The Commissioners Work
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December 26, 2013 ♦ Vol 262 Issue 1 |
Board Splits at 3rd; WCB gets $370M
DECISIONS: For
Christmas, the 3rd Department affirmed one case and abeyed another
decision. It affirmed the Board's ruling that claimant had a dust
related disease even without the claimant’s need to identify the
specific allergen or contaminant responsible. In a case involving the
Board’s denial of a medical variance on the grounds that there was a
lack of supporting medical evidence, during the appeal process, the
Board changed its mind and denied the variance on the grounds other
grounds. Due to the new denial, the Court decided to hold the appeal in abeyance.
NEWSWIRE New
York State issued $370 million in bonds to assist businesses in failed
group self-insured trusts to fulfill their obligations to their injured
workers.
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December 19, 2013 ♦ Vol 261 Issue 1 |
Court Hits WCB 2x; WCB Hits Atty 3X Deloitte Touche: How to Fix The Board - Part I
DECISIONS: Board
is reversed twice when it rejected appeals, apparently either
mis-reading or not reading the underlying appeals but wins §114-a(3)(ii)
penalty in three virtually identical cases against an attorney, all the
same issue. Most interesting, when an attorney obviously does ‘wrong’,
the word 'fine' means $500 or so. When the Board obviously does ‘wrong’,
the word 'fine' is how the Board staff feels.
COMMENTARY. In
this week's COMMENTARY I list three first steps Deloitte Touche should
take to get the New York State Workers Compensation Board back on track.
Actually there are four items but the first is short:
"LISTEN"
Some steps have been noted before on this website but
some of the comments and suggestions are new, as will be those that will
appear over the next few weeks.
Today's decisions, in my
opinion, prove a point: The Board, and the Commissioners (it's their
name on the decisions, after all - try and have some pride!) just does
not pay attention but, if someone else does something wrong BANG - $500
or $1000, or in the case of the GSITs, under the Board's watchful eye,
Millions.
I can think of 100 reasons why so many in charge at the Board act they way they do. Steven Pinker in "The Better Angels of our Nature" explains
why street thugs resort to physical violence to get respect. Maybe that
explains some at the Board, those who believe that "the pen is mightier
than the sword" and thus, use their bureauratic power to demand
respect.
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December 5, 2013 ♦ Vol 259 Issue 1
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Board loses $25a, again 2x; Public access to WC files?
DECISIONS:
The Board continues to show its inability to comprehend the law and
dozens of prior citations regarding the determination as to when a case
is closed, therefore shifting liability for §25-a to the Special Fund;
at the third Department this week the Board was reversed twice on this
issue. However, the Board did win a case in which it assigned liability
to the contractor rather than the out-of-state subcontractor
NEWSWIRE: New OSHA regulations could result in injured workers comp claims being made public.
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November 27, 2013 ♦ Vol 258 Issue 1
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Another GSIT law suit; Claimant loses at the 3rd
DECISIONS:
While the Board prevailed at the 3rd Department when its denial of an
injured worker's claim was affirmed, the Board did not do as well at the
Court's Commericial Division on another GSIT case against its trustees
and managers. NEW page with cases lised by issue has been added: Case Issue Index
NEWSWIRE: ♦NYS Comptroller states new State budget will be balanced, in part thanks to raid on NYSIF ♦ New NYS/WC Opiate Laws not effective in New York, or most other states
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November 21, 2013 ♦ Vol 257 Issue 1
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Board Wins at Court of Appeals
DECISIONS:
At the Court of Appeals (the only decsion issed this week), carrier has
right to a credit in civil suit if award is noted as being covered by
IRS §104.
NEWSWIRE: ♦Vice-Chair Libous' home county starts its own fraud unit. ♦ NYSIF: the 5th largest WC carrier in the U.S, bigger than TX and CA combined. ♦ NYS Bar Assoc decries Cuomo's and WCB's decisionto close hearing points
WEBSITE ♦A new MOTIONS CALENDAR page has been added. Details on the DECISIONS page. ♦The REFERENCES & LINKS page has been added as well.
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November 14, 2013 Vol 256 |
INSIDE WC: 5 Years Old and Counting At the 3rd: WCB +3, Carrier 2, Claimant’s 1
This month celebrates the 5th anniversary of the first posting of this website.
