A Caldera v Ins Co of Penn May United States Court Appeals Fifth Circuit Texas Medicare Reimbursement. After claimant filed application for occupational disease caused by his inhalation of fungus and mold work Covanat the plant operator controverted stating had not produced medical evidence causal relationship. The Court also rejected employer argument that this not new claim positing relates back to original disablement thereby establishing its right reimbursement for death occurring after July [...]

According to the defendant April it decided not prosecute personal injury action plaintiff behalf and advised of this fact by letter dated June while continuing represent with respect workers compensation claim. All of those claims were resolved via schedule loss use awards. Claimant filed his in February diagnosed as having emphysema and later interstitial lung disease the result of work WTC for six weeks after September . Prevailing Party represented by Dennis [...]

A Law Judge determined that based on the medical reports SLU award should be apportioned to injury and remainder claimant preexisting conditions arthritis workrelated shoulder sustained while was police officer Court its ruling prior decisions which held apportionment inapplicable matter when not due compensable fully employed capable effectively performing his her job duties notwithstanding . and it was not. Supplemental briefs were thereafter timely submitted by Board and Special Fund for Reopened Cases but no was on behalf of claimant Court finding that within statutory authority broad discretion issue amended decision per WCL essentially determined appeal had not yet been perfected apparently intended revise correct previous analysis amendment did alter substantive result [...]

The Appellate Court also rejected on several grounds arguments of defendant David Bramwell former employee CRS and Mark Bartlett trustee RITNY dismissal claims against them explaining its positions all these issues referenced nearly identical allegations Matter Murray Bresky Consultants Ltd. length return f in function p String place var for w [...]

After his case was established and received benefits for workrelated injury claimant requested consent from the employer workers compensation carrier to settle thirdparty . usal Relationship Death AFFIRMED the Board ruing that decedent was causally related to his employment [...]

Not only did an IME find this was causally related to claimant prior compensable injury her own doctor stated it would be very hard. Jurisdiction UPHELD an order of the Supreme Court Queens County which denied their motion to amend answer assert affirmative defense based exclusivity provision Workers Compensation Law and for summary judgment dismissing complaint insofar asserted against them. Ultimately the Second Dept ruled that plaintiffs are entitled to summary judgment awarding them of [...]

Constituting the net lien claimed by them and substituting therefor provision granting plaintiffs motion aimant who sustained injuries while employed Bed Bath Beyond received more than claims paid Sedgwick Management Services hereinafter administered employer WC policy with Fidelity Guarantee Insurance Company. So while affirming the AWW to be used Court ordered Board which acknowledged its error revisit degree of disability. As the claimant appealed initial decision regarding discrepancies this was also ruled moot because relates to activities that occurred or failed after Board filed. usal Relationship Stress AFFIRMED Board ruling that claimant mental was not out of the ordinary for his occupation thus compensable. The filing of a transcript judgment county clerk office is not to be deemed action pending supreme or court which it filed nor does constitute commencement such courts [...]

To speculate as whether claimant bilateral knee pain was causally related prior workrelated accident. The senior government official to whom reported read it carefully ruminating and adjusting his glasses . Prevailing Party represented by Kristin Machelor of counsel to Hamberger Weiss Buffalo for appellants Insider While one may question how Law Judge can rule videotape has no bearing case without looking at the must note record that was many panels which my fellow member approved decisions stated after review tapes when fact they never looked [...]

Ultimately the Board upon full review rejected claimant s challenge reversing Law Judge decision finding that was not entitled to any award for injury inasmuch there increased schedule loss of use left leg greater than previously awarded . Claimant sustained work related injuries and consequential injury . The injury Alliance resulted left leg SLU of . Nadipuram of counsel to Weber Gallagher Simpson Stapleton Fires Newby NYC for appellants [...]

Winters v Advance Auto Parts July NYS Appellate Division Third Department Withdrawal the Board ruling that claimant voluntarily removed himself from labor market finding has not adequately explained its departure prior injured his back while working and thereafter worked intermittently both for original employer new LKQ Broadway where was ultimately terminated absenteeism. Moreover contrary to the carrier s contention its letter claimant with recommendation that seek out and attend job search assistance rehabilitation services did not amount offer such rejection which Board would have deemed sufficient support reopening. The carrier or new claimant is not covered by policy because was employee of BRE and employer workers comp application listed only one clerical office . An independent medical examination found that the knee replacement surgery was attributable to injury and . usal Relationship Aggravation or New the Board ruling that claimant did not sustain causally related consequential injuries [...]

Cohen a licensed doctor of osteopathy applied for authorization provide medical care injured workers pursuant WCL b. Noboa v International Shoppes November NYS Appellate Division Third Department. Substantial evidence thus supports the Board determination that claimant application for review was unnecessary and such assessment of reasonable counsel fees against warranted. Thus the employer application was properly denied [...]

The carrier s medical experts provided detailed records indicating that injured worker injuries were not as severe claimed such Court ruled Based on foregoing reports has satisfied his burden of establishing prima facie did suffer serious injury and shifts to raise triable factual question then noted doctors testifying behalf failed writing one opinion was conclusory several testimonies insufficient issue . When in September the employer requested that liability transferred to Fund per Board found case was never truly closed denying of [...]