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So will you please send me the refund. Some areas will not be reticulated so plants need to be very drought tolerant eg. For many decades all higher-level Regents exams were rated, and diplomas issued, in Albany. Jay street fire A Schenectady County jury heard a tale of a narrow escape from a survivor of the Jay Street fire who leapt from a fifth floor apartment to escape the blaze. Additionally made use of the wifi, cable, and electricity to charge all of our devices.
I never thought I'd say that about active shooter situations, but this is. Troy police Chief The city of Troy has a new police chief. Brian Owens took command of the city's police force on Wednesday, promising to lead the city's police out of a tumultuous two years. Jay street fire trial The former building manager of the Jay Street apartment building destroyed in a fatal fire in , took the witness stand on Wednesday , testifying against Kenneth Tyree, the Schenectady city inspector charged with failing to properly inspect the building.
The testimony was part of a plea agreement for Sacks , who pleaded guilty last month to four counts of criminally-negligent homicide will spend 1 to 3 years in state prison.
Jay street fire A Schenectady County jury heard a tale of a narrow escape from a survivor of the Jay Street fire who leapt from a fifth floor apartment to escape the blaze.
Mero sentenced Edward Mero was sentenced on Tuesday to 50 years to life for the murders of two woman whose deaths he tried to cover up in a Coeymans fire.
Percoco trial Todd Howe was back on the witness stand Tuesday, following a weekend in jail after admitting to an act of fraud on the witness stand last week. Howe told prosecutors "I'm in a boatload of trouble.
And the city council issued a joint system condemning the flyers and asking anyone with info about them to contact police. The city's public safety commissioner says the distribution of the flyers violates city code , but isn't a criminal offense.
Trial related to Jay Street fire A review of video and calls from the fatal Jay Street fire that have surfaced as part of the trial of former Schenectady building inspector Kenneth Tyree, which resumes Tuesday. It's one of the main ways the state distributes financial aid to cities. They also say the Cuomo admin's push for local municipalities to share services hasn't been counting the full range of such efforts.
It's probably not good for the prosecution. Does Howe get to wear a suit in court now or will he be in prison clothing? Review of death of man in Schenectady police custody More than a hundred people marched in Schenectady Saturday calling for more information about the death of Andrew Kearse in police custody last May. Kearse's widow, Angelique Negroni-Kearse, says Schenectady police were slow to call for medical help after Kearse reported difficulty breathing following a short foot chase and arrest.
Black Lives Matter of Greater New York is calling for video of the incident to be released to the public. Negroni-Kearse says she was shown the video by the state Attorney General's office, which is investigating the death. SSPD says the flyers were similar to ones distributed last May. Jay Street fire trial During opening arguments in the trial of former Schenectady building inspector Kenneth Tyree connected to the fatal Jay Street fire, the prosecutor said the fire alarm was not working properly two weeks before the fire and that "if the defendant had done his job properly" ahead of the fire four people wouldn't have died.
The defense argued Tyree had not been trained for that sort of inspection and is being scapegoated. Snow Wednesday's snowstorm Brought as much as a foot of snow to areas of the Capital Region, closing schools, canceling flights and keeping tow trucks bus y.
Federal budget deal Chuck Schumer on the bipartisan budget deal struck on Wednesday in the Senate: Teen pleads guilty to murder One of the teens charged with a the shooting death of a Mechanicville man pleaded guilty on Wednesday to second-degree murder.
Snow The snow is underway and area closings have begun. Percoco and ziti Tuesday in the corruption trial of former top Cuomo aide Joe Percoco, star witness Todd Howe testified that he helped Percoco set up a no show job for Percoco's wife in something they called "operation fat man," and that Percoco referred to money as "ziti. Sheehan also delivered a letter to Andrew Cuomo that argues the case. Percoco trial The much anticipated moment: Todd Howe took the stand for the prosecution Monday in the Joe Percoco trial.
Howe, who's already pleaded guilty to multiple felonies, described Percoco as "the closest thing to a brother that I ever had," and detailed he said were efforts to trade Percoco's influence within the Cuomo admin for bribes , or "ziti. Jay Street fire trial Jury selection starts Monday in the trial of Kenneth Tyree , the former Schenectady building inspector facing charges of manslaughter and criminally negligent homicide in the case of the fatal Jay Street fire.
Percoco trial Todd Howe is scheduled to finally take the stand this week in the Joe Percoco trial -- and the defense attorneys in the case have been working to portray him as a liar.
Troy Police Department Two Troy police detectives were indicted Friday on charges related to an alleged covering up of a warrantless search executed by the TPD's drug unit. Their attorneys say they didn't do anything wrong. Said Madden in his state of the city address: Schenectady County jail guard discipline "People familiar with the situation" tell the Times Union that a Schenectady County jail guard is facing a range of sanctions, including early retirement, for allegedly sexually harassing several women on the jail's medical staff -- but he'll be allowed to stay on the job for another 20 months.
Percoco trial A Competitive Power Ventures exec testifying Thursday about an arrangement to pay Joe Percoco's wife for "educational consulting services": Elise Stefanik was not a train. Percoco trial Wednesday in the trial of Joe Percoco: I woke up next to my nephew screaming.
State Assemblyman Angelo Santabarbara, who's a civil engineer, said now could be a good time to do a wider review of potential problem spots. The trial has raised questions about Percoco's use of state-funded office space while he was on leave as Andrew Cuomo's campaign manager.
Complaints about Mechanicville mayor Mechanicville's human resource officer says the city council is hiring an outside attorney to investigate allegations of boorish and harassing behavior by mayor Dennis Baker. Percoco trial Among the sharp directives issued by judge Valerie Caproni to attorneys in the Joe Percoco trial: What you're not entitled to is a tedious defense. Complaints about Mechanicville mayor Mechanicville police have filed a personnel complaint against against mayor Dennis Baker, accusing him of all sorts of intimidating, threatening, boorish, and generally cranky behavior.
Among the specific allegations: Baker contaminated a potential crime scene, called police multiple times a day to report minor traffic violations while sometimes following vehicles as part of a campaign to get more tickets issued, and called an officer's transgender parent "disgusting, weird. Guilty verdict in fatal stabbing A jury found the man accused of fatally stabbing Marc Douglas on Grand Street in Albany last June guilty of second-degree murder.
Richard Quinn -- who's 64 years old -- faces 25 years to life in prison at sentencing. Quinn had been picked up on probation violations in the months before the stabbing , but was allowed to remain free without bail.
The Albany County DA's office is arguing that the case points to shortcomings in Andrew Cuomo's proposed bail reforms. Flu Andrew Cuomo issued an executive order allowing pharmacists to issue flu shots to kids ages The move was prompted by the strength of this year's flu season -- the number of lab-confirmed flu cases around the state continued to climb last week.
Net Neutrality Andrew Cuomo signed an executive order on Wednesday prohibiting state government contracts with internet companies that do not adhere to the principals of net neutrality. Percoco Day two in the corruption trial of Joe Percoco: Sanctuary cities Albany is one of 23 sanctuary cities around the country that could be served with a subpoena by the U.
Department of Justice if it doesn't provide proof that it is complying with Federal immigration law. Prosecutors described Percoco as a powerful, but not wealthy man who traded on "the most valuable thing he owned -- his job, his power and influence in state government.
GE GE's Power unit in Schenectady is reporting that its profit dropped 88 percent in the fourth quarter of So I disagree with Tedesco. For the good of the city, Troy's next police chief should come from somewhere else. No one is here to point fingers. She said the meeting is part of the council pursing an oversight role of the TPD and the mayor.
It's expected to highlight the workings of the state's economic development efforts , and potentially complicate things politically for the governor. But everybody, regardless, deserves fairness and unbiased approach without prejudgment on how their case is handled. McDonald's attorney -- Mark Mischler -- said Troy mayor Patrick Madden's defense of the police department following the report on the Thevenin shooting is "nothing less than traumatic.
The new majority leader is Gary Domalewicz , a year veteran of the legislature who represents a district adjacent to Commisso's in uptown Albany. The switch comes two weeks after the former chair of the legislature -- Green Island's Sean Ward, a Commisso ally -- was replaced by Andrew Joyce. Alexandre of Schenectady is charged with leaving the scene of a fatal accident. Rotterdam police say surveillance camera video from nearby businesses played a key role in leading them to Alexandre's vehicle.
It just breaks my heart. I can't get it out of my head. Recalling the Guilderland quadruple homicide Guilderland police chief Carol Lawlor on the still-unsolved killing of a family of four: I know that it still plays heavily on the minds and hearts of the community, and the police department. He faces years in prison at sentencing. Sentencing in Hadley murder Michael C.
Norton -- the Hadley man who pleaded guilty to second-degree murder for hitting his wife, Sherry Norton, with an axe last May -- was sentenced to 20 years to life in prison. Jeff Klein sexual harassment allegation Jeff Klein has formally asked the state's Joint Commission on Public Ethics to investigate the allegation that he forcibly kissed a staffer outside a Lark Street bar in State Senator Diane Savino, who is dating Klein and was at the bar on the night in question, came to his defense.
Savino says on the night in question, the staffer invited Klein to a Seder dinner , which he declined, in full view of herself and other colleagues. Hit and run trial The defense attorney for Jose Martinez, the man charged with the hit-and-run death of a woman in Washington Park last year, slammed the case against his client based on the fact that two witnesses lied about which of them was driving the car that first struck the victim, then changed their story after a video surfaced.
Oquendo seeks new trial Sentencing for Johnny Oquendo, who was convicted late last year for the murder of Noel Alkaramla, has been delayed while he seeks a new trial.
Saratoga Springs Code Blue shelter The Saratoga Springs zoning board of appeals voted Monday that the city's proposed new Code Blue shelter can be designated a neighborhood rooming house , opening the way for the project to be built on Walworth Street. An attorney for neighborhood opponents of the proposed shelter site say they're considering whether to challenge the decision in court.