And for those who still doubt my stubborness/persistence to continue,
you will see that the new website design has been completed, with my
moving to a new internet host, an indication of my plan to add more
content in the immediate future. See this week’s COMMENTARY on this subject.
DECISIONS While the Board wins in the three opinions issued today, claimant are
losers in two. And two interesting cases regarding WC law issued by
other Court’s this week: (1) the right of a state agency to set medical
fees and the WCB refusal to deny coverage does not mean a WC policy is
in effect.
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November 7, 2013 Vol 255
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Board Wins 3 But Is 77% For The Year
DECISIONS Claimants win on injuries incurred traveling between job sites and on
recommended surgery while Court agrees with Board that CTS and OD of the
left wrist are not apportionable despite a prior history of medical
treatment.
Even with three Affirmances this month, the Board has only been affirmed in only 77% of the decisions issued this year
while Rejections by the Court of Board decisions occurred in 23% of the
cases, continuing the Board’s records of the last few years of being
right only 3 out of 4 cases, even with a staff of nearly 100 attorneys
whose purported function is to insure proper justice for injured workers
and employers
WEBSITE
I ask your patience for an additional week at which time my redesigned
web-site will be done. Until then, the COMMENTARY, DECISIONS, and
NEWSWIRE pages continue to look different. In the law if you misplace a
comma in a contract you may get some judge to rule in your favor
anywhere but computers are unforgiving. Hit the wrong key and
“‘#&!*@^T”.
In the meantime, your comments and suggestions are welcome, not only on the content but the site’s design and any info I should or reconfigure.
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October 31, 2013 Vol 254
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Board Wins An Easy One New Feature on this Site
DECISIONS The
Appellate Court agreed with the Board that it is the AWW from the
latest job that determines the award but noted that the Board
inexplicably then reduced the degree of disability without an
explanation.
WEBSITE
Like Washington DC, I am still working on my website’s all new design
(all alone) as Google’s, Oracle’s, and Red Hat’s services having been
preempted by ObamaScare. But the DECISIONSpage will now link to transcripts of the arguments presented at the Court of Appeals, this week featuring Beth V v NYS Off of ChildrenFam Svcs (3rd Party issues) and Hroncich v Con Edison (causally related death).
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October 24, 2013 Vol 253
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WCB Splits on cases & My ‘Ooops’
COMMENTARY When
you go to the COMMENTARY, DECISIONS, and NEWSWIRE pages, you will see
that the pages look different. I tried to reprogram my website - such is
life. BUT NOT when it is the Federal (ObamaScare) and State (WCB)
wreaking havoc on the taxpayers and those who are required to use their services. For similarities and differences, read this week’s commentary.
DECISIONS The
Board wins the one decision issued by the Third Department but it
doesn’t look so promising on another GSIT case heading to the Court of
Appeals. And Texas issues an interesting decision on Medicare offsets
and reimbursements for an injured worker in the Texas WC system.
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October 17, 2013 Vol 252
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WCB Wins 1 of 2 “Bad Law = Bad Court Decisions”
DECISIONS While
winning on a legal issue at the Court of Appeals, the Board is again
reversed at the Third for its failure to follow proper procedures. And a
carrier loses a motion at the Court of Appeals on the issue of causally
related loss of earning capacity. The two Courts again state, in
effect, “Don’t blame us for unreasonable decisions - blame the
Legislature. They wrote the laws!”
NEWSWIRE Dr
Bruce Leckart writes that the new DSM-5 methods of determining the
level/existence of a injured workers’ psychological disability can
result in 100% of claimants being so classified.
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October 10, 2013 Vol 251 Issue 2
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§32 at Court of Appeals, CA limits athletes on WC
DECISIONS:
While no formal opinions were issued this week by the Third Department,
the Court of Appeals denial of the motion to hear an appeal on a §32
settlement appears to be a major victory for claimants.
NEWSWIRE:
And while WCB Chairman Robert Beloten prepares everyone for the closing
of the Special Fund for Reopened the Cases, California limits workers
compensation claims for professional athletes.
As usual, your
comments and suggestions are welcome, be they complimentary or critical
(but must be lucid and relatively polite). Sorry I'm late this week - been a very long week.
