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InsideWorkersCompNY is the creation of Michael T. Berns, a former Commissioner / Board Member of the New York State Workers Compensation Board, based on the insight developed during 12 years of service including participation in more than 40,000 decisions and 10,000 hearings.
Updated twice a week, this website will impart an understanding of the New York State WCB that will help the workers comp community better understand why the WCB does what it does and how to deal its many inconsistencies and bureaucratic obfuscations as well as giving the community and Board staff an anonymous bulletin board. Friday postings include that week’s court decisions, news articles, and commentary. Monday postings include polls. Among the pages in this website are: COURT DECISIONS: a weekly update of workers comp related decisions from the New York’s Appellate Division, Court of Appeals, and other jurisdictions, a list of cases that have been argued but still await a ruling from the Court, and a list of the “winningest” attorneys for the year.
POLLS: I conduct polls to Monday’s a month and on alternate Mondays analyze the results of the opinions of my readers.
NEWSWIRE: a weekly listing of key developments from the media as well as various state agencies. COMMENTARY: my comments on key topics, work related injuries, major court decisions, new board policies, and answers to questions from my readers. MY BOOK: “Behind the Closed Doors – an Insider’s look at how things really work at the New York State Worker’s Compensation Board, and how to fix them” BIOS: The commissioners’ official and unofficial biographies. Comments, suggestions, and criticisms, published anonymously, can be sent to me at: TheInsider@InsideWorkersCompNY.com.
Michael T. Berns, The Insider Commissioner 1996-2008, New York State Workers Compensation Board
Friday July 30, 2010 Postings
DECISIONS: the Board wins two affirmances from the Appellate Court but one raised some questions not yet asked.
NEWSWIRE: Unlike the Board, I officially welcome new Commission Loren Lobban. Also the bio of the newest nominee to the Board, a questionable Board ruling on Erie County’s new rules for injured workers, electronic transcript in the news, and Washington State has a ballot initiative on workers comp insurance.
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Tuesday July 23, 2010 Postings and those of July 16, 2010
DECISIONS: Last week, I posted two decisions from the Appellate Court, one a reversal and one an affirmance. This week, the Court has issued just one decision, again an affirmance, on a case that should never have gone to to the Court.
NEWSWIRE: A Federal Court in California, but written by a Fed. Judge from NYC, rejected employer contracts written to define some employees as independent contractors. And the NYS Legislature has passed similar legislation. Also, as I noted a few weeks ago, an aide to Tom Suozzi has been named by Governor Patterson to become NY’s newest WCB commissioner but her appointment seems to be held up at the Senate Labor Committee. Details in this week’s NEWSWIRE.
Tuesday July 6, 2010 Postings
POLL RESULTS: The POLL page has the results of your opinions and remarks on the travesty of the underfunded Group Self-Insured Trusts. Some interesting answers but somewhat expectable answers.
NEWSWIRE: Law suits are in the news today. AIG wins the right to sue its competitors but one WC carrier gets fined $262 million for improper practices.
Friday July 2, 2010 Postings
DECISIONS: The Appellate Court, 3rd Department, has finally issued the long awaited decisions on the matter of retroactive payments to the Aggregate Trust Fund (ATF). They have just issued two decisions each dealing with three cases for which the decisions issued were identical word for word except that in one decision the issue of the constitutionality of the Board’s decision was addressed, having been raised by two carriers. A brief summary of these can be found on the DECISIONS page as well as links to the two decisions.
NEWSWIRE: One ‘new’ Commissioner does not take the reins but another one ’surfaces’. SFCC data loss cost someone $60K. 24 years for a §114 case!! WCB Staff privacy, and more.
Sunday June 27, 2010 Postings
DECISIONS: Up-date list of the “WINNINGEST” and “TOUGHEST” attorneys so far in 2010 has now been published.
POLLING: Now that the NYS WCB has issued its “CYA” report on Group Self-Insured Trusts and that Self-Insurance Institute of American has issued a response, it is time to learn your opinion. This week’s poll asks your opinion on 20 issues.
Friday June 25, 2010 Postings
DECISIONS: The Board gets 3½ affirmances and ½ reversal while the Appellate Court, 3rd Department issues two very interesting motions, one to vacate its own 2009 ruling in a Self-Insured Trust matter and the other to rehear or allow to go to the Court of Appeals as §23 case.
