Five new workers’ compensation decisions dropped from the 3rd Dept today, and this update also provides the scoop on a decision from last week. Troiano v. NYCHA. Here, the 3rd Dept. reversed the Board, which precluded the...more
11/24/2025
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The Appellate Division handed down two decisions on Oct. 30: 1. Angelo v. Southwestern Central School: The 3rd Dept. is still dealing with COVID-19 cases. Here, a school custodian filed a claim and The Board concluded there...more
The Appellate Division handed down five decisions on Oct. 9: Harmon v. Faxton Sunset St. Luke’s Health Care Center Inc: A nurse had a concussion and her nose broken from being punched in the face two times by a patient....more
10/13/2025
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There was only one case by the 3rd Dept. Appellate Division last Thursday regarding workers’ compensation. Here is another bad case on what evidence it takes to establish employment. Claimant, a carpenter assistant, claimed...more
First time in a while the 3rd Dept dropped some workers’ compensation decisions. There were three 3rd Dept decisions on WC cases issued this week....more
9/26/2025
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There were three new 3rd Dept. cases of note from yesterday (two workers’ compensation cases and another relevant case): Hurley v. Lawrence School District. This case would seem to be self-evident. The claimant, a special...more
Four workers’ compensation decisions came down from the Appellate Division Thursday, May 29. It was a mixed bag: two good for defense, two not so much....more
The lone decision from the 3rd Dept today is very harsh. In Matter of Coyle v. W & W Steel Erectors, the 3rd Dept. affirmed the Board Panel’s decision to reject an appeal as late, despite the basis for the appeal being a...more
Attached are three 3rd Dept decisions released Thursday, 5/1/25: Pressimone v. NYCHA. Cautionary tale. Here, there was a deadline set for medical depositions....more
This decision was released by the 3rd Dept. on Thursday 4.10.25: We see this situation happen from time to time. A First Report of Injury (FROI) is initially filed – “Lost Time with No Paid Indemnity” and the Agreement to...more
The WC Appellate Roundup for 3/28/25 is as follows: Augone v. Shop & Stop: Claimant, a grocery store clerk, was found not to have violated Sec. 114-a for a willful misrepresentation when he said to his doctors that he,...more
In Shmulsky v. Hudson Headwaters Heath 3rd Dept., a Covid Vaccine case, it’s hard to believe that the Law Judge initially found in favor of the claimant. On December 19, 2024, the 3rd Dept. affirmed the disallowance of a...more
Last week, three Appellate Division decisions were made that will affect New York Workers’ Compensation matters: 1. Giesselmann v. Rotterdam Steel, LLC CV-23-1921 . This was a good decision from the 3rd Dept., affirming a...more
Big change in New York regarding psych claims, effective January 1, 2025. A WORKER files a claim for mental injury premised upon extraordinary work-related stress incurred AT WORK, the board may not disallow the claim...more
Big New York WC Decision drop today. This week we learn the answers to these questions: Can you catch COVID from working with dead bodies? Is burnout from working at home compensable?...more
From the 3rd Dept on Thursday 11/7/24, there were some relatively good decisions for the defense. Learn more in the blurbs below. In Herrera v. American Badge, a COVID claim was disallowed....more
In this 3rd Department decision, the court confirms a claimant’s right to a standalone SLU, regardless of whether he/she had a SLU previously to that same member. The claimant had a 2015 accident to his right shoulder and...more
The 3rd Department released nine new decisions on various cases in New York Workers’ Compensation. CV-22-2159 Matter of Olorode v Streamingedge, Inc. In this case, the claimant tried to increase his loss of wage-earning...more
The 3rd Department released several key Workers’ Compensation Board decisions this week....more
Matter v. Google 3rd Dept. 9/26/24 CV-23-0719 - In this case, the Claimant was a Google executive who got lost looking for a bus after a work happy hour event in Manhattan when two motorized bicycles hit him crossing a...more
This week, the 3rd Department decided on 3 cases on June 27, 2024. Learn more about each of these cases below. DeWolf v. Wayne County. In this occupational hearing loss claim, the Law Judge initially found for the...more
Winkelman v. Sumitomo Rubber USA (3rd Dept. 6/20/24). This Appellate decision affirmed the Board’s finding of no Section 114a violation. Here, the claimant worked as a tire development engineer. He tripped and fell in May...more
On June 13, the 3rd Dept. released one workers’ compensation decision. In So v. Erin’s Pharmacy, CV-23-1738 (3rd Dept. 2024), the Court held that the Board’s rejection of an outdated RB-89 appeal form was a reversible error....more
This week appeared to be a busy docket for New York workers’ compensation cases. The 3rd Dept. released four opinions on Thursday May 30, 2024. Read their summaries below. Garofalo v. Verizon CV-23-1298....more
The New York Court of Appeals issued a decision last week, clarifying the rebuttable presumption of WCL § 21(1) in work assault cases, particularly in a mass shooting scenario. When an injury happens during work, it is...more