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October 7, 2013 Vol 251 Issue 1
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WCB: Let Them Eat Cake .. And drive 200 miles
Although the Board's
newest item, a photo, on its Twitter feed on its website shows the
'lighter side' of its administrative practices, it has quietly decided
to clsoe several offices thoughout the stae in order to save $300,000 a
year. I have the JPG i nthe likely event the Board changes the website I
think most of us can name three totally-useless commissioners who
departure would speed up the Board's decision making process and easily
save that $300,000 a year.
And whatever time is spent diddling with Twitter can be better used giving us real news.
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October 3, 2013 Vol 250
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Cuomo Vetoes Acupuncture Liberty Mutual Sues NYS
DECISIONS After
its decision on shifting liability in a §25-a case was reversed in 2012
by the Third Dept for failure to explain its reasoning, the Board
finally rewrote that decision and has received an affirmation from that
same Court. And eight new cases have been scheduled for hearing this
month, bring the total of open cases to 11.
NEWSWIRECuomo vetoes acupuncture. Liberty Mutual sues NYS on ending Special Funds. WC fraud in NY is very low. And more.....
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September 26, 2013 Vol 249
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3rd: "Pro-Se doesn't pass the Bar"
DECISIONS After
the Pro-Se claimant argued that his claim was valid even though it was
filed more than two years after the accident, the Court affirmed the
Board's ruling that the SEI's §28 denial of the claim was 'done by the
book'. And no new cases posted yet for October's hearing schedule.
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September 19, 2013 Vol 248
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Court: WCB Improperly Rushed a Decision
DECISIONS Once
again this month, in an attempt to ‘speed things up’, the Board’s
shortcut has resulted in a reversal: this time, the Court ordered the
Board to hold the hearing it had denied in which the Special Fund sought
the testimony of claimant as there was no evidence in the file to
support any conclusion, let alone the Board’s.
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September 13, 2013 Vol 247 |
Another WCB GSIT Boo-Boo
DECISIONS The
Board takes it on the chin again for sloppy work, this time in a GSIT
case, and an immigrant’s legal status is not a bar to medical damages in
a civil settlement which was also a workers comp claim. Six cases await
decisions at the 3rd and two at the Court of Appeals.
RUMINATIONS:
Since the Board does/can/will not give untainted or untweaked
information, it is from the community at large that more realistic
answers will be forthcoming. Hence this week's two questions:
- ROCKET
DOCKET: Other than having emitted a lot of noxious fumes when it first
went off, has this helped or hindered the process in terms of the time
it takes to settle disputes? Or has it created more paperwork without
any equal benefits?
- PPD
TIME LIMITS: Are cases actually reaching the point at which
classifications are made, thus limiting future awards, or are they being
dragged on week after week just to keep the checks going? "Oh, we just
got an updated medical!"
Now
that Vito Lopez has lost his primary race for NYC council and no longer
has an elected position, will he still be able to keep Fenster in
office or has Fenester managed to secure his place on this own? And who
will the next General Counsel? And Chair? Does it make sense that
Munnelly would take a $50K pay cut just for a 'no-show' job as a
commissioner?
There are now updates of the commissioner bios on the BIOGRAPHY web page.
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August 29 2013 Vol 245
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GSIT's: A Court Case & A Commentary 10¢ on the $
DECISIONS Today’s
case marks another milestone in the journey without end, to resolve the
issue of defunct GSITS and to determine, tangentially, the NYS WCB’s
degree of responsibility for this debacle. This decision involves the
Board and three trusts raising various legal complaints against the
trust managers, trustees, an insurance broker, and an actuary.
COMMENTARY Last
week's question about what is a fair GSIT settlement: 10¢ on the $ or
50¢ on the $ has resulted i a number of interesting observation two of
which are quoted at length, buttressed, as usual, by my thoughts on the
subject.