The director of the shelter says its been housing 41 people a night for more than four weeks during the recent cold at its current location on Henry Street. Malta Gardens water problems Residents of Malta Gardens showed up at the Malta Town Hall Monday to focus attention on the fact they've been without consistent water service for a week -- a problem that management now says might be extend beyond a water main break.
The indictments had been expected on Wednesday and the delay prompted procedural maneuvering from the DA's office and protests from the defense. Chris Churchill on the service: Review of Albany police handling of alleged rape case Albany acting police chief Bob Sears says the department is reviewing the handling of a case in which, "sources briefed on the case" tell the Times Union, that officers responded to an Albany apartment about an intoxicated woman being abducted, left without making an arrest, and the women alleges she was later raped.
State of the State In a 90 minute State of the State address on Wednesday, Andrew Cuomo laid out his plans for what is shaping up to be a very difficult financial year for the state. The agenda took aim at federal government policies like DACA repeal and tax reform, and included plans to get rid of the tipped wage for hospitality workers, battle sexual harassment , end cash bail for misdemeanors, make voting easier in the state -- setting Cuomo's platform for the upcoming gubernatorial race.
Here's a closer look at six things mentioned in the speech, and here's the full text of the speech. Consumer confidence A new Siena poll says consumer confidence is on the rise in New York. Among the items on the agenda , how to deal with the fallout from Federal policies like the new tax plan and the coming expiration of DACA , overhaul of sexual harassment policies, early election voting and ending cash bail for minor crimes. Here's a list of Cuomo's State of the State proposals.
The men -- year-old James W. White and year-old Justin C. Mann -- were charged with one count of first-degree murder and four counts of second-degree murder.
Attempted murder Two Albany men are facing attempted murder charges for allegedly robbing and shooting a man on Old Hickory Drive in late November. The bill heads for the Senate today. Two more Albany properties may have wrongly received tax exemptions The Albany assessor's office says two downtown parking lots with ties to the Albany Convention Center may have wrongly been granted exemptions over the last seven years , but convention center authorities contend the exemptions are legal.
Allegations against Shawn Morse Colleen Keller, one of the women alleged to have been abused by Cohoes mayor Shawn Morse, has issued a statement pushing back on Morse's claim there was no abuse: It escalated from there. Saratoga Code Blue shelter The Saratoga Springs zoning board of appeals heard arguments during a public hearing Monday night about whether the Saratoga Code Blue shelter should be allowed to operate at a location on Walworth Street.
Opponents are arguing the shelter would violate the zoning for the property. Casino revenue The actual revenues from the new casinos around the state -- and the resulting reductions in local municipal taxes -- are way behind the projections made when the idea was pitched to the public.
Missing woman found in ravine North Greenbush police say a Troy woman last seen very early Sunday was found in a ravine Sunday evening. NGPD says she was found barely conscious and suffering from hypothermia. Mero double murder trial The jury is now deliberating in the trial of Edward Mero for the deaths of Megan Cunningham and Shelby Countermine.
During closing arguments, the prosecution argued there are too many details pointing toward Mero for them to be coincidental. And the defense argued the prosecution lacks hard evidence connecting Mero to the deaths. The victim says he was attacked by four men who stole his wallet, punched him in the face and shot him in the foot and elbow. Albany man charged in shooting Albany police have linked a Schenectady man to a Clinton Street shooting that took place on December 23 of Morse The Cohoes Democratic Committee is backing Shawn Morse in spite of allegations of domestic abuse against the mayor.
Morse held a closed door meeting with committee members on Wednesday night to discuss the allegations as well as economic development issues. Shawn Morse New allegations of harassment and abuse against Shawn Morse have been leveled by the roommate of a former girlfriend. Some officials are calling for his resignation , but Morse denies the allegations and he announced on Tuesday that he has no plans to resign. His announcement, met with applause from supporters. So if it comes out and it's true, for the people of Cohoes, the mayor should step aside.
Much worse for the city, businesses and developers may also stay away for fear of the damage that could come tying their reputations to the embattled mayor. Time for Cohoes Mayor Shawn Morse to make an honorable move and step aside. APD is asking anyone with information contact the department. Steve Barnes on the backstory of the venue. Fights shut down Albany High The Albany school district says there were several fights among Albany High School students during a fire drill toward the end of the school day Thursday and, as a result, the school will be closed Friday as staff review video.
The district says 10 students were arrested and there could be additional arrests -- it also said there were no weapons involved. The incident prompted a large police response -- and many rumors about what did or did not happen.
Double murder trial The trial Thursday included testimony from a man who says he saw Edward Mero in the area where Shelby Countermine's body was found in Coeymans, and testimony from Countermine's father about exchanges he had with Mero around the time Countermine disappeared. Sentencing in Rocks shooting The man who pleaded guilty to the fatal shooting of Wendell Hill during a party at Rocks in Albany on Thanksgiving in was sentenced to 25 years in prison.
Said Hill's mother at the sentencing: The reductions, account for about 18 percent of GE Power's workforce and are mostly expected to affect workers outside the U. Franken Kirsten Gillibrand and Chuck Schumer are among a group of Democratic senators calling for Al Franken to step down in light of harassment allegations. Mero murder trial Employees of the Albany water department testified Tuesday that former employee Ted Mero, on trial for the Arcadia Avenue fire that killed 23 year old Megan Cunningham, boasted a few weeks before the blaze that he could burn a house down without getting caught.
Rotterdam bank robber Police in Rotterdam are searching for the man who robbed the Altamont Avenue branch of the Pioneer Savings Bank on Tuesday afternoon. Body found in Delmar Bethlehem police say they've identified the body found on the slope behind the Hoffman's car wash on Delaware Ave -- an adult woman -- and say there doesn't appear to be any foul play.
Rensselaer County DA Joel Abelove was arranged on charges of felony perjury and two misdemeanor counts of official misconduct in connection with his handling of the fatal shooting of a man in by Troy police. The state Attorney General's office alleges that Abelove withheld evidence from the grand jury that initially reviewed the shooting case, "took the extraordinary step" of granting immunity to the police officer who testified before that grand jury, and then made a false statement to the grand jury reviewing his own conduct.
Body found in Delmar Bethlehem police say a hunter reported on Saturday finding human remains on the hillside behind the Hoffman's car wash on Delaware Ave. BPD says the body was decomposed to the point it was initially difficult to tell much about it. An autopsy is scheduled for Monday. A resident told WNYT that the wind-blown fire looked like "a tornado fire" jumping from building to building.
Authorities allege he was trying to bend metal for a sword in a fire in a barrel in his backyard and the fire got away from him. An assistant police chief called the fire "reckless arson. McLaughlin sanctioned Assemblyman and executive-elect Steve McLaughlin was sanctioned by Assembly Speaker Carl Heastie on Wednesday, for a June incident where he was alleged to have asked a female aide to give him nude photos.
The sanction follows a month ethics investigation into the incident. Chris Churchill makes the case that in this climate of famous and powerful men being called out for sexual harassment, McLaughlin, who won the race for executive before voters were told about the harassment allegations, is the luckiest politician around. Key theft leads to jail lockdown The Schenectady County jail was locked down on Monday, after an inmate stole a set of keys in a sheriff's van.
Without approval from the council, the mayor's budget will still technically take effect in December , and the gap would have to be addressed after the fact. Reuniting Independent Democratic Conference leader Jeff Klein has reportedly agreed to a plan to reunite the conference with State Senate Democrats after nearly seven years apart.
Joe Coffey, head of the Albany Water Department, says the money could cover the replacement of the lines connecting homes to mains -- which he called "a good drop in the bucket. State Senate A group of top state Democratic Party officials are pitching a plan to re-unify the Democrats in the state Senate in order to regain a ruling coalition there. The breakaway Independent Democratic Conference is currently aligned in a coalition with Republicans. If that happens, it would make Brooklyn's Simcha Felder -- a Democrat who caucuses with the Republicans -- the 32nd vote in a chamber otherwise split Albany double murder case The man accused of killing Megan Cunningham in Albany fire and Shelby Countermine in allegedly talked with a date about getting "rid of people" and made other potentially incriminating statements to investigators and inmates, according to docs filed in court.
Gun violence A look at every shots fired incident in Schenectady so far this year and efforts to gun violence.
Absent teachers Bethany Bump: It is hard for residents of established neighborhoods to welcome construction that may alter their ease of life. And it is certainly a good thing when residents want to protect their neighborhoods and demand quality from developers.
But generally speaking, Albany should embrace this wave of new construction and the increasing population density it promises. Accused shooter in Albany death arrested, and dies later in the day Albany police announced Tuesday that they had arrested Taron Robinson , who was accused of fatally shooting Christopher Hardy this past April near First Street and Quail Street.
Troy trash fee The Troy City Council rejected the Madden administration's proposed trash fee Tuesday night -- opponents called it a hidden tax and said the admin lacked a plan for moving the city toward pay as you throw. Schenectady police body cameras Schenectady police are moving toward testing officer body cameras , maybe as early as February. Three other people, including two young children, were rescued and taken to the hospital.
Officials have not yet indicated was caused the fire. Albany budget The Albany Common Council approved the budget with a few changes, including a small reduction in the trash fee for multi-unit buildings and two-percent raise for council members. Troy trash fee Is a year-old plan the way for Troy to move toward a pay-as-you-throw trash system? A trash fee is currently a key issued for the Troy budget.
I'll never be a grandmother. There's no time that can fill the empty space that he's left me in my heart Johnny, God's got a place for you and not in his kingdom. There's a place you will be going below, reserved in Hell. Cuomo admin counsel Alphonso David called the allegation "patently and demonstrably false. Local ethics boards A Times Union review of local municipal ethics boards around the Capital Region "revealed many of the panels meet only 'as needed' and do not update their codes or proactively conduct investigations -- throwing them into a state of dormancy that can last years.
Trial in the death of Noel Alkaramla Update: The jury returned Friday and found Oquendo guilty on all counts , including second-degree murder. The jury in now deliberating in the the trial of Johnny Oquendo -- accused of killing Noel Alkaramla in Troy, stuffing her body into a suitcase, and dumping it in the Hudson River.