NEWSWIRE: New Board Member at NYSIF in process/done. 2nd Injury Fund deadlines is very close. A U.S. Supreme Court case should allow Commissioners, among others, to breathe easier. And more.
Friday June 18, 2010 Postings
DECISIONS: While we await with great interest the Courts decisions regarding the cases dealing with payments to the Aggregate Trust Fund, the Court has published two more decisions yesterday, June 17, affirming the Board on causal relationship and the 2nd Injury Fund, ending both decisions with the explanation: “medical proof provides substantial evidence to support the Board’s decision, notwithstanding the fact that other evidence in the record could support a contrary result.“
NEWSWIRE: An economist says “Why not tax everything.” More importantly, as the result of the CRM debacle, NYS WCB has issued a report on how to fix the self-insured trusts it failed to supervise in the first place while the Self-Insurance Institute of America explains why the report is so wrong [it is!] and the Board issues a 127-page book to explain who needs workers comp coverage.
Friday June 11, 2010 Postings
DECISIONS: After issuing no decisions last week, this week the 3rd A.D. issued a “split” decision and the side winning the reversal of the Board’s position one one issue was a pro-se claimant. At the 1st A.D., a trip on the sidewalk was ruled “in the course of employment”.
NEWSWIRE: WC firms get scammed and proposed WC rates are 7.7% higher. And in Montana, a pot smoking employee who wanders into a bear cage and get mauled gets comp - maybe he was sharing his doobie with the WCLJ.
Friday June 4, 2010 Postings
DECISIONS: The Board’s winning streak continues as there were no Appellate Court decisions issued yesterday June 3, 2010.
Friday May 28, 2010 Postings ►To read this day’s E-mail alert◄
NEWSWIRE: Seems that the New York State Bar Association has now joined the chorus who is against the Managed Adjudication Path (MAP) . And several states look to surplus workers comp insurance funds to balance their state budgets.
DECISIONS: The Board gets four affirmances from the Appellate Court albeit on relatively simple issues which includes another pro se claimant failing to prevail.
Friday May 14, 2010 Postings ►To read this day’s E-mail alert◄
NEWSWIRE: Governor Paterson finally formally nominates two new WCB Commissioners.
DECISIONS: This week, the Board gets three more affirmances from the Appellate Court albeit on relatively simple issues.
Friday May 7, 2010 Postings ►To read this day’s E-mail alert◄
NEWSWIRE: NYSIF names it chairman and new vice chairman., CRM up of sale, and judges announce their pet peeves with attorneys who appear before theme. Similar to the list I have in my book.
DECISIONS: The Board gets three affirmances from the Appellate Court albeit on relatively simple issues which leaves one wondering why the court agreed to accept two of these cases.
Friday April 30, 2010 Postings ►To read this day’s E-mail alert◄
NEWSWIRE: Despite its promises to make its decision making more public, the Board has failed to keep its promise to publish Full Board Reviews. Will injured workers awards include COLA? Senate is trying. New Doc at the Board and a new Fee Schedules in place.
DECISIONS: Board has another bad week. Two cases whose decisions were rescinded by the Appellate Court in 2008 were back and the Board was reversed on both by the Appellate Court. The Board’s failure to recognize an ‘act of God’ may be the reason He’ wasn’t on their side again!
Friday April 23, 2010 Postings ►To read this day’s E-mail alert◄
NEWSWIRE: Maximum wage under the 2007 WCL Amendments announced this week. One community thinks that closing bars early will save on workers comp claims (?!?). Board hosts a WEBINAR but how many come actually show up?
DECISIONS: In Workers Compensation Board has apparently had a turn for the better this week in which the Board was affirmed in all three decisions issued which dealt with the issues of a little drink, a little smoke, and a little too late.
Friday April 16, 2010 Postings
► BULLETIN ◄: James Odato of the Albany Times/Union reports that a state judge has ruled that the Board’s taxing financially health self-insurance groups to cover the losses from the CRM debacle is unconstitutional. And there is another Supreme Court decision issued March 25, 2010 on the issue of joint and several liable for expenses and obligations.
NEWSWIRE: I list the names of the soon-to-be new commissioners as well as a report on the delay facing the Impairment/Wage Loss Task Force. The WCB’s Buffalo office lease, with the unpredictable candidate for Governor Carl Paladino, is getting a lot of heat due to his ‘immoral turpitude’, which considering the state of ethics in NY is saying a lot. and, finally, the Board appears to be showing favoritism in collecting penalties.
