This Week with the NYS WCB

 The Court has issued several noteworthy decisions addressing appeals from Board decisions. (1)  Joseph Kornreich v. Elmont Glass Company & WCB . This claim was established for the neck and back from a 2007 accident.  In 2014, claimant pleaded guilty to promoting gambling in the first degree, a felony. The carrier raised Section 114-a against claimant based on this conviction.  The Law Judge found a violation of this section because claimant had previously denied working on WA-1 forms provided to him by the carrier.  The Board Panel affirmed this finding. The Court agreed, given the transcript of claimant's 2011 guilty plea, stating that he engaged in bookmaking with others, taking in approximately $5,000.00 per day.  The Court took note of claimant's statements that he had a gambling addiction, and that since he placed bets with bookmakers, but was not a bookmaker himself, this could not be considered work.  However, the Court held that this excul...

 Here are some more recent decisions, this time from the Appellate Division, Third Department. James O'Flaherty v. MRZ Trucking Corp. , decided May 13, 2021 This claim was established to the back from 2010 accident.  In 2014, claimant was classified with 81% LWEC.  Continuing payments were made at $600.00 PPD, and claimant was instructed to disclose any change in work status or impairment. On appeal to the Board Panel in 2015, the finding was modified to 30% LWEC, and the rate was reduced to $252.68 PPD.   In the interim, claimant underwent surgery in October of 2015 and requested a change in awards.  At a hearing, payments were increased to $600.00, as of the date of surgery, without expressly designating the rate as temporary total. Claimant appeared at three IME's. none of which found that he had reached MMI.  However, in 2018, an IME physician found MMI at Severity Ranking I.  Claimant was directed to, but did not produce, a permanency evaulat...

 Good Afternoon All. Here are some of the latest decisions of interest from the Board: 1.     CREDIT FOR PRIOR SLU This claim was established to the left ankle and right knee from a 2007 accident.  The AWW was set at $1,200.00, but no awards were made because claimant's lost time was less than the seven-day waiting period. In an earlier claim involving the same parties, there were established injuries to the right elbow and right hip from a 2005 accident.  The AWW was set at $1,100.00 and claimant was awarded a 30% SLU of the right leg, less prior payments and employer reimbursement. In the 2007 claim, an IME addendum dated October 17, 2019 indicated 0% SLU to the left ankle and right knee.  Medical testimony proceeded. The IME physician conceded that MRI findings supported complaints of pain, and that and all three ranges of motion were not noted.  The treating physicians found 10% SLU to the right knee, over and above 30% to the right leg. The WCLJ f...