During closing arguments, the prosecution admitted its case was circumstantial , but pointed to testimony from neighbors about hearing a thud and seeing a suitcase at the bottom of the steps, video showing a shadowy figure heading to the river, and the testimony of Oquendo's former girlfriend that the suitcase belonged to him.
The defense attacked the credibility of the former girlfriend , arguing her history of mental illness, work as a psychic medium, and possible axe to grind cast serious doubt on her testimony.
Their objection was the removal of the deduction for state and local taxes. The state's Republican delegation pushed back on Cuomo's claims that he had been contact with them and that they told him their leadership were pushing them to vote "yes.
Albany and sanctuary cities Following the feds' warning this week that Albany's "sanctuary city" policies could endanger its federal funding, Kathy Sheehan appeared on Fox News Thursday night to spar with Tucker Carlson over the issue. Albany receives DOJ warning Mayor Kathy Sheehan has been warned by the Department of Justice that Albany's status as a sanctuary city puts the city at risk of losing federal grant funding.
Explosion causes fire at bottling plant Fire officials say an exploding propane tank on a forklift at the Pepsi bottling plant in Latham is responsible for the fire that broke out at the plant at around 5 am. There were no injuries. Shawn Morse Cohoes police say they're turning the investigation of the alleged domestic incident between mayor Shawn Morse and his wife over to State Police.
From a Facebook post by Morse: The commissioners -- John Franck, Michelle Madigan, and Skip Scirocco, who have been opposed to the city changing its form of government -- didn't notify mayor Joanne Yepsen or fellow commissioner Chris Mathiesen of the meeting, and they faced an irked crowd of public commenters at the midday meeting. Bob Turner, who had been chair of the charter review commission, accused the commissioners of using public money to advance their own personal and political interests.
The whole charter review process has been an ongoing drama. Shawn Morse The Times Union reports that Cohoes police responded to the home of Cohoes mayor Shawn Morse Friday morning, and according to a police record, Morse's wife initially alleged to dispatchers that he had grabbed her by the throat and thrown her to the ground. From a statement released by Morse: Gaps in infant mortality Sara Foss is looking at infant mortality in the Capital Region, and notes that Albany County has the highest African-American infant mortality rate in the state -- Oquendo's attorney asked a prosecution witness -- who knew both Oquendo and Alkaramla -- if she and Oquendo had broken up because she had sex with a dog.
The defense then alluded to mobile phone video and photos, the woman said any photos were made after they broke up, and the Oquendo's attorney asked if she needed to see the videos to refresh her memory -- and after a recess -- she ended up taking the 5th.
Geoff Redick has been posting detailed updates of the trial -- along with some explanations about procedure -- on Twitter. AG review of Rensselaer County DA It sounds like the state Attorney General's grand jury review of the Rensselaer County DA's handling of the fatal shooting of Edson Thevenin by Troy police is comparing that case with an earlier case that involved a much longer investigation.
Teen shot in Albany A year- old boy is recovering from an abdominal wound after he was shot on Hunter Avenue in the city at around 4 pm on Wednesday. Guns "All of these mass killings are senseless -- and yet they happen again and again"- - Chris Churchill on the Texas church shooting. Absentee ballots will decide Rensselaer County races Several Rensselaer County races, including the county executive race, will be decided by absentee ballots on Monday.
Saratoga Springs charter reform Saratoga Springs residents will have to wait two weeks for a decision on reforming the city charter, while absentee ballots are counted.
Moving election day to the weekend Paul Tonko is one of the representatives behind a Federal effort to move election day to a weekend. Check with the state Board of Elections website.
So don't forget to flip the ballot over. Albany County sheriff Craig Apple says the man's wife had called worried he might kill himself , and authorities tracked him down at East Greenbush motel where he allegedly had an AR and 50 rounds of ammunition. Apple on the collection of weapons at the man's home: Police also say the total number of guns stolen is thought to be 67 -- and about 20 of them have been recovered.
They are misanthropes jealous of happiness. The Sutherland Springs killer massacred children , for God's sake. Election Day It's Tuesday, as you know: It may not matter if the Common Council race isn't within the margin of the absentees.
Republican tax plan Two provisions of the tax plan unveiled by House Republicans Thursday that will be get a lot of attention in here in New York: All 12 states happen to be states that are so-called blue states. And not that I'm going to succumb to the conspiracy theory, but it's a heck of a coincidence.
Trial in the death of Noel Alkaramla Thursday included testimony from two prosecution witnesses -- and, a described by Geoff Redick, a "chaotic string of objections, private discussions, and long breaks away from the jury. Skidmore graduate killed in NYC attack A Skidmore graduate who was working as a software engineer, analyst and web developer was one of the eight people killed in Monday's attack in lower Manhattan.
Noel Alkaramla murder trial A Rensselaer County Court jury heard the details of Noel Alkaramia's death as opening statements were made in the murder trial of her stepfather Johnny Oquendo. Scrutiny of absentee ballots in Albany A group of current and former local elected officials appeared outside the the state Board of Elections offices in downtown Albany Monday morning to call for an investigation of the use of increased use of absentee ballots in the Albany primary election -- a few of the political figures targeted in the accusations say they were making it easier for people to vote and the allegations are an attempt to suppress dissenting votes.
Police say they don't think it's connected to the recent gun shop burglary in Glenville. Albany police and immigrant communities An important question prompted by an incident in which an Albany police officer allegedly told a person while responding to a domestic violence call, "If you're going to live in this country, you need to learn to speak English": What is the APD is doing to make sure it can communicate with people among the city's diverse array of immigrant communities, some of whom speak languages for which finding a translator might be difficult?
Scrutiny of absentee ballots in Albany A group of forty current and former local elected officials is asking the state Board of Elections and the state Attorney General, and the Albany County DA to look into alleged "wrongful activity in the absentee ballot process" during this year's primary elections in the city and county of Albany. See reporting by Amanda Fries last week about the allegations. It's the second gun store robbery in the region over the past week , following the burglary in Glenville.
New York and the federal budget John Faso and Elise Stefanik were among the 20 House Republicans who voted against the federal budget resolution that narrowly passed Thursday. Both cited the potential elimination of the tax deduction for state and local taxes as a reason for their "no" vote. New York officials -- including Andrew Cuomo and Chuck Schumer -- have been pushing hard against this provision of the Republican tax plan.
Microgrid plant in Sheridan Hollow The New York Power Authority says it will be doing a full environmental impact study on the proposed natural gas-fired cogeneration plant at the state's Sheridan Hollow steam facility that would be used to power a microgrid for ESP and other nearby facilities. The plan is meeting resistance from neighborhood and environmental activists worried about local pollution effects and the use of fossil fuels.
Former regional EPA administrator Judith Enck says the use of natural gas for the plant is "a terrible mistake. Sex offender to stay confined The man who tried to kidnap a Saratoga Springs High School cross country runner in -- and was set to be released from prison today -- will continue to be confined , the the state Corrections and Community Supervision announced Thursday.
The state attorney general's office had filed Thursday morning for civil confinement for the man, and a state Supreme Court issued the order later in the day. Albany mayoral race A look at the three challengers facing off against Albany mayor Kathy Sheehan in the upcoming general election. State to study New York's cancer disparity Andrew Cuomo was in Glens Falls on Wednesday to announce an effort to help reduce cancer in parts of the state where it is highest.
Cuomo said cancer rates are 20 percent higher in Warren County than in New York City, and said researchers will be examining those trends to find the reason for the disparity.
Foam spill Damage from a foam spill due to a fire suppressions malfunction a Commutair hanger at Albany International Airport could cost millions of dollars. Cuomo called it "an attempted death blow" to the state.
And Schumer described eliminating the deduction as "double taxation on the middle class. Teachers and students There's research that indicates that students of colors perform better in school when they have at least a few teachers who are people of color -- yet people of color make up small percentages of the teaching workforce in districts such as Albany and Schenectady.
The rapper said on Instagram that no one in her group was smoking , and attributed their removal to racism she's since removed videos about the incident. Albany police say they could smell marijuana in the hotel, but there was no evidence it came from rooms connected to Cardi B and the decision to have her group removed was the decision of the hotel.
Constitutional convention Surveying the various perspectives on whether voters should vote yes or no on whether to have a state constitutional convention , and the "pretty strange bedfellows" created by the topic. The pitch was hand delivered to Amazon in Seattle. Palace intrigue Steve Barnes reports that sources tell him that the new head of the Palace Theatre " was hired without input from at least a third of its board of directors and without the outgoing director's knowledge that a search for her replacement had been conducted.
Sentencing in Albany murder Gerard Burks -- the man who pleaded guilty to second-degree murder for the beating death of Lori Milks outside the South Mall Towers -- was sentenced to Cyclist hit A cyclist was taken to Albany Med with serious injuries after a crash with a vehicle on Washington Avenue Extension around 5: Albany police say the cyclist has died.
Pedestrian hit in Niskayuana A pedestrian is in critical condition after he was struck by a car on State Street near Balltown Road in Niskayuna on Wednesday night. Albany police chief search Ten months after former Albany police chief Brendan Cox left his post, the city is hiring a search firm to find a new police chief. State and city investigators were prompted to look at Maciag's potential involvement by a Daily Gazette editorial that noted the parallels of Nauman's murder to another case.
Schenectady police oversight The state's highest court ruled Tuesday that Schenectady's public safety commissioner does have the authority discipline police officers. Guns Looking at the number of assault weapons in New York State , its laws about them, and the degree to which they're enforced.
State AG review of Rensselaer County DA A Rensselaer County assistant district attorney who was fired this month testified Friday before a grand jury as part of the state attorney general's office review of the Rensselaer County DA's handling of the fatal April fatal Troy police shooting. Albany County Land Bank A look at the progress of the Albany County Land Bank -- now the second biggest in the state -- and the challenges it faces in its mission to get vacant and foreclosed properties back into productive use.
