanently disqualified him from receiving future wage replacement benefits. Claimant s workers compensation claim was […]
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