DECISIONS: the Board gets reversed by the Appellate Court twice this week bringing its recent record to 1-6.
Friday April 9, 2010 Postings
NEWSWIRE: Looks like there will probably be two new commissioners by the end of May. At long last, the Impairment/Wage Loss Task Force is getting ready to submit its guidelines to the Board in the next two weeks. SIF explains the methods by which it can offer lower rates (a la CRM?!) and a claimant’s goat gets the claimant in hot water.
DECISIONS: Having had its winning streak ended last week, the Board suffers another reversal one in which the Court affirmed the Law Judge’s decision while reversing the Board. The Board was affirmed on a §25-a case and the 2nd Department reversed the lower court on an issue regarding the definition of “grave injury” pursuant to WCL §11. Also the Court of Appeals rejected motions for leave to appeal in the matters of Malone v VRD Decorating (December 31, 2009: denial a full board review) and Rodriguez v Port Authority of New York and New Jersey (November 4, 2009:§161 WTC cases & notice).
Friday April 2, 2010 Postings
NEWSWIRE: Several stores this week but the top one is a national report card on workers compensation systems throughout the U.S.A. in which New York State comes in among the four worst. Undocumented workers and taking money for a state insurance fund also top this week’s news.
DECISIONS: The Board’s wining streak comes to and end with one reversal and two rescinds, including a narrow decision by the Court rescinding the Board’s interpretation of “mandatory versus discretionary” contributions to the Aggregate Trust Fund. It also faults the Board for ‘challenging’ the Court in the Board’s interpretation of §23 late notice and the Board’s misinterpretation of an Alford plea in a §114-a case.
MONDAY March 29, 2010 Postings
FULL BOARD REVIEWS: This website now posts those Full Board Reviews which the NYS Workers Compensation Board feel represents the best of its best, the four or five decisions out of the 15-20 it issues each month. Unlike the Board, this site will publish one page with a brief summary and then a direct link to the full decision which will be posted in this site indefinitely, not just a few week or months.
Friday March 26, 2010 Postings
DECISIONS: 29 Affirmances in a row with this week’s two more decisions from the NYS Appellate Court, Third Department. And the list of winningest attorneys for 2010 to date is now posted.
COMMENTARY & REPORTS: I not only agree with Federal Judge Hellerstein that the proposed legal fees on the Ground Zero Settlements are ‘unreasonable’, I also recommend he take a look at workers comp attorneys to manage these claims.
Monday March 22, 2010 Postings
NEW POLL: The results are in from our POLL asking your opinion of the Board’s new procedures and forms for medical providers, prompted by the Bord’s public acknowledgment of the lack of medical providers in the Rochester area. The results of most of the POLL are not unexpected but one respondent has one excellent suggestion about prescription drugs and controlled substances. We will soon find out if the Board is listening. <
Friday March 19, 2010 Postings
DECISIONS: Two more decisions from the NYS Appellate Court, Third Department on issues dealing with lunch breaks, AWW for commission salesman, and what is total industrial disability. And the list of winningest attorneys for 2010 to date is now posted.
Monday March 15, 2010 Postings
NEW POLL: This week’s POLL ask you your opinion of the Board’s new procedures and forms fro medical providers, prompted by the lack of medical providers in the Rochester area.
COMMENTARY & REPORTS: I propose a number of changes in the Board’s procedures, dealing with electronic transcription, §32’s, law judges and conciliators. Or course, this means that a few Commissioners will have to work for their $90,800 a year.
Friday March 12, 2010 Postings
NEWSWIRE: The Appellate Court summarily dismisses a claim alleging legal malpractice against the workers comp attorney. A vaccination against malignant mesothelioma is under review and I need your help on my upcoming poll.
DECISIONS: The Board’s winning streak continues, with cases involving voluntary withdrawal from the labor market, the need for gastric bypass surgery, and consequential depressive disorder. Two additional cases of interest in which the Board was not a party of interest cover legal malpractice and the primary jurisdiction of workers compensation law in determining independent contractor versus employee.
Friday March 5, 2010 Postings
NEWSWIRE: The Board has issued new Medical Guidelines as well as its wish list of 20 items for regulatory reform which appears to be an attempt to by-pass the State Legislature’s authority to amend the Workers Compensation Laws.