Amazon The Rensselaer riverfront is one of the sites highlighted in the Capital Region's bid for Amazon's second headquarters. The movie theater project for 1 Monument Square in Troy is off , the Madden administration announced late Friday afternoon. Guilty plea in Rocks shooting The man accused of the fatal shooting at Rocks in Albany in the early morning of Thanksgiving last year has pleaded guilty to first-degree manslaughter.
He faces up to 25 years in prison. He had faced 25 years to life if convicted at trial of second-degree murder. Guilty plea in Hadley ax murder The Hadley man accused of using an ax to kill his wife at their home this past May has pleaded guilty second-degree murder. He faces 20 years to life in prison. Sentencing in fatal crash The Corinth woman who pleaded guilty in the fatal crash that killed her infant daughter -- prosecutors alleged she was under the influence of drugs at the time -- was sentenced to years in prison.
Register to vote Today is the deadline to register to vote for the November election. It's also the deadline to switch your party affiliation if you want to vote in next year's primaries. Howard Johnson's operator charged with sexually harassing employees The operator of the Howard Johnson's in Lake George is accused of sexually harassing female employees over the past year. Jonathan LaRock i s accused of sexually harassing approximately 15 current and former female employees , some as young as years-old.
Special session Andrew Cuomo continues to threaten a special session of the legislature , and some legislators say they are good with that, as long as there is a clear agenda. Shot during neighbor dispute State Police say a Moreau man was shot during a dispute with a neighbor Sunday night -- he was airlifted to Albany Med with serious injuries and is expected to survive.
The neighbor is facing charges of first-degree assault and first-degree criminal use of a firearm. A neighbor says she heard five loud noises that sounded like fireworks. Register to vote The deadline to register to vote for the November election -- or to change your party enrollment for next year's primaries -- is this Friday. Monday is Columbus Day. Some things are closed, some things are not. Check before you go. Two decades for a crime he didn't commit Brendan Lyons talks with Carl Dukes -- the man who served two decades in prison for a Albany murder he did not commit -- about how he was coerced into a statement by Albany police detectives, the despair he felt after being sent to prison, and how he eventually came to some sort of peace with what happened.
Albany fatal shooting Albany police are investigating a fatal shooting on Sherman Street Sunday afternoon map. A man told News10 that he heard four shots.
APD is asking members of the public who might have info to come forward. Albany schools may take students from Puerto Rico Officials from the Albany City School District say the district i s prepared to take in some new students from Puerto Rico while the island rebuilds after Hurricane Maria. Corruption retrials Corruption retrials of Dean Skelos and Sheldon Silver m ay end up playing out during an election year.
Immigrants and farms A look at how complications and uncertainty in the nation's immigration system -- and now concerns about immigration enforcement -- are squeezing New York farms and farm workers. Glenville explosion Glenville supervisor Chris Koetzle said the explosion at Mohawk Asphalt Emulsions Thursday morning -- the second major explosion in a year -- is evidence the facility should move from its location along the Mohawk River.
The company says it's stopped manufacturing a kerosene solution that contributed to the blast. Taking a knee Six Niskayuna High School football players and one cheerleader kneeled during the national anthem ahead of their game with Guilderland Thursday night. Said one of the players to the Daily Gazette: And, yeah, OK, I'm just 16, I'm just a high school senior -- but it's my job, just like it's anyone else's, to be a voice and to speak against those injustices.
I feel like it's my job to speak. Taxes The Cuomo has released projections of how much it figures the proposed Republican federal tax plan would cost New Yorkers if the deduction for state and local taxes is eliminated. Explosion at asphalt plant Schenectady police blocked Freemans Bridge Road this morning after an explosion at an asphalt plant. Two men died last year in another explosion at the plant , and the company was fined by OSHA for safety violations in connection with that incident.
Puerto Rico Andrew Cuomo announced on Wednesday that one hundred New York state troopers will be sent to Puerto Rico and will be deputized to carry out law enforcement activities there. Cuomo on tax reform plan Andrew Cuomo on Donald Trump's proposed tax reform: You have an administration saying I want to cut taxes and now literally they want to tax you on the taxes that you pay. Commisso Frank Commisso Jr. Two displaced in Rotterdam Fire A two-alarm fire displaced two residents of an apartment complex and d amaged a swimming pool installation business in Rotterdam.
Street crime task force Schenectady County leaders announced a Street Crime Interdiction Task Force , composed of officers from the Sherif's Department and municipal police departments, to focus on high crime areas in the county.
Trial in the death of Noel Alkaramla The trial of Johnny Oquendo -- accused of killing Noel Alkaramla in Troy in , putting her body in a suitcase, and dumping it in the Hudson River -- was set to start Tuesday, but it's been delayed until late October in order for the judge to hear arguments over the admissibility of mobile phone location data from a Google service.
Crime The FBI released crime statistics from its Uniform Crime Reporting program for , and they indicate there was an uptick in violent crimes in the city of Albany compared to the previous two years. Skelos conviction overturned A federal appeals court has overturned the corruption convictions of former state Senate majority leader Dean Skelos and his son, Adam Skelos. A breakdown of the numbers.
The Daily's Gazette's tracking of Rivers revenue. Andrew Cuomo on Sunday: South Glens Falls school bus incident The South Glens Falls transgender teen who was ordered off a school bus last week after not complying with an order from the bus driver to sit with the girls: I believe a lot of instances like this come from a place of ignorance. Neighbors reported hearing multiple explosions.
The cause hasn't been determined, but investigators are calling it suspicious. South Glens Falls school bus incident Students on a South Glens Falls school bus came to the defense of two transgender students this week when during an incident captured on video in which the bus driver kicked the two students off the bus. The district superintendent says the bus driver was wrong and "we're going to use this as a learning experience.
Investigation into the mistake showed 9 of 27 properties granted commercial or mixed use tax exemptions did not qualify for the exemption. Algae in Albany reservoir The Basic Creek Reservoir in Westerlo, which is Albany's backup water source, has been affected by an algae bloom that has been a problem in bodies of water around New York State. Albany mayoral primary breakdown Kathy Sheehan took 12 of the city's 15 wards in last weeks mayoral primary , with Carolyn McLaughlin taking two and Frank Commisso Jr, winning just his own ward.
Meyer would have needed an unusually large share of the outstanding absentee votes to make up the election day gap with McLaughlin. Schenectady shooting Schenectady police say a 15 year old was shot in the leg around 10 am in Hamilton Hill map. SPD detectives were reviewing video from the multiple cameras in the area. Police transparency The New York Civil Liberties Union reports that of 23 police departments around the state from which it requested records on topics such as use of force, just one delivered the info without an administrative appeal or lawsuit.
That group of 23 included the departments from the four core cities of the Capital Region. Pedestrian injured in Albany hit and run A year-old man said he was hit by a vehicle while crossing Broadway in downtown Albany Friday afternoon -- then kept going. Albany police say they don't have many details , only that the vehicle was silver.
The man who was hit -- Louis Sanford Jr. Credit agency crackdown The Cuomo admin is proposing stricter state rules for reporting agencies -- such as Equifax -- that would regulate the agencies more like banks and insurance companies. Lawsuit over Albany wrongful imprisonment Two men wrongfully convicted of an Albany murder -- and who spent almost two decades in prison as a result -- are suing the city of Albany a group of former Albany police detectives alleging police used fabricated evidence and coercion to get incriminating statements.
Jay Street fire Investigators have street surveillance video that allegedly shows Schenectady city code inspector Kenneth Tyree at a different location for some of the time that he's said he was at the inspection for Jay Street -- and at a pre-trial hearing Thursday an agent of the Bureau of Alcohol, Tobacco, Firearms and Explosives testified that Tyree told him didn't have an explanation. Tyree faces multiple charges related to the inspection of the Jay Street building and the fatal fire there.
Watervliet firefighter and police officer facing possible discipline A Watervliet firefighter and police officer are both facing possible disciplinary action -- and the firefighter a harassment charge -- after an incident involving a third man outside a Stewart's that allegedly involved a thrown cup of hot coffee. The third man tells News10 the dispute is a tangent via Facebook of the situation surrounding former Watervliet police officer Joshua Spratt. Unsettled Albany council races Judd Krasher is holding out for absentee ballot totals before admitting defeat in the 11th Ward primary election.
Incumbent 3rd Ward Councilman Ron Bailey says he'll be continuing to the general election on the Working Families and Independence parties' lines.
Charges dropped in double homicide A judge has dismissed all charges against the suspect who was alleged to be the ring leader in the killings of two Troy roommates earlier this year, saying there was not sufficient evidence to support the indictment of 27 year old Cresencio Salazar.
Here's a look at more of Tuesday's Albany primary results. McLaughlin told a a crowd she still believed in a bright future for Albany but said it couldn't be business as usual. Only two votes separated the candidates in Albany's Green Party mayoral primary.
McLaughlin declared victory Tuesday, but Meyer didn't concede. Check with your county Board of Elections website here's Albany County. Primary Day Primary Day is Tuesday: Don't know what's on the ballot Tuesday for where you live -- or where to vote? Check with your county board of election website. Rensselaer County exec election The recently surfaced recordings of an argument between Steve McLaughlin and a member of his state Assembly staff were one of the big topics during a Spectrum-hosted Rensselaer County executive Republican primary debate between McLaughlin and deputy county exec Christopher Meyer.
Habitat looking at West Hill Habitat for Humanity Capital District is looking at the possibility of a large mixed-use project in Albany's West Hill neighborhood similar to the recent Habitat project in Sheridan Hollow. Schumer on DACA repeal Chuck Schumer said Wednesday that Donald Trump's decision earlier this week to repeal DACA, was " As heartless as it was brainless'', and expressed guarded optimism that congress would be able to come up with a legislative solution to avoid mass deportations.
NY leads lawsuit over DACA A federal lawsuit filed Wednesday on behalf of government watchdog group Common Cause, alleges New York's longtime practice of purging voter roles to remove inactive voters is disenfranchising tens of thousands of voters.