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August 22, 2014 Vol 244 |
Doctor Gets Revocation Revoked
DECISIONS It
has been very quite on the legal front for the last few weeks, with
only one decision being issued, another slap at the Board, this time by
the First Department of the Appellate Court for violating a doctor’s due
process when it suspended him. Raises the prospect that some of the 50+
doctors suspended in the last few weeks by the Board may now have the
justification to also appeal Chairman Beloten’s decisions
NEED YOUR HELP It
has been very quite on the legal front for the last few weeks, with
only one decision being issued, another slap at the Board, this time by
the First Department of the Appellate Court for violating a doctor’s due
process when it suspended him. Raises the prospect that some of the 50+
doctors suspended in the last few weeks by the Board may now have the
justification to also appeal Chairman Beloten’s decisions.
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August 1, 2014 Vol 241
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No Cases But Lotsa News
NEWSWIRE No
new decisions this week. It is the news that is important with comments
on the medical variance decision from the 3rd Department, a town facing
bankruptcy due to a WC claim, higher but not so high rate increases for
WC insurance, and Cuomo’s veto of a law protecting WC reporters.
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July 25, 2013 Vol 240
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Major Decision; The New Commissioners
DECISIONS This
week features what may be the most important cases of the year: Kigin v
NYS WCB. This heavily footnoted 18-page decision from the Appellate
Court, Third Department, addresses several questions raised by the
claimant’s attorney as to the Board’s authority to set and enforce
Medical Treatment Guidelines. Additional cases from the prior week’s I
was ‘treasure hunting’ including affirmances of the Board on §114-a,
continuing disability, legal fees, and late payment penalties. And, once
again the Court affirms that what may be ‘disability’ in one
jurisdiction (in this case WC) may not be in another (NYS disability
retirement benefits).
NEWSWIRE Update on the (finally) two new commissioners and doctor dismissals.
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July 4, 2013 Vol 237 |
Board Splits at the 3rd
DECISIONS The
Board is reversed, again, on its decision on a §15(8)(d) reimbursement
request but is affirmed in a classic §120 discrimination case: "If
injured in an accident, fired but, if just property damage, various
sanction applied."
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June 27, 2013 Vol 236 |
Stress & Collateral Estoppel
DECISIONS While
there was only one decision today, although a split decision, on the
issue of §2(7) stress, today's first posting is a case that had been
affirmed in the Appellate Court but reversed by the Court of Appeals -
it is now set for re-argument, with nine parties joining on the
claimant's side.
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June 23, 2013 Vol 235 Issue 2 |
Commissioners Confirmed, BUT....
NEWSWIRE:
The Governor's office confirmed that late Friday June 21, 2013, the New
York State Senate confirmed the appointments of new new Commissioners
to the Workers Compensation Board.
But the commissioners who were replaced were not whom everyone expected to lose their seats on the Board.
Libous took the 4½ years remaining on Bargnesi's term of office (January 2011 to December 2017) while newly appointed Hull got the last 6 months of Libous' term. Munnelly took the balance of Ferrara's term (January 2012 to December 2018).
This means that Candace Finnegan (detailed in the updated NEWSWIRE) continues to get her $90,200 annual welfare check from the State.
More details and the political ramifications are noted in today's updated NEWSWIRE.
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June 20, 2013 Vol 235 Issue 1
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More Changes in WCB Commissioners
NEWSWIRE With
the annual mad dash to close down for the summer, the New York State
Senate is overwhelmed with a backlog of over 100 appointments submitted
by Governor Cuomo.
These
include the still pending (Thursday 10:00pm) nominations of Ken
Munnelly and Linda Hull, reported here last week, as well as the
completed reappointment of Fran Libous as Vice Chairman and all the
political machinations of who is staying and who is leaving and how many
vacancies are there. Unfortunately, Commissioner Bargnesi, not only a
good friend, but an excellent and highly respected commissioner had her
slot gobbled up by Libous.
DECISIONS No workers comp-related opinions have been issued this week by any of New York many courts.
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June 13, 2013 Vol 234 |
Two New Commissioners Nominated; WCB Wins 2 more
NEWSWIRE As
reported in a Special Bulletin issued earlier today, Governor Cuomo has
nominated two new WC Board Commissioners: Ken Munnelly (WCB General
Counsel) and Linda Hull. They will replace Mona Bargnesi and Donna
Ferrara.