DECISIONS: The Board’s winning streak continues for 2010 with its 22nd straight affirmance by the New York State Appellate Court, this time affirming the Board’s decision on the issue voluntary withdrawal from the labor market.
<Monday, March 1, 2010 Postings
POLL RESULTS: The results of the survey on various questions regarding the Beloten Board were quite unfavorable for someone whose appointment was received with great expectations and whom is still well-like but apparently not in control.
Friday February 26, 2010 Postings
NEWSWIRE: The Triangle Shirtwaist Factory Fire Memorial (TSFFM) announced the four winners of the Clara Lemlich Public Service Award as well as details for its March 25, 2010 Awards Dinner.
DECISIONS: The workers compensation related case this week comes from the New York State Appellate Court, Second Division on a controversy over the credit or offset against death benefits.
Monday February 22, 2010 Postings
POLL: Now that Robert Beloten has been Chairman of the New York State Workers Compensation Board, it is time to see how good/fair/bad a job he has been doing. Results, to be compared to earlier polls,will be reported here Monday March 1, 2010.
Friday February 19, 2010 Postings ►Read this day’s E-mail alert◄
NEWSWIRE: The New York Times discusses Chief Justice Jonathan Lippman and his impact at the New York State Court of Appeals and what it may mean for injured workers. The Colorado legislature seems to feel that videotaping injured workers in order to prove claims of fraud is not fair and a recent medicals study discusses the failure of many back treatment’s for injured workers.
DECISIONS: The Board continues its winning way with another affirmance but the far more interesting case was a decision issued by the Supreme Court in Nassau County concerning the claim of causal relationship due to toxic exposure.
Friday February 12, 2010 Postings ►Read this day’s E-mail alert◄
NEWSWIRE: I summarize the nearly 2 hours of discussion and testimony which took place, Wednesday February 10, 2010 before the New York State Senate Budget Committee during which the New York State Worker’s Compensation Board was represented by chairman Robert Beloten, General Counsel Kenneth Munnelly, and Budget Director Mary Beth Wood. Other speakers included Stephen Zinone, President of New York State Court Reporters Association, and Peter Walsh and William Crosset, representing a special Workers Compensation Committee of the New York State Bar Association. Discussions included less hearings, verbatim reporters and the State keeping excess premium payments.
DECISIONS: The only workers compensation related case this week comes from the Supreme Court, New York County. A no-fault carrier and a workers comp carrier apparently both paid the same medical expenses and the question raised felt with the jurisdiction in which this dispute would be resolved: arbitration of the Workers Comp Board.
Monday February 8, 2010 Postings
COMMENTARY:The Board issues its MAP for eliminating hearings and, in response, I offer statistics showing that over 1/3 of proposed decisions change after oral argument and a reader add his 2¢.
Friday February 5, 2010 Postings
NEW POLL QUESTION:In a rather propitious set of timing, the same time that the Appellate Court, Third Department affirmed the Board in the Matter of Hassan v Ford Motor, the State Legislature is considering Legislation to give greater responsibilities to nurses caring for injured workers. Our poll this week asks your opinion as to the appropriateness of this or other potentially similar plans to expand Medicare available to injured workers.
Monday February 1, 2010 Postings
POLL RESULTS:Today the results are published of the poll on proposed legislation to give nurses more with responsibility and authority in treating patients, which include interesting comments in favor of the legislation including one from an injured worker as well as a pragmatic reason for not approving legislation.
Friday January 29, 2010 Postings
NEWSWIRE: A lot is happening internally at the Board with dramatic and negative ramifications for injured workers and employers.
DECISIONS: The Board gets two more affirmances from the Appellate Court, Third Department, on (1) SLU’s and apportionment and (2) coverage for an executive/owner. And a new list of the best attorneys for 2010 has started.
NEW POLL QUESTION: In this poll asking about new legislation allowing nurses more authority and responsibility in treating injured workers, we have some rather strong opinions (quoted in my e-ail alert but not in the website - they will be published Monday but you still have time to add your opinion.)
Monday January 25, 2010 Postings
NEW POLL QUESTION:In a rather propitious set of timing, the same time that the Appellate Court, Third Department affirmed the Board in the Matter of Hassan v Ford Motor, the State Legislature is considering Legislation to give greater responsibilities to nurses caring for injured workers. Our poll this week asks your opinion as to the appropriateness of this or other potentially similar plans to expand Medicare available to injured workers.
