Claim of Brown v. Orange Cnty. Home & Infirmary, 283 A.D.2d 797 (N.Y. App. Div. 2001). · Go Syfert
Claim of Brown v. Orange Cnty. Home & Infirmary, 283 A.D.2d 797 (N.Y. App. Div. 2001). Cases Citing This Book View Copy Cite
12 citation events (12 in the last 25 years) across 1 distinct court.
Top citers, strongest first. 8 distinct citers. How cited ↗
discussed Cited as authority (rule) Matter of Panchame v. Staples, Inc.
N.Y. App. Div. · 2019 · confidence medium
Claimant's further reliance on Matter of Spector v New York City Bd. of Educ. ( 292 AD2d 741, 741-742 [2002]) and Matter of Brown v Orange County Home & Infirmary ( 283 AD2d 797, 797-798 [2001]) is misplaced, as the Board did not deny review of claimant's application because she failed to take an exception or object at the hearing to an issue before the WCLJ, but because the application itself was incomplete.
discussed Cited as authority (rule) Matter of Panchame v. Staples, Inc.
N.Y. App. Div. · 2019 · confidence medium
Claimant's further reliance on Matter of Spector v New York City Bd. of Educ. ( 292 AD2d 741, 741-742 [2002]) and Matter of Brown v Orange County Home & Infirmary ( 283 AD2d 797, 797-798 [2001]) is misplaced, as the Board did not deny review of claimant's application because she failed to take an exception or object at the hearing to an issue before the WCLJ, but because the application itself was incomplete.
discussed Cited as authority (rule) Claim of Tricarico v. Town of Islip
N.Y. App. Div. · 2016 · confidence medium
Nor is there any evidence in the record to indicate that the employer requested an opportunity at the hearing to further develop the record with regard to the issue of apportionment (see Matter of Brown v Orange County Home & Infirmary, 283 AD2d 797, 798 [2001]; see also 12 NYCRR 300.33 [a]).
discussed Cited as authority (rule) Claim of Tricarico v. Town of Islip
N.Y. App. Div. · 2016 · confidence medium
Nor is there any evidence in the record to indicate that the employer requested an opportunity at the hearing to further develop the record with regard to the issue of apportionment (see Matter of Brown v Orange County Home & Infirmary, 283 AD2d 797, 798 [2001]; see also 12 NYCRR 300.33 [a]).
cited Cited as authority (rule) Claim of Min Kang v. Ameasia Corp.
N.Y. App. Div. · 2006 · confidence medium
Accordingly, we will not disturb the Board’s decision (see Matter of Brown v Orange County Home & Infirmary, 283 AD2d 797, 797-798 [2001]).
discussed Cited as authority (rule) Hernandez v. Excel Recycling Corp.
N.Y. App. Div. · 2006 · confidence medium
In any event, it is well settled that a carrier may “waive issues, including its defenses, expressly or by reason of its conduct” (Matter of Collier v Brightwater Beer & Soda Distrib., 147 AD2d 868, 870 [1989], affd on mem below 75 NY2d 949 [1990]), and the Board is “not obligated to consider” an issue that was not raised and developed at the hearing before the WCLJ (Matter of Forte v City & Suburban, 292 AD2d 738, 739 [2002]; see 12 NYCRR 300.13 [e] [1] [iii]; Matter of Brown v Orange County Home & Infirmary, 283 AD2d 797, 797 [2001]; see also Matter of Fina v New York State Olympic R…
discussed Cited as authority (rule) Claim of Greenberg v. New York City Transit Authority
N.Y. App. Div. · 2005 · confidence medium
Furthermore, we find that the Board did not abuse its discretion in declining to consider claimant’s request for additional counsel fees inasmuch as he failed to make such application to the WCLJ (see 12 NYCRR 300.13 [e] [1] [iii]; Matter of Brown v Orange County Home & Infirmary, 283 AD2d 797, 797 [2001]).
discussed Cited as authority (rule) Claim of Cutting v. Richard W. Nezelek, Inc.
N.Y. App. Div. · 2002 · confidence medium
At the same time, having failed to argue or present any evidence to support a finding that he was asymptomatic prior to the 1997 injury and in view of the unanimous medical opinion apportioning at least 25% of his disability to the 1997 case, the Board’s conclusion that claimant failed to preserve that issue for appeal is by no means irrational (see, Matter of Brown v Orange County Home & Infirmary, supra at 798).
Retrieving the full opinion text from the archive…
In the Matter of the Claim of Mildred Brown
v.
Orange County Home and Infirmary, Workers' Compensation Board
Appellate Division of the Supreme Court of the State of New York.
May 17, 2001.
283 A.D.2d 797
Rose.
Cited by 10 opinions  |  Published
—Rose, J.

Appeal from a decision of the Workers’ Compensation Board, filed November 10, 1999, which ruled that claimant was precluded from raising certain issues.

In May 1994, the Workers’ Compensation Board affirmed decisions of a Workers’ Compensation Law Judge (hereinafter WCLJ) which found claimant to have a work-related mild to moderate partial disability for a period ending September 1, 1992 and directed the carrier to continue paying reduced earnings at a tentative rate. The WCLJ thereafter made awards of reduced earnings at the tentative rate for additional periods and again directed the carrier to continue payments at the tentative rate. In May 1996, however, the WCLJ made an award of reduced earnings at the tentative rate for the period ending April 30, 1996 and directed the carrier not to continue payments. A hearing was thereafter scheduled for the purpose of considering the question of reduced earnings and claimant was advised to produce updated medical reports and records of earnings. At the hearing, claimant’s counsel appeared and, after an off-the-record discussion, the WCLJ noted the absence of medical evidence subsequent to April 30, 1996, made all prior tentative rates permanent, authorized symptomatic treatment and closed the case. On claimant’s appeal, the Board denied review of her claims that she had a continuing disability and that the tentative rates were insufficient for certain years. Claimant appeals.

Pursuant to 12 NYCRR 300.13 (e) (1) (iii), the Board may deny review of any issue that was not raised before the WCLJ. In Matter of Williams v New York State Dept. of Transp. (277 AD2d 592), we recently held that this rule does not require a party to take an exception from a WCLJ’s adverse decision on a contested issue where the Board had remitted the matter for further development of the record on the issue and additional evidence had been presented prior to the WCLJ’s decision. Thus, the record in the Williams case demonstrated that the issue had been raised and litigated before the WCLJ. In contrast, although the notice of hearing in this case advised[*798] claimant of the purpose of the hearing and directed her to produce relevant medical and financial evidence, claimant failed to do so. Nor did she request an opportunity to further develop the record. Rather, her counsel remained silent as the WCLJ decided issues and closed the case on the basis of a record which, as a result of claimant’s apparent acquiescence, contained no evidence that could warrant any other decision. In these circumstances, we find nothing irrational in the Board’s conclusion that claimant had failed to raise the medical and financial issues before the WCLJ within the meaning of 12 NYCRR 300.13 (e) (1) (iii). Claimant’s submission of relevant medical evidence in support of her appeal to the Board does not alter our conclusion, particularly in the absence of any excuse for her failure to produce that evidence before the WCLJ or anything in the record to suggest that claimant was deprived of the opportunity to present evidence on the issues relevant to her reduced earnings claim (compare, Matter of Hughes v Steuben County Self-Ins. Plan, 248 AD2d 757, with Matter of Gallagher v Houlihan Lawrence Real Estate, 259 AD2d 853).

Mercure, J. P., Carpinello, Mugglin and Lahtinen, JJ., concur. Ordered that the decision is affirmed, without costs.