DECISIONS In
the Court’s two affirmances of Board’s decisions this week, one
claimant was found guilty of §114-a fraud while a second claimant’s
innocence or guilt could not be established because of a major
procedural error by the carrier’s representative. And while the 1st
Department rejected an attempt to sue a employer for injuries sustained
while working, the 2ndDepartment found that there were grounds to
continue the case to determine if there was an employer/employee
relationship.
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June 6, 2013 Vol 233 |
WCB +1; Clt loses malpractice; Board's Misfeasance
DECISIONS After
a long string of affirmances, the Court reversed the Board, this time
in a §25-a case. The Board was affirmed in the issue of voluntary
withdrawal from the labor market and a dissatisfied claimant has again
found that failing to find a pot of gold at the end of the WCB rainbow
is not the attorney’s fault. As another example of the Board’s
misfeasance, read my note in the Matter of Schroeder v US Foodservice
(§25-a) neither the carrier nor the Board submitted a brief in its
defense nor did they appear at the Appellate Department hearings. What
an unmitigated, inexcusable waste of time and money and an insult to the
already overburdened Court system when the Board could easily have
issued a Full Board Review sending the case back for further review. But
then again, for too many top executives at the Board, this would be
work.
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May 30, 2014 Vol 232 |
Quietly Winning
DECISIONS A
quiet week at the Third Department with two affirmances for the Board
and one dismissal requested by the claimant, And that’s all she wrote.
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May 23, 2013 Vol 231 |
WCB Wins 3; What is 231??
DECISIONS A 15-decision winning streak continues for the Board with three more
affirmances from the Third Department this week, with claimants, this
week, winning on causal relationship and dependency benefits under the
VFBL while a carrier wins one over the Special Fund on §15(8).
It is hard to believe, as one of my readers pointed out, that this email represents the 231st week
I have been publishing this email and posting legal decisions and other
related stores and commentary about the New York State Workers
Compensation Board. In addition, I have published two books about the
system. it is nice to know that my work has proven of continuing
interest. If you have any suggestions or comments or would like to have
something published, under your own name or anonymously, feel free to
submit it.
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May 16, 2013 Vol 230 |
Board - 5, Claimants - 0
DECISIONS The five affirmances of Board decisions this week by the Third
Department covered a wide range of issues, with claimants on the losing
side in all five: §114-a fraud, causally related death, denial of FBR,
causal relationship, and no awards as loss of income was economically
related.
The
Third Dept. has added five cases to its May hearing calendar giving a
total of 16 cases pending a decision. It is interesting to note that the
oldest of these cases dates back to April 15, 2013, one month ago whereas some appeals at the Workers Comp Board date back to April 2012. But who's counting? Certainly not the Board.
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May 9, 2013 Vol 229 |
GSITs lose again, this time at the 3rd!
DECISIONS In one of the two opinions issued by the Third Department this week, an
appeal of a Board decision to rescind a law judge decision was
dismissed. Issue was whether an injured work was an employee and/or
covered by home owners insurance.
In
a much more interesting case, and a second opinion on the subject in
two weeks on the matter of a GSIT’s manager/administrator’s fiduciary
responsibility, the Court found that the member of a trust has the right to sue the trust’s managers for the Trust’s default.
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May 2, 2013 Vol 228 |
GSITs lose another one at the 2nd!
DECISIONS Although there were no workers comp-related opinions issued this week
by the Third Department (nor any new hearings for May listed), the
Second Department issued a ruling on a GSIT issue, once again putting
the members of defunct trust deeper in the proverbial hole. And I have
added at the bottom of the case some comments from a reader about the
Board and GSITs and WCL §50.
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April 25, 2013 Vol 227 |
WCB Wins 1; Advisors to GSITs lose 1
DECISIONS The one decision issued by the Third Dept this week affirmed the
Board’s ruling that a thoracic back condition was not consequential to
the original work-related injury.
But, more importantly the Second Department found that members of an insolvent GSIT had sufficient grounds to pursue an action against the trust manager, accountants, and actuaries
from failing to properly inform them of the true financial condition of
the trust and their real liability risks as members of the trust.
Unfortunately, to date, no one has inquired as to whether the WCB had
the authority and/or the responsibility with regards to
auditing/reviewing these same trusts. Ahhh, how long will it be before
the WCB is also noted as a party in these cases?!