Friday January 22, 2010 Postings
TOP ATTORNEYS FOR 2009: Today I announce the top two Appellate Court attorneys for 2009 as well as a number of attorneys who have won Honorable Mention.
NEWSWIRE: On this page you will find an unofficial background on the new Executive Director Jeffrey Fester as well as two appointments to the New York State Insurance Fund, a new lease for the Harlem district office, and information on a study by Johns Hopkins University as to how practice patterns of physicians have a profound impact on the ultimate cost of workers compensation claims.
DECISIONS: The Board gets five more affirmances from the Appellate Court, Third Department, on issues ranging from was a proper employer to injuries while commuting, §15(8)(d) and coverage for a sole employee.
Friday January 15, 2010 Postings
DECISIONS: The Board gets two more affirmances from the Appellate Court, Third Department, while the First Department tells an injured worker that allegedly being fired for placing a workers comp claim is not covered by the New York City Human Rights Law but by Workers Compensation Law §120. In one of the Court’s affirmances, they support a Board decision after the Board changed its mind and a full Board review on the matter of which carrier is responsible for the claim. And a pro se claimant loses again.
NEWSWIRE: There are two stories when dealing with Medicare set-aside in §32 waiver agreements and the other with the Board’s change of heart regarding procedures and penalties against nonperforming carriers.
Monday, January 11, 2010 Postings
POLL RESULTS:The results are in and other than a reference to one Appellate Court decision issued in 2009, the two issues of greatest concern are the ATF and disability, i.e. wage earning capacity. But most of the concerns addressed the Board’s attitude towards the practitioners, injured workers, and employers and how it would affect them in the coming year.
Friday January 8, 2010 Postings
DECISIONS: The year 2009 ended with the Board receiving two affirmances and SIF getting one but the Unemployment Insurance Appeal Board was reversed on a case that should be considered by the Board in the future when looking at the issue of independent contractor. And it was nice to see that one of the cases on which I spent a lot of time on as a Panel Member was affirmed by the Court.
NEWSWIRE: In a late Friday press release, Governor Paterson announced his appointment of Jeffrey Fenster as the new Executive Director of the Workers’ Compensation Board. Mr. Fenster will spend most of his time downstate working out of the Brooklyn District Office. Coincidentally late Friday the Board also issued an e-mail alert but it’s two paragraph communication short changed Mr. Fenster’s prior accomplishments which are detailed my e-mail alert and in the NEWSWIRE. There is also a brief story/rumor about the elimination of District managers.
Monday January 4, 2010 Postings
DECISIONS: The year 2010 started with the New York State Appellate Court, Third Judicial Department, affirming the New York State Worker’s Compensation Board in all nine of the decisions issued today, although one issue in an affirmance was returned for reconsideration as the Court could not discern the Boards intention. Of the nine affirmances issued by the Appellate Court for the first week of this year, five represented rejections of appeals by claimants (one of whom was pro se) and three of appeals by carriers/employers and one by a carrier as to whether or not their coverage was in effect at the time of the accident.
COMMENTARY: I have prepared an analysis of the Board’s 103 decisions which were reviewed in 2009 by the Appellate Court in terms of which side (claimant or carrier) had the most claims, the most wins, what were the issues and who brought them to the Court, what was the quality of the Board’s performance - not too good, not with a 77% affirmance rate and reversals on 38% of the issued it reviewed. And much more.
Monday December 28, 2009 Postings DECISIONS: In its one decision issued on Thursday, December 24, the Appellate Court put a lump of coal under the Board’s Christmas tree when it rescinded the Board’s interpretation of “true closing” with regards to WCL §25-a, the 11th time this year the Court has rescinded a Board decision. In fact, in the six decisions issued earlier this year by the Court on the definition of “true closing”, the Board has been affirmed three times and reversed three times. Perhaps the Board can do better by flipping a coin when making decisions on this issue although I don’t think any time would be saved, considering the penchant of some of the Commissioners to sign decisions without reading them. The six cases are listed, with their links, immediately under Thursday’s decision. POLL: Don’t forget to vote in last week’s poll, the results of which will be published next Monday. This poll is open-ended because I am asking your opinion as to the most important issue or case that came up in 2009. As a reference, I include your answers to my poll earlier this year in which I asked you what you saw would be the most important issues that you would expect to see in 2009. NOTE: As a new year approaches, it will be interesting to see what Governor Paterson will do with the three Commissioner vacancies, vacancies that have been open most of 2009. The only term that was expiring this year was that of Scott Firestone who resigned for greener pastures elsewhere. One can only assume that Patterson will be using these three vacancies to get support from Democratic county chairman as he seeks nomination for his own four-year term as governor.