The NYS Attorney General is investigating an alleged inflated lease for a company that later received some lucrative state contracts. Siena Poll A new Siena poll shows 59 percent of voters statewide believe confederate monuments should stay up. In the same poll, fifty percent of voters statewide gave Donald Trump an F for his handling of Charlottesville, and, by a slim margin, voters polled oppose giving neo-Nazi and white supremacist groups permits to hold marches , and shows him with a 29 percent favorability rate in NY.
Abelove A grand jury will investigate Troy D. Joel Abelove's handling of the police shooting of Edson Thevenin following a car pursuit in April of DACA If the Trump administration proceeds with a floated plan to end the Deferred Action for Childhood Arrivals program -- who covers undocumented immigrants who were brought to the US as children -- Andrew Cuomo and Eric Schneiderman say that New York State "will sue to protect the 'dreamers' and the state's sovereign interest.
Claimant sought more intensive treatment after his pain worsened in , but no physician drew a causal link between the condition and his employment until he raised the issue with his physicians at a friend's urging.
An orthopedic surgeon who treated claimant further testified that claimant gave conflicting accounts as to how he had aggravated the condition in and that claimant's spinal and shoulder problems could have resulted from degenerative changes. The Board was free to reject this less-than-compelling medical evidence as incredible and, as such, substantial evidence supports its finding that claimant did not show the existence of a causally related occupational disease.
After a work-elated back injury resulted in the claimant leaving the nursing profession because of her moderate, permanent partial disability and began working in a delicatessen, at a lower wage. Upon claimant's application for review, the Board increased claimant's degree of disability and concluded that her wage loss benefits should be based upon her actual reduced earnings from the delicatessen where she now works, as opposed to her degree of disability, and adjusted her weekly awards accordingly.
The Court of Appeals has repeatedly explained that, for claimants who have demonstrated that they remain attached to the labor market, "where actual earnings during the period of the disability are established, wage earning capacity must be determined exclusively by the actual earnings of the injured employee without evidence of capacity to earn more or less during such disability period.
As the result of a work-related automobile accident, claimant successfully filed a claim for injuries to his the neck and back later that year, with claimant directed " to submit medical evidence for all additional sites claimed. In April , after alleging that he had sustained mental injuries as a result of the incident, that claim was combined with his case which was amended to include consequential posttraumatic stress disorder, depression and anxiety.
The claimant did return to work but suffered from various stress issues on his return, all of which were clearly delineated by his treating psychologist who stated in no uncertain terms that those conditions flowed from the May incident. Racketeer Influenced and Corrupt Organizations Act. The Insider September 18, This case has been posted because there are a number of very unhappy injured workers who feel that the NYS workers compensation systems, i.
This decision basically tells them that seeking redress through the federal courts will not work. That is an overstatement. Email the Insider with your c omments and questions. The Court noted in a footnote that: I have sent an e-mail to the law firm inquesion asking about the continuing to appel Board decisionson this issue and will print their response next week.
One year after receiving an award based upon her claim that work-related stress caused her to develop an adjustment disorder with mixed depressed mood and anxiety and chronic emotional stress, she sought to amend her claim to include causally-related cardiac conditions of hypertension, mitral and tricuspid heart valve insufficiency and an enlarged left atrium. The result of several hearing found no further causally-related disability and no entitlement to payment for intermittent lost time.
He further opined that the minimal mitral and tricuspid valve insufficiency levels evidenced in claimant's echocardiogram report were normal, as such trace conditions are commonly found in most people. Finally, he opined that claimant's enlarged left atrium could not have been caused by stress or psychological factors, based upon the results of the echocardiogram.
As to the request for intermittent lost time benefits, the claimant had been taking off an entire day for a minute appointment, which her psychologist said could have been scheduled for later in the afternoon. The self-insured employer SIE asserted that she had staged the fall. A Law Judge, after conducting hearings and viewing video footage of the incident, established the claim.
The employer alleged that claimant misrepresented the degree of his disability. After several hearings, decisions by Law Judges, Board panels, and a full board review, it was determined that while the Fund does not have standing "t o litigate the primary issues of compensability of the underlying claim for benefits " or " to reopen a claimant's case and contest the compensability of the claim, " it does have standing with respect to proceedings involving claims against the Fund.
Singer of counsel to the Special Funds. The plaintiff was assigned by TemPositions to Columbia University and, while walking to the coatroom where she was working, tripped and fell.
Columbia University established its prima facie entitlement to judgment as a matter of law dismissing the complaint through the deposition testimony and affidavit of the general manager at Columbia and the affidavit of TemPositions' chief executive officer, that the defendant controlled and directed the manner, details, and ultimate result of the plaintiff's work. The defendant also had the authority to discharge the plaintiff, and the work she performed was in furtherance of the defendant's business.
In addition, the plaintiff, at her own deposition, the transcript of which was submitted by the defendant in support of its motion, stated, inter alia , that TemPositions told her where and to whom to report, but that the defendant's supervisors instructed her on her work duties. Thus, the defendant established, prima facie , that it was the plaintiff's special employer.
It therefore cannot be the exclusive remedy. However, the critical distinction in this case is that the motor vehicle accident involved vehicles operated by coemployees. The prescribed SUM endorsement language at issue is plain and unambiguous.
Indeed, as noted above, the standard form for SUM coverage was promulgated in order to "eliminate ambiguity, minimize confusion and maximize its utility. In the overwhelming majority of those decisions, all interpreting similar "legally entitled to recover damages" policy language, the courts have concluded that, because of workers' compensation exclusive remedy provisions, a plaintiff is not entitled to uninsured motorist benefits.
Here, pursuant to the plain language of the SUM endorsement, plaintiff is not "legally entitled to recover damages" from the owner and operator of the offending vehicle because of the status of the operator, Cathlyn Haggerty, as plaintiff's coemployee. Claimant, a police sergeant, filed a claim for workers' comp benefits asserting that he suffered a work-related myocardial infarction December 18, , first experiencing mild symptoms while exercising that morning and that, after ascending a flight of stairs at work, he began experiencing shortness of breath, chest pain and arm numbness.
His subsequent visit to the hospital showed he suffered a myocardial infarction. The Board ultimately ruled that the infarction was precipitated by the stair climbing, and that it constituted an accident arising out of and in the course of claimant's employment. As the two cardiologists who participated in this case opined that the stair climbing at work acted to trigger a myocardial infarction and no medical evidence was presented to call the opinions of those physicians into question, substantial evidence in the record supported the Board's determination that claimant's myocardial infarction was causally linked to his employment.
After the claimant testified in that she had not worked for anyone in any capacity during the time following her injury, the carrier presented surveillance videos and a written report prepared by a private investigator reflecting claimant leaving her home, driving to a chiropractor's office and remaining there for several hours, wearing a uniform bearing that office's logo, and running errands with other people from that office.
The Court agreed that this constituted substantial evidence supporting the Board's determination that claimant was working after her injury and concealed her employment for the purposes of receiving benefits. The employer conceded, however, that it did not raise this issue either before the WC Law Judge or in its initial application for review by the Board panel, and the Board did not address it.
In both cases, ' claimants ' appealed, challenging both the denial of venue transfer and the penalty. In fact, these two cases bring to a total of three that have been argued, and lost, on this one issue by the Law Offices of Joseph Romano, since December of last year.
After the claimant had obtained benefits, she and the carrier stipulated that claimant had sustained a permanent partial disability and had not voluntarily removed herself from the work force, with a decision to that effect issued in Several years later, an IME found claimant capable of working with restrictions.
The Board, noting its departure from prior precedent, held that " a claimant's failure to respond to a work search inquiry without something more may not constitute sufficient evidence of a triable issue of fact upon which a reopening may be based.
If this case appears familiar, it is. The petitioning law firm, the Law Offices of Joseph A. Claimant was an employee of Alitalia until his position was eliminated as part of a staff reduction program at which time he was hired by Swissport to, in effect, perform for Swissair exactly the same duties under the same manner of supervision and work rules. The employer ILT is a tutoring referral and billing service that provides in-home tutors to clients seeking assistance with school work and test preparation.
After being assessed for unemployment insurance contributions on behalf of the tutors, ILT countered that its tutors were independent contractors. Claimant injured his back while working and thereafter worked intermittently both for his original employer and at a new employer, LKQ Broadway where he was ultimately terminated absenteeism. After he ceased working and received unemployment insurance benefits, a Law Judge concluded that his separation from employment was due to his compensable back injury and that he did not voluntarily withdraw from the labor market.
A Board panel, in a split decision, reversed the Law Judge and on Full Board Review, determined that claimant's awards must be rescinded, finding that claimant failed to produce sufficient evidence of an attachment to the labor market. Nevertheless, "even though there is in the record substantial evidence to support the determination made," the Board's "failure to conform to [its] precedent will. Although the Board found that the claimant was actively participating in a search with One-Stop, because claimant did not provide documentation of his participation, the Board concluded that he failed to adequately demonstrate attachment to the labor market.
Under these circumstances, the Board has not adequately explained its departure from its prior precedent. Accordingly, the decision of the full Board must be reversed and the matter remitted to the Board for further proceedings. Claimant sought psychiatric treatment shortly thereafter and successfully filed a claim for posttraumatic stress and adjustment disorder. The employer argued that the verbal threat could not give rise to a compensable stress claim, noting mitigating factors such as the presence of others in the operating room and claimant's familiarity with the surgeon's " difficult " personality.
However, the Board determined that claimant's uncontroverted psychiatric diagnoses were caused by the incident, and that, threats of physical violence made by her supervisor constituted greater stress than that which normally occurs in similar work environments. Inasmuch as such determination is supported by substantial evidence and this Court cannot "reject the Board's choice simply because a contrary determination would have been reasonable," it must be upheld.