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April 18, 2013 Vol 226 |
WCB Wins all 3,+ 3 Cases from 1st & 2nd
DECISIONS The Board won all three appeals this week at the 3rd Department, with
one claimant losing in his §114-a claim but two claimants winning cases
in which Board discretion ruled the day: occupational disease and issue
of 30-days notice (§18). In the 1st Dept, a claimant lost his right to
challenge his WC attorney's fee. And at the 2nd Department, both injured
workers were given the right to bring suit for injuries received while
working, with the Court clarifying when WCL does not preclude such
action.
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April 11, 2013 Vol 225 |
No News is Good News
DECISIONS Although the Third Department issued no cases in which the Board was a
party, the Third Department did add 15 cases to its April calendar
bringing the total number to 22 of workers comp related cases awaiting a
decision.
Rumor
has it that the Cuomo administration is now interviewing people for the
Workers Comp Board. So if you're looking for a change of pace, now is
the time to send "IN" your resume. And if you're at the Board, now may
be the time to send "OUT" your resume.
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April 4, 2013 Vol 224 |
Best case this week is from Pennsylvania
DECISIONS Although the Board was affirmed when it denied an appeal as being too
late, the most interesting case this week came from the Workers
Compensation Board in Pennsylvania in which that State’s Supreme Court
wrote a unanimous 28-page ruling finding that the claimant did not
voluntarily withdraw from the workplace: an analysis both interesting
and detailed. No new cases posted this week for upcoming hearings at
either the Third Department or the Court of Appeals.
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March 28, 2013 Vol 223 |
A Moot Appeal raises questions
DECISIONS Although the only decision issued this week by the Third Department was
to find the appeal moot, the case raised an important question about
the function and responsibility of the NYS Workers Comp Board, discussed
in this week’s COMMENTARY. Also,
last week, the Court of Appeals affirmed the Board’s change of heart on
Alford pleas, a posting delayed as a key fact was missing of the
Court’s decision. And an employer/defendant refuses to authorize NYSIF
to pay the awards that have been made to the injured worker.
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March 21, 2013 Vol 222
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WCB Wins 5 but Loses 1
DECISIONS The Board had a reasonably good week (for the Board) at the Third
Department, winning five of six cases, including three §15(8)
reimbursement cases. In the only case involving a claimant, the claimant
lost an appeal asking the Court to find that the decedent’s death was
causally related. The Board was reversed on a §123 issue for failing to
see, or perhaps place value on, evidence that contradicted its own
‘fact-finding’. There was one case at the Court of Appeals which will be
posted Monday. |
March 14, 2013 Vol 221
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WCB Win 3, Loses 2
DECISIONS Although
the Board was affirmed in three decision issued by the Third Department
today, all ruling against the carrier, the Board was reversed in two
cases, again for failure to follow precedent and/or legal procedure,
making a total of six reversal this year (2013), not on legal issues but
the Board’s faulty decision making process..
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March 7, 2013 Vol 220
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Robert H. Hurlbut, R.I.P.
NEWSWIRE I regret to announced the passing of long-time NYSIF commissioner and former Chairman of the Board Robert H. Hurlbut. Details in the NEWSWIRE.
There were no DECISIONS this week.
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February 28, 2013 Vol 219
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Board Wins 2 GSIT Cases
DECISIONS The Board wins in all three cases for which opinions were issued today,
including two separate appeals on GSITs by William Held as Chair of
Contractors Compensation Trust versus the Board’s methods and procedures
for making assessments for the underfunded trusts. And SIF won a case
against an employer for its failure to cover its ‘leased’ employees. And no new cases have been posted by the Third for arguments which are to start again March 18, 2013.
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February 25, 2013 Vol 218 Issue 2
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2012's Top Attorneys
Once again, I am pleased to announce the list of the top workers compensation attorneys in New York, as measured by their success in presenting prevailing arguments before the New York State Court of Appeals and the Appellate Court, Third Department.
Michael J. Reynolds, Esq. Weiss, Wexler, & Wornow PC (NYC)
Reynolds is honored this year for his four prevailing arguments at the Third Department, involving occupational disease, employer/employee relationship, voluntary withdrawal, and SLU payments.