Friday December 18, 2009 Postings
DECISIONS: I have posted eight decisions, seven of which were issued by the Appellate Court, Third Department and one by the Court of Appeals. Of the eight decisions from the Third Department, the Board was a party in five with four affirmances and one reversal. Perhaps the two most interesting cases when combined together are the Matter of Renzi v Case Mgt. Concepts (3rd Dept.) and the Matter of Gilpatric v State Commission on Judicial Conduct. If it were not for, in my opinion, the need for the Gilpatrick-type sanctions (§147) to be brought against a few commissioners, perhaps there would be less decisions issued by the Board like that in the Matter of Renzi v Case Mgt. Concepts for which the third department again castigates Board for its sloppy work. OTHER: It has been suggested that preference be given on the “winningest” attorney list to those whose prevailing argument resulted in a reversal or rescission of the Board decision. This recommendation is duly noted and will be taken into account. The issue of deposits to the ATF is making its way through the Appellate Court and I expect that the Justices will be hearing arguments no later than February 2010. NEWSWIRE: With Christmas approaching, the only new story deals with Attorney General Cuomo and the CRM matter.
Monday December 14, 2009 Postings
POLLS: The results of the Poll posted last week on “What do we do with undocumented/illegal workers?” is in. There appears to be quite a bit of unanimity in the answers, which come down quite hard on both illegal immigrants and their employers. And there is an explanation as to why I will now use the term “illegal immigrants” and not “undocumented workers”. Also there are comments from three respondents which add additional light on this very hot topic. Click here to read the results.
Friday December 11, 2009 Postings
NEWSWIRE: Fairly quiet in Albany other than AG Cuomo’s plans to take CRM, manager of several self-insured trusts, to court on both civil and criminal charges to which CRM has a response. Also new Supreme Court Justice Sotomayor issued some ‘politically correct‘ verbiage, which just happens to be the subject of our current POLL: What do we do with undocumented/illegal workers?
DECISIONS:The Board not only went 2 for 5 but was rebuked in two of the loosing cases. And the Court further clarifies the meaning of ‘true opening’ when it reversed the Board on a §25-a case.
Monday December 7, 2009 Postings Not much happened in Albany last few days which means, among many open items, that there are still some slots open for commissioners although the activity of a few of current Board raises the whole question of, “Do we really need them?” This coming Friday I will be updating the list on the “winningest” attorneys in preparation for announcing in January 1st, 2nd, and 3rd place for the highest number of victories at the Appellate Court in 2009. The issue of undocumented workers has again made a big hit in the media based on the activity in some of the workers compensation blogs of which I am a member, based on a proposed new law, this time from Ohio State. Therefore today I have posted a NEW POLL asking your opinion as to how the NYS Board should deal with undocumented workers.
Friday December 4, 2009 Postings Gobble gobble gobble! That’s not the sound of Thanksgiving but the sound of one of Governor Paterson’s proposals to balance the budget by having some workers compensation insurance companies “voluntarily” donate their surplus funds to the State of New York. I guess our kids are not the only ones to believe in Santa Claus, or is it Robin Hood? NEWSWIRE: There are articles on the issue of undocumented workers collecting workers comp in Ohio, the shooting of a private investigator checking on a claimant who had been collecting comp for years, and a report from the upstate law firm of Lewis and Lewis that comp claims are increasing along with unemployment. DECISIONS: page, there are two cases at the Appellate Court, Third Department of which the Workers Compensation Board was a party of interest with claimants going 2-0 and the Board 1-1. Both of these cases dealt with the right of the Board to pick among contradictory evidence, make its decision, and be affirmed (in most cases) by the Appellate Court. The Appellate Division, First Department again deals with the issue of jurisdiction under WCL §11 at this time also Including references to WCL §29(6). As there are no additional cases scheduled to be argued before the Appellate Court in the month of December, that leaves 29 cases pending the issuance of a decision, the oldest of which dates back to October 13, 2009.
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