While working as an assistant store manager, he made a telephone call to a coworker at her home to discuss a work-related matter. Following that telephone call, the coworker's husband became convinced that claimant and the coworker were engaged in a romantic relationship, prompting the coworker's husband to undertake a course of threatening and harassing conduct against claimant, culminating in an unsuccessful murder-for-hire plot against him.
Additionally, the coworker's husband contacted claimant's supervisor regarding the alleged affair, which triggered an internal investigation by the employer and ultimately resulted in claimant requesting a transfer to another store. As a result, claimant's preexisting posttraumatic stress disorder was exacerbated to the point that he was unable to continue to work. Claimant the successfully filed a claim for workers' compensation benefits, affirmed by a split Board panel and a Full Board review.
Here, the work-related phone call from claimant to his coworker's home was the basis for the subsequent harassment of claimant at his place of employment, the employer's internal investigation and claimant's request for a transfer, all of which exacerbated claimant's preexisting stress disorder.
And since the record revealed no connection between claimant and the coworker's husband outside of claimant's work-related duties, the Board properly found the required nexus between the threatening conduct that exacerbated claimant's preexisting condition and claimant's employment.
Joseph of counsel to James A. In , claimant's husband hereinafter decedent was found to be permanently partially disabled due to injuries to his lungs and he received benefits until his death in The Court agree with the Board that substantial evidence was represented by the decedent's death certificate listing the immediate cause of death as sepsis, as a consequence of respiratory failure and a C medical report completed by decedent's physician of 20 years, who most recently saw decedent in June , opined that decedent's death was caused either directly or indirectly by his work-related illness.
In , plaintiff determined that the Trust was insolvent and assumed its administration. Several appeals and cross appeals were made by all the parties regarding leal fees how much and by whom. After claimant suffered compensable injuries, he was awarded a schedule loss of use and the case closed in Thereafter, his condition deteriorated and, in September , his orthopedic surgeon requested authorization to perform surgery, a request which, because the carrier did not respond within 30 days, was approved, in November , by WCB Chairman issuing " an order stating that such request is deemed authorized.
In March , a Law Judge shifted liability to the Fund effective , but held that the carrier remained liable for the surgical costs due to its failure to properly administer the request for authorization. The Court ruled that: Here, the employer entered into an agreement with claimant on December 30, that permitted claimant to retain the proceeds of the third-party action in exchange for, among other things, his forbearance of future indemnity benefits.
In our view, these proceeds constituted a lump-sum payment for purposes of the statute. Thus, because the settlement agreement effectively " disposed " of the employer's obligation to pay future indemnity benefits in exchange for claimant's retention of a lump-sum payment from the third-party action, application of the statute is appropriate to bar transfer of liability for future medical benefits to the Special Fund.
The Court reversed the Board, sending the case back for the Board to calculate the date to which the amount paid in the settlement would extend? Claimant was not registered or affiliated with any volunteer organization or agency during the course of these two days, and he did not aid in the rescue or recovery operations after September 12, A Board panel, citing the definition of "first response emergency services personnel " as set forth in the final revised Order of the Chair No.
In reversing the Board, the Court summarized its position: Accordingly, the Supreme Court properly denied the defendants' motion for summary judgment dismissing the complaint. Benefits were awarded and, then, rescinded August 28, by a Board Panel.
A year later, on August 14, , a Law Judge awarded benefits for January 21 to April 1, but omitted mention of the 9-month period. However, this contention ignores the fact that, pursuant to the August 28, WCLJ decision, compensation for the period between February and October had been held in abeyance and was, as of yet, unresolved.
Although the employer further argues that the case should have been considered truly closed because no further evidence was submitted regarding the periods held in abeyance, that contention is belied by the fact that the employer itself affirmatively addressed the issue in January , evincing the fact that said compensation was still at issue.
Accordingly, we find that substantial evidence supports the Board's decision that the case was never truly closed and, thus, transfer of liability to the Special Fund would have been premature.
Singer of counsel to the Special Funds and Iris A. After the claimant was classified with a permanent partial disability due to a left shoulder injury, the carrier leaned that the claimant suffered from, among other things, preexisting hypertension and degenerative disc disease.
Singer of counsel to the Special Funds Conservation Committee, respondent. Claimant, an insurance salesperson, sustained compensable injuries to her head, neck and back from a fall at work, retiring at the end of that year and, in , was diagnosed with Parkinson's. She sought to amend her claim adding consequentially related Parkinson's and seeking post retirement benefits.
The WCB determined her disease was unrelated to the accident and that she had retired voluntarily. Claimant admitted never informing her employer that she was unable to work, never received medical advice to retire, and made no effort to seek a disability retirement pension. The Court concluded, " Thus, despite the existence of evidence that may have supported a different result, we find the Board's determination to be supported by substantial evidence.
Although claimant testified at length about his many disabilities, limited lifestyle, etc, evidence showed this not to be true. In both cases, the claimant, on an undated form on his counsel's letterhead, requested that hearings on his claim be conducted in the City of White Plains, Westchester County for convenience even though the claimant did not live in that county nor was injured in that county.
If this cases appears familiar, it is. On December 19, , the 3rd A. The carrier consented to the settlement upon the understanding that the carrier's lien for past benefits paid would be satisfied out of the settlement proceeds, and that it would have "a credit for any future benefits owed the claimant until the proceeds of the recovery are exhausted" The Law Judge found that he could not make a proper award without a signed closing statement that indicated the date of payment in the third-party action, and directed claimant to produce that document.
Claimant sought Board review of the Law Judge's decision, but did not assert that the Law Judge erred in requiring a signed statement and, indeed, filed one shortly after the decision was issued.
The Court then added a footnote: The Court previously reversed the Board on this same issue in this case on March 14, AD3d , . When the carrier appealed that decision, this Court reversed the Board, holding that past Board decisions had permitted a carrier to begin taking its credit for a third-party recovery as of the date of consent — when such right was specifically reserved in the consent letter — and that the Board had not provided a rational basis for departing from such precedents, rendering its decision arbitrary.
The Court again reversed the Board, noting among its many objections, the following: Although claimant sustained a work-related injury to her right shoulder in and experienced pain in that shoulder, it was not until she underwent surgery to repair a rotator cuff tear. When a Board panel affirmed, it assessed a penalty against claimant's attorney for seeking review without reasonable grounds. Thus, substantial evidence in the record supports the Board's finding that claimant's knee injury was a direct, not a consequential, injury.
After hearings regarding permanency and degree of cognitive impairments, a Law Judge expanded the claim to include a left eye injury, traumatic brain injury, and encephalomalacia, and then credited medical evidence that claimant had sustained a permanent total disability. In December , claimant, a production laborer in a food processing plant, suffered a work-related knee injury.
Claimant argues that the Board erred in relying solely upon her level of medical impairment and failing to consider vocational factors in determining the compensation rate for her temporary disability during the week period following the IME. The Court noted that since this is primarily an issue of statutory construction and analysis, the Board's interpretation is not entitled to deference.
Prevailing arguments presented by: Because the loss of business, as the result of an action seeking the collection of the pro rata share of the deficit assessment or as the result of a potential stop work order, is an imminent risk that is " impossible, or very difficult, to quantify ,' " we conclude that the court did not abuse its discretion in determining that petitioners established by clear and convincing evidence that there is a risk of irreparable harm.
The orginal motion and the Court's page decision issued October 21, to accept it can be found here. Decedent collapsed while working as a laborer at a construction site, and was later pronounced dead at the hospital. Just returning from a lunch break, the decedent bent down to pick up a pipe, collapsed without warning, and was taken to a hospital where efforts to revive him were unsuccessful.
An autopsy later determined that decedent had a massive cardiomegaly, or an enlarged heart. Nash attributed evidence of decedent's lack of sleep as a contributory factor, but did not rule out decedent's work as playing a role in his death.
Claimant, a senior court officer, was injured shortly before the beginning of his work shift when he slipped and fell on ice. The incident occurred on a public sidewalk that he was traversing to reach the government center after parking his car on the street. Although a Law Judge established the claim, a Board panel denied his ensuing application, finding that his injury did not arise out of and in the course of his employment.
Although "[a]ccidents that occur on a public street away from the place of employment and outside working hours generally are not considered to arise out of and in the course of employment" , as this accident occurred near claimant's place of employment, his claim falls within " a gray area where the risks of street travel merge with the risks attendant with employment and where the mere fact that the accident took place on a public road or sidewalk may not ipso facto negate the right to compensation.
While the public sidewalk here was near the government center, it was open to the public and there was no showing that it was " otherwise controlled by the employer, that workers were encouraged to use it or that it existed solely to provide access to the workplace. The ice on the sidewalk, moreover, constituted "a danger that existed to any passerby traveling along the [sidewalk] in that location" and bore no relation to claimant's employment.
Prevailing argument presented by: Decedent, suffering from severe scoliosis, had since childhood fixation rods surgically installed to stabilize her spine. In , she fell down a flight of stairs while working, suffering back injuries. The fixation rods appeared to be intact in X rays taken immediately after the accident. However, after subsequent X rays taken eight months later showed that one of the rods had broken, she requested authorization from the Board for surgery to remove the broken rod and take other steps to restore spinal stability.
The Board credited the surgeon's testimony which, despite medical evidence to the contrary, provided substantial evidence for finding a causal link between the work accident and subsequent back surgery. His failure to file C-4's during his detention was excused as he submitted C-4 forms indicating treatment for his established injuries prior to and immediately after his immigration detention.
He also provided medical records reflecting continuing symptoms and treatment for his work-related injuries while he was detained. Thereafter, claimant's attorney sought to amend the claim for additional sites, submitting a report from Dr. Ultimately, the Law Judge granted a posthumous SLU award to claimant's widow based upon the medical report.
When the carrier appealed contending that such award was not supported by substantial evidence, aa Boad panel agreed, reversing the Law Judge, The Court agreed, findings that " [t]hough the Board may not fashion its own expert medical opinions, it may reject medical evidence as incredible or insufficient even where. After having been approved to receive home health aide services 10 hours per day, claimant's sister began providing these services.
