NYS Appellate Court issues Seven Workers’Comp Related Decisions

Former Commissioner publishes summaries of this week’s NYS courts’ decisions on workers’ compensation- related cases.

Online PR News – 18-December-2009 – – Michael Berns, former Commissioner of the NYS Workers Compensation Board and publisher of the website InsideWorkersCompNY, has just posted summaries of the seven cases issued on December 17, 2009 by the Appellate Court, Third Judicial District in which the New York State Workers Compensation Board was a party of interest in five. The five cases to which the Board was a party of interest involved:
• Coverage for hearing loss for an injured worker
• Apportionment of schedule loss of use claim
• What defines proper notice under §18
• Was a §141-a stop work order issued fairly,
• Under what conditions is massage therapy covered under §13 (Reversal)

In the other two cases at this Court, Thomas P. DiNapoli, as New York State Comptroller, represented the two respondents: New York State & Local Police and Fire Retirement System and the New York State & Local Employees' Retirement System. These two cases further clarified the Court’s opinion as to the level at which a medical condition (heart attack, hearing loss, knee and back injuries) becomes work-related, thus qualifying the injured worker for disability pension, just as they would were these two cases workers comp. Just as it does in similar cases in workers compensation, the Court wrote, “We will not substitute our judgment for that of the Comptroller, as the orthopedist's factually-based opinion constitutes substantial evidence supporting the determination in its decision . . .”

The last case, the Matter of Gilpatrick v. State Commission on Judicial Conduct was issued December 15, 2009 by the Court of Appeals which was asked to determine how to define at which point a lazy judge could be admonished for not doing his work on a timely basis.

These eight summaries plus summaries on 138 workers com-related decision issued in 2009 by New York State's Appellate Divisions and Court of Appeals are available for free at www.InsideWorkersCompNY.com.