There are seven Honorable Mentions. And, as I have done in prior years, I have listed all those attorneys who prevailed at the Courts this year, as well as one pro-se claimant who prevailed by getting the Court to reverse the Board's decision.
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February 21, 2013 Vol 218 Issue 1
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Board's Loses Again at the 3rd: 50% for 2013
I am pleased to announce The Insider's Top Attorneys for 2012. For the list, click here.
DECISIONS Third Dept affirms Board on one case and reverses it on a second case, a
case in which the Board approved a second claim by the claimant on the
same issue. Not a good start for the year: 10 decisions with five
affirmances and five reversals. For the sessions (September 1, 2012) to
date, the Board has been reversed in 25% of the cases.
COMMENTARY This
week's reversal by the Third Department is one of two opinions it has
issued on a case with two separate appeals to the Appellate Court. In
2012, the Board found that §123 bar did not apply and the Court affirmed
the Board. This week the Board found §123 did apply and that decision
was reversed by the Court. Claimant had two cases with opposing
decisions. Appears last week's COMMENTARY on 'dysfunctionality' may have
been a preview.
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February 14, 2013 Vol 217 |
Board's Valentine from 3rd is BLACK & a Pro-Se wins
DECISIONS Not a good Valentine's Day for the Board,
at least not from the Third Department which has reversed the Board in
its three opinions issued today. And one was an appeal from a claimant.
COMMENTARY As noted in this week's COMMENTARY, if the
Board had any historical perspective, like looking at precedent (in two
cases) and understanding what a date stamp means, the Board would have
made three proper decisions, not been reversed, and saved a lot of
people a lot of time and money, and one claimant a lot of unnecessary
pain and discomfort. So what's new?
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February 7, 2013 Vol 216 |
Fed and NYS Plans for the WCB & SIF
NEWSWIRE The SMART Act just signed into law by President Obama should expedite
the processing of Section 32's and eliminate the Damocles sword of
federal penalties that have been hanging over lawyers and carriers under
the old laws. The New York State Senate has issued a lengthy report on
the Governor's budget plans for 2013. The two pages that relate to WC
issues and NYSIF raids are detailed in this week's NEWSWIRE.
DECISIONS No new decisions have been issued this week by the Third or Court of Appeals.
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January 31, 2014 Vol 215 |
The Board Swings Both Ways
DECISIONS As
evidence that the Board (apparently) decides cases on the facts, in two
§114-a fraud cases affirmed by the 3rd Department today, one claimant
won and one lost. And although another claimant lost a case on the issue
of casually related death, carriers lost two additional cases:
§15(8)(d) reimbursement and mandatory ATF deposits. Interestingly, three
of these cases have been before the Appellate Court before and one
before the Court of Appeals (the appeal was dismissed).
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January 24, 2014 Vol 214 Issue 2
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The Aging of Board Reviews/Appeals
COMMENTARY While the
Appellate Court issues decisions within weeks after hearing a WC-related
appeal, the Board is taking 'forever'. Actually, nearly as long as it
did before the Board computerized. An analysis and the Board's own
statistics are in this week's COMMENTARY.
Some additional numbers regarding the raid on NYSIF in PART II of "Like Father - Like Son".
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January 17, 2014 Vol 214 Issue 1
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LIKE FATHER - LIKE SON
Governor Andrew Cuomo, like his father before him, has decided to take 'surplus'
funds from the New York State Insurance Fund in order to balance his
budget, a detail ommitted in his 326-page State of the State speech.
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January 17, 2014 Vol 213 |
Cuomo Discusses the WCB
DECISIONS Although this first posting for the new year is being done in the third
week of January, neither the Appellate Court - Third Department nor the
Court of Appeals have issued any workers-comp related decisions. But
the Third has listed 13 cases which it has heard in the first two weeks
of this month, whose decisions should be, unlike the WCB, forthcoming
shortly. And there are, as always, motions answered by the Court of
Appeals.
COMMENTARY Governor
Cuomo’s 236 page State of the Union devoted 8 pages to the Workers
Compensation System but offers primarily broad strokes of the pen rather
than any concrete proposals. A quick analysis is on the COMMENTARY
page.
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January 3, 2014 & Jan 10, 2014
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No decisions, no news, no postings |
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