In dismissing the appeal the Court found that the claimant was receiving the approved home health care and the only issue was the rate of pay. At different points between and January , WCB deemed each of the trusts insolvent and assumed their administration. WCB commenced this action, as the governmental entity charged with administering the state's workers' compensation system and as successor in interest to the trusts, asserting causes of action for breach of fiduciary duty, breach of contract, aiding and abetting breach of fiduciary duty, fraud and unjust enrichment.
Supreme Court partially granted the motions. This Court found that " [t]he cause of action for aiding and abetting breach of fiduciary duty is premised on SGRisk's knowledge of the fiduciary duties owed by CRM and UHY to the trusts, and allegations that SGRisk intentionally continued to underestimate the trusts' future claims liabilities with the knowledge that this would aid and abet breaches of fiduciary duty by CRM and UHY.
Because the allegations of fraud perpetrated by SGRisk are essential to this claim, a six-year statute of limitations pursuant to CPLR 8 is applicable, rendering the claim timely. Thereafter, by decision and amended decision, the Board granted a subsequent request by claimant that it consider new medical and scientific evidence submitted by claimant regarding the causal connection between his illness and exposure the toxic chemicals.
After a work-related back injury was established and claimant classified as permanently partially disabled, claimant was paid intermittent lost time benefits covering periods between and and, in January , his case was closed.
Scotti , Consolidated Edison Company of N. In supporting the Board interpretation of the medical evidence, the Court wrote that, "[W]hile the Board cannot rely upon expert opinion evidence that amounts to nothing more than pure speculation, the Workers' Compensation Law does not require that medical opinions be expressed with absolute or reasonable medical certainty.
All that is required is that it be reasonably apparent that the expert meant to signify a probability as to the cause and that his [or her] opinion be supported by a rational basis.
Claimant filed for comp benefits alleging that work-related stress caused her to develop depression, anxiety and posttraumatic stress disorder. Suffering from a work-related injury and receiving compensation, claimant or, at his behest, his wife represented that he was not performing any unpaid work in several questionnaires submitted to the carrier and independent medical examiners, testifying to this in front of a Law Judge.
Claimant's husband hereinafter decedent , after repeated exposed to asbestos in the course of employment, had his claim established in , finding him to be permanently partially disabled by asbestos-related pleural disease. After decedent passed away from lung cancer and congestive heart failure in , claimant successfully sought survivor death benefits. After the employer sought reimbursement for the death benefits from the Fund, which required a showing that decedent's "lung cancer [was] causally related to, or was precipitated by, a dust disease such as asbestosis" , the Board determined that reimbursement was inappropriate because decedent's underlying claim had not been established for asbestosis.
After the employer sought to reopen decedent's claim for workers' comp benefits to include a diagnosis of asbestosis, as well as to establish the death benefit claim for that condition, the Board 1 denied the employer's request to reopen decedent's claim as untimely and 2 determined that, in any case, there was no proof connecting decedent's lung cancer to asbestosis.
The Board had found that it was the employer who successfully fought to prevent the claim from being established for asbestosis. Claimant, who worked as a bond trader on the 84th floor of the WTC of September 11, , had a brief absence from work as a result but returned to work in the same capacity for other firms, then was a principal in a bond trading firm. In , after a move into the financial services field and a corresponding reduction in income, he filed a claim for workers' comp which was established in for work-related posttraumatic stress disorder PTSD with a reduced earnings award as of January 1, and continuing.
Accordingly, the record does not demonstrate that claimant's withdrawal from his former profession was involuntary, particularly in light of the fact that he engaged in the profession for more than seven years following the events that precipitated his condition and does not claim lost wages for most of that period.
Visic successfully argued that Board, in denying his request to reopen his case, simply ignored the only medical evidence in the file, evidence which supported the claimant.
Claimant, injured in and classified with a marked permanent partial disability, sought to reopen his claim in July via the submission of medical reports opining that he was now totally disabled. When the Board originally denied his application on the grounds that he had failed to submit new evidence of a change in his medical condition, this same Court reversed, finding that claimant had sought to introduce new evidence but had been denied the opportunity to do so.
Pervailing argument presented by Neven Visic representing himself on his own behalf. In declining the request, the Board found that carrier's letter and claimant's alleged failure to respond, standing alone, were insufficient to warrant a reopening of the claim. Equally important, the Board noted that its finding was a departure from prior decisions , explaining that those decisions had not accounted for the heavy burden placed upon carriers seeking the suspension of benefits in previously closed permanent partial disability cases pursuant to 12 NYCRR Finally, we disagree with the carrier that the Board impermissibly departed from its earlier decisions, inasmuch as it acknowledged such a departure in its October 20, decision and clearly set forth its reasons for doing so.
I consider this a seminal case on the issue of voluntary withdrawal from the labor market as Robert Grey has argued years that the Board has been too quick to find for carriers. He has apparently raised some key points which has prompted the Board to reconsider its positions and redefine its standards, for a start, in cases in which claimants have been classified PPD.
After claimant was injured in working for the employer at a construction site in New York and applied for benefits, a dispute arose as to whether his accident was covered by NJMIC's policy. A Law Judge determined that the policy did cover the accident as New York was not included in a list of states specifically excluded from coverage on the declarations page submitted by NJMIC, and an attempt by NJMIC to amend the policy to add New York to this list about a month before claimant's accident was ineffective: NJMIC argued that claimant's accident was excluded from coverage under the "limited other states' insurance endorsement " that confined the policy's New York coverage to temporarily assigned New Jersey employees.
However, no such provision was included in the endorsements that NJMIC supplied; further, despite NJMIC's claim that the limitation was part of the policy's "Other States Insurance" provision, that section of the declarations page merely stated that "Part Three of the policy applies to" covered states — without describing Part Three's contents or mentioning the conditions that it purportedly contains — and Part Three itself was not provided.
Claimant's counsel, whose client lives in and filed his claim in Brooklyn, sent a letter to the Board requesting that all future hearings related to the claim be held at the hearing location in the City of White Plains, Westchester County. Relying on a policy statement from the Board Chair regarding requests for venue changes, a Law Judge denied the application, affirmed by a Board panel which added the penalty.
Claimant's sole contention is that the Board's decision must be rescinded in its entirety because the policy statement was not properly promulgated.
Inasmuch as claimant did not raise this issue before the Board, the Court ruled that it was not preserved for our review. On December 19, 20, the 3rd A. The full background of this matter is set forth in a previous decision of this Court AD3d . In April , while the appeal was pending, but prior to the filing of the record and briefs, the Board issued a new decision that "amends and supersedes" the November decision — reaching the same ultimate conclusion, but upon a distinctly different analysis.
Despite the timing, this Court was at no point informed of the amended decision and, therefore, upon discovering its existence, requested further briefing of the issues posed by these unusual procedural circumstances AD3d at Supplemental briefs were thereafter timely submitted by the Board and the Special Fund for Reopened Cases, but no brief was submitted on behalf of claimant.
Nonetheless, the amended decision, which by its terms superseded the initial decision, renders the present appeal moot. Claimant, sitting in a district office waiting room, was injured when a Board employee, in reaction to the news of his grandmother's death, went over to the waiting area and punched a wooden bench that was in front of the claimant, causing it to fall on the claimant. In affirming the lower Court, the 3rd A.
However, the defendant is not vicariously liable for the security guard's conduct because the evidence at trial established that the security guard was acting solely for personal motives unrelated to the defendant's business at the time of the incident. Furthermore, the evidence failed to demonstrate that the security guard's conduct was reasonably foreseeable by the defendant.
The Appellate Court reversed, finding that the record does not disclose whether Gullo has filed a claim with the Board. On March 17, , decedent, a tractor trailer operator employed by Yellow Roadway Corporation, crashed his tractor trailer into a toll booth and sustained critical injuries.
At some point either before or after the accident, decedent suffered a massive stroke and died two days later. After Claimant, his widow, filed for workers' comp, the employer filed a C-7 controverting the claim on the basis of, among other things, whether it was premised on an accident arising out of and in the course of employment.
A Law Judge finding that the emp Stevenson v Yellow Roadway loyer had not timely controverted the claim, barred the challenge. In Balbuena v IDR Realty, LLC 6 NY3d ,  , we held that an injured employee's status as an undocumented alien does not preclude recovery of lost wages in a personal injury action against a landowner under the state's Labor Law. This appeal asks us to look at the other side of the coin and decide if an employer's statutory rights under the Workers' Compensation Law are extinguished merely because its injured employee is an undocumented alien; specifically, whether the employer may still invoke section 11's shield against third-party claims for common-law contribution and indemnification.
Essentially, the Lema brothers were injured while employed by Microtech who had a demolition contract with the Hospital. The brothers made claims for and received workers' compensation benefits, which Microtech's insurance carrier paid. Additionally, by complaint dated August 8, , the Lemas sued the hospital for violations of the Labor Law. This is exactly the kind of lawsuit that Balbuena permits to go forward, at least absent proof that the undocumented alien tendered false work authorization documents to gain employment see Balbuena, 6 NY3d at According to the hospital's attorney, the parties entered into a high-low agreement at the ensuing damages trial, and after the verdict, the judgment was paid in keeping with this arrangement.
The hospital brought this action for common-law and contractual contribution and indemnification against Microtech to recover any damages it incurred in the Labor Law litigation with the Lemas.
If the illegality of the employment contract does not defeat the employee's rights under an otherwise applicable state statute, as was the case in Balbuena, it is]not clear why it would nonetheless annul the employer's statutory rights. Microtech took the position that section 11 barred the hospital's action because documentary evidence the bill of particulars in the underlying personal injury lawsuit and an unsigned purchase order postdating the accident showed that the Lemas did not suffer a grave injury and that Microtech did not enter into the requisite written contract providing for contribution or indemnification[ Under New York's workers' compensation scheme, an employee receives medical benefits and compensation for workplace injuries, regardless of fault, paid for by the employer.
In exchange for this certain and swift remedy, the employee gives up the right to sue the employer for personal injuries. Over time, however, this trade-off was seriously compromised by our decision in Dole v Dow 30 NY2d . Dole allowed "a primary defendant in an action [to] seek unlimited contribution or indemnification from an employer as a third party. As amended by the legislature in , then, section 11 now explicitly limits an employer's exposure to third party liability to those situations where the employee suffers a grave injury, or the employer enters into a written contract of contribution or indemnification with the third party id.
As this case is presented to us, the Lemas did not suffer grave injuries, there was no preexisting agreement for contractual contribution or indemnification and the hospital does not contend that IRCA preempts section 11; therefore, Microtech is entitled to the safe harbor in section After claimant's husband hereinafter decedent was murdered at work, work comp benefits were established in In the carrier sought to have the case reopened, pointing to evidence that decedent's murder was unconnected with his employment, citing a press release from the United States Attorney's Office, stating that decedent was executed by gang members.
The Court agreed with the Board that the employer allegedly did not ascertain the facts surrounding decedent's death until several months before its application for reopening and did not explain the delay in bringing this information to the Board's attention. Based on work related injuries claimant was awarded workers comp. Based on testimony from the claimant and doctors from the Fund and the carrier, a Law Judge found that the carrier was not entitled to reimbursement.
Not only did the Court find that the Board applied the proper legal standard, the carrier failed to prove that claimant's preexisting osteoarthritis of the hips hindered or was likely to hinder her employment. Also, the record did not reflect that claimant was experiencing pain due to her arthritic hip condition, that she missed any time from work, or that she was under any restrictions prior to her workplace accident. Singer of counsel to the Special Funds Conservation Committee respondent.
With the claimant acting as a spotter, the suspect was shot and subsequently died. A Law Judge denied the claim, finding that the events giving rise to claimant's injury were part of his job description and responsibilities as a peace officer.
For a mental injury premised on work-related stress to be compensable, " the stress must be greater than that which usually occurs in the normal work environment.
Whether the stress experienced by a claimant is more than that normally encountered is a factual question for the Board to resolve, and its finding will not be disturbed when supported by substantial evidence. When the claimant, thereafter submitted medical reports for neck and back injuries, a Law Judge concluded that claimant did not sustain those additional injuries.
Thus, the Court found that the Board's determination was supported by substantial evidence. Claimant suffered catastrophic injuries, leaving her in a persistent vegetative state, when the employer-sponsored van in which she was traveling from her place of work back to her home crashed. The Court also noted that, in light of claimant's ongoing disability, it was not improper for the Board to have relied upon the hearsay testimony of claimant's mother.
The Law Judge noted that he found "accident and notice based upon the uncontroverted testimony" of claimant. The Court addressed each of the numerous breaches that the Landlord asserted, holding that they had been cured: However, the Landlord identified one potential incurable breach -- the Tenant's failure to obtain the required occurrence-based policies: However, the Tenant argued that this problem has been cured because: While the Court ruled that these breeches and subsequent corrections were not sufficient to warrant termination of the lease, it wrote: First, potential claims are not necessarily time barred due to the possibility that injuries have yet to be discovered.
Given that the Tenant's subtenant is a dental practice, uses x-ray machines, it is possible that a former employee might have been exposed to radiation that has yet to manifest into an illness. Left unaddressed is what the Court would have done had the Tenant not had such a WC policy in place. Would have eviction followed or would the Tenant have be given a grace period in which to correct said deficiency? The Board found the claimant's account of the accident to be credible as well as the opinions of two physicians who had examined claimant.
The physicians who offered those opinions relied, in part, on claimant's account of the accident, which the Board found to be credible. Claimant, employed in , sought medical treatment in January for shortness of breath, which resulted in his being taken out of work from May 14, through August 11, He then successfully filed a workers comp claim, citing illness to his lungs and sinuses as the result of breathing in grinding dust, cardboard dust, and fumes caused by heat-shrinking polyethylene.
The Board determined he had a causally related occupational airway disease and awarded benefits for the lost time from work. Claimant has continued working since August The employer contended that the Board's determination was not supported by substantial evidence because it was based upon speculative medical opinion.
In disagreeing, the Court noted that: Claimant presented the medical reports and testimony of [two doctors who] both diagnosed claimant as suffering from respiratory disease related to claimant's work-related exposure to cardboard dust and fumes from shrink wrapping polyethylene. Further, an industrial hygienist testified that the shrink-wrapping process used by the employer would emit respiratory irritants, and claimant's supervisor testified that claimant worked around the shrink wrapping machine on a daily basis and there was cardboard dust in his work area.
Rather than purchasing an annuity, it is alleged that Durst made regular monthly payments directly to Rodriguez for a while, then occasionally, then none at all. At that time, Rodriguez retained new counsel who requested a full and accurate accounting of all settlement funds. Despite several subpoenas requesting the accounting, Durst did not comply. The matter has been in litigation for years and could perhaps have been so for some time to come, but NYSIF decided to settle and indemnity Amherst for a sum somewhat less than the judgment plus interest that Amherst had demanded.
After claimant suffered injuries on May 1, , his claim was established for occupational disease. Thereafter, claimant continued to work while experiencing back problems and was diagnosed with severe biforaminal stenosis. Classified as partially disabled, he was treated with a series of epidural injections. The Court determined that because, in this case, the statutory time periods had been met, the shifting of liability would occur only if the case had been ' truly closed' , which is a factual issue to be resolved by the Board by evaluating if any further proceedings related to the payment of compensation were contemplated at the time that the case was closed, not whether they were actually planned.
The Board's decision in this regard will be upheld if supported by substantial evidence. Certainly, the submission of additional medical evidence was not contemplated at that time. A contrary result is not compelled by the subsequent change in claimant's medical condition and his need to have further surgery following the April 27, order.
The ultimate decision of the Workers' Compensation Board to excuse the untimeliness of that claim was not binding on respondent and did not preclude denial of his retirement application.
Thus, an award of reimbursement for the payment of the accrued sick leave, coupled with the permanent benefit of the reduced sick leave credits, would result in a disproportionate benefit to the employers and a net detriment to the employees. Rather, here, the denial of reimbursement for payments related to personal leave credits would result in claimant receiving both full wages and compensation benefits for the time in question. Such a result is disfavored and requires that reimbursement be granted to the employer.
Klotz of counsel to the State Insurance Fund, for appellants. Week Issue 1 Contact The Insider at: Court of Appeals which hears appeals on decisions made by the Third as well as motions accepted or denied by the Court of Appeals and transcripts of hearings before the Court of Appeals.
Self-Insured Trusts The Court of Appeals, on October 23, , accepted a motion to allow additional time for presentation of papers on this case. Decisions on this page go back to January To search other years, click on the date: On January 25, , while performing maintenance duties, claimant fell from a ladder, injuring his back, left hip, left leg and ankle.
His claim was established for injuries to his left leg and back after which claimant underwent extensive medical treatment for these injuries. The March 1, MRI revealed some disc bulges and herniations in claimant's cervical spine which, for the first time, were mentioned in the medical notes, suggesting that they may be the cause of his lower back pain.
The physician then filed a request for authorization for surgery that was denied based on a contrary report by another orthopedist. The claimant asserted that the carrier's payment of medical expenses that included a CT scan of his cervical spine immediately after the accident constituted an advance payment of compensation.
The decision determined that, when claimant was taken to the hospital immediately following his fall, a number of diagnostic tests were performed to assess the severity of his many injuries, including a CT scan of the head.
These tests disclosed that his primary injuries were a fractured femur and lumbar disc, and they did not reveal any abnormalities in his cervical spine. Significantly, the course of claimant's continuing medical treatment during the ensuing two years focused on these injuries, not on any problems with claimant's neck.
Under these circumstances, it could not be inferred that the carrier's payment of medical expenses related to the CT scan constituted an acknowledgment of liability for injuries to claimant's neck. The Court wrote Rella's venue request was based upon entirely unsupported assertions that failed to justify a change of venue either outside of claimant's residential district or the district where his public employer is located. Claimant also filed a claim in for bilateral carpel tunnel syndrome CTS , later established as an occupational disease.
The Board determined that claimant was entitled to be paid the full SLU award i. In August claimant took a leave of absence, then ceased working entirely after complaints he made to his employer over sales commissions went unresolved. In September , claimant filed for workers' compensation benefits alleging that the work-related stress from "harassment on [the] job" caused him to develop anxiety and depression.
In November , a Law Judge disallowed the claim finding that, despite 10 years having passed since commencement of the case, claimant had failed to provide prima facie evidence with regard to the employer's alleged misconduct nor did he indicate how it caused or contributed to his psychological injury.
This time the Board panel affirmed on the basis that claimant failed to show that the stressors he experienced were any greater that those experienced by similarly situated workers in the normal work environment. The claimant testified that, as a result of his dispute with the employer, he suffered debilitating depression that resulted in his treating psychologist recommending ultimately, his inability to return to work.
However, he had a long and continuous history of anxiety and depression dating back to long before he stated work in In addition, a review of the file showed that no evidence was entered into the record establishing that claimant actually performed work or conducted sales for which the employer failed to provide payment or that the employer otherwise unlawfully withheld commissions that claimant was entitled to receive.
After an April work injury to her right hip, claimant received compensation, then returned to work, receiving treatment through June Then, in , she successfully sought medical treatment complaining of persistent pain in her right hip, filing a claim for medical treatment causally related to the injury. The Court determined that the Board's conclusion that Carr's deposition testimony was inadmissible was a legal error. There is no requirement that the three members must be different than the members who issued the underlying decision.
Claimant testified that the signature on the check was not hers and that she did not know anyone by the name to which the check was endorsed. A Law Judge determined that it was the responsibility of the carrier to investigate the matter through its issuing bank while, at the same time, issuing a new check to claimant.
As the Board did not provide its reasoning for departing from its prior precedent, that part of the decision must be reversed and the matter remitted for further proceedings.
Is this due to a lack access to a legal database Lexis, WestLaw, or -in-house or just intellectual laziness?