New York Law Watch
Workers’ Compensation and Unemployment: 2026 decisions
Work-related benefits are grouped here, including review of Workers’ Compensation Board and Unemployment Insurance Appeal Board determinations.
For Workers’ Compensation and Unemployment, 2026 decisions, Law Watch lists 16 indexable decisions dated September 3, 2026 to November 12, 2026 across 8 decision weeks.
18 decision records: 16 meet the substance floor; 2 records are held from search listings.
Week ending November 14, 2026
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- Matter of Miles v New York City Tr. Auth.2026 NY Slip Op 06602
The Workers’ Compensation Board’s disallowance of the claimant’s right wrist occupational disease claim was supported by substantial evidence because the medical opinions relied upon were not based on an understanding of the claimant’s relevant medical history. Consequently, there was a dearth of credible medical proof establishing a causal link between the distinctive feature of his occupation and the right wrist condition.
- Matter of Hahnenfeld v Good Samaritan Hosp.2026 NY Slip Op 06601
The Appellate Division affirmed the Workers’ Compensation Board’s denial of the claimant’s request to amend her claim to include Long COVID, finding substantial evidence supported the determination that she failed to prove a causal connection between her April 2020 work-related infection and her later symptoms. The court noted that the claimant’s second, non-work-related infection and preexisting conditions complicated the medical evidence regarding causality.
- Matter of Bailey v Caledonia Mumford Cent. Sch. Dist.2026 NY Slip Op 06598
The court affirmed the denial of workers’ compensation benefits because the claimant failed to provide timely written notice of her injury to the employer. The Board’s determination that the employer was prejudiced by the delay and lacked adequate knowledge of the work-related injury was supported by the record.
Week ending November 7, 2026
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- Matter of Facciolo (Commissioner of Labor)2026 NY Slip Op 06503
The court withheld decision and remitted the matter to the Unemployment Insurance Appeal Board because the Board failed to address whether the claimant’s September 2023 filing constituted a valid original claim. The court determined that the Board was required to make explicit findings on this issue rather than dismissing it as not properly before it.
- Matter of Raissi v Entertainment Partners2026 NY Slip Op 06496
The Appellate Division affirmed the Workers’ Compensation Board’s denial of the claimant’s application for reconsideration and full Board review. The court determined that the claimant failed to demonstrate newly discovered evidence or a material change in condition, rendering the denial not arbitrary or capricious.
Week ending October 31, 2026
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- Matter of McDonell v CJ Banach Inc.2026 NY Slip Op 06369
The Board lacked discretion to excuse the carrier’s failure to serve the pre-hearing conference statement because the governing rule mandates waiver of defenses absent a showing of good cause and good faith. The carrier’s defenses were properly waived because it failed to provide the required affidavit demonstrating that the error was due to good cause and that it exercised due diligence.
Week ending October 17, 2026
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- Matter of Rendon v Cosan Constr. Corp.2026 NY Slip Op 06046
The Workers’ Compensation Board properly refused to consider new documentary evidence submitted on administrative appeal without a sworn affidavit explaining its unavailability at the hearing. The Board’s determination that the claimant’s neck, back, shoulder, ankle, and knee injuries were causally connected to the work-related fall was supported by substantial evidence.
- Matter of Brown v New York City Tr. Auth.2026 NY Slip Op 06045
The Appellate Division affirmed the Workers’ Compensation Board’s denial of benefits, finding that the claimant’s PTSD did not result from stress greater than that ordinarily encountered in his job as a station cleaner. The court determined that witnessing a platform accident and cleaning blood were within the scope of his expected duties, failing to meet the threshold for a compensable accidental injury.
- Matter of Greek v Dansville Cent. Sch. Dist.2026 NY Slip Op 06044
The Board did not abuse its discretion in denying the employer’s request to abate the claim due to the decedent’s death, as the record was sufficiently developed through surveillance video and medical records. Substantial evidence supported the Board’s determination that the decedent’s injuries and subsequent death arose out of and in the course of his employment.
- Matter of Buscemi v Prime Care Coordination2026 NY Slip Op 06043
The Board properly denied the claimant’s application for reopening or rehearing because the proffered medical letter was not accompanied by a required sworn supporting affidavit. Additionally, the Board properly denied the application for reconsideration as the claimant failed to demonstrate newly discovered evidence or a material change in condition.
Week ending October 10, 2026
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- Matter of Castillo Gonzalez v Expo Concrete, LLC2026 NY Slip Op 05833
The Board’s refusal to address improper notice was not an abuse of discretion because the carrier failed to raise the issue or appeal the initial decision. The Board’s finding that the claimant did not violate Workers’ Compensation Law § 114-a was supported by substantial evidence, as the initial misrepresentation was not made to obtain benefits.
- Matter of Mulligan v Moy Constr. Corp.2026 NY Slip Op 05831
The Appellate Division affirmed the Workers’ Compensation Board’s decision establishing a causal relationship between the claimant’s heart attack and his employment, noting that the carrier’s untimely notice of controversy barred it from disputing the claimant’s evidence. The court held that the Board’s factual finding, based on credible medical evidence and witness testimony regarding physical exertion, was supported by the record.
Week ending September 19, 2026
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- Matter of Alexander v New York City Dept. of Homeless Servs.2026 NY Slip Op 05358
The Appellate Division affirmed the Workers’ Compensation Board’s determination that the claimant did not sustain a permanent total disability, finding that substantial evidence supported the conclusion that he was capable of performing sedentary work. The court also upheld the Board’s denial of the claimant’s application for reconsideration, determining that the claimant failed to demonstrate newly discovered evidence or a material change in condition.
- Matter of Rosario v William Carter Co.2026 NY Slip Op 05357
The Appellate Division affirmed the Workers’ Compensation Board’s determination that the claimant sustained accidental injuries to her left foot and knee arising out of and in the course of her employment. The court found that substantial evidence, including surveillance video and medical testimony, supported the Board’s findings and its resolution of conflicting medical opinions.
Week ending September 12, 2026
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- Matter of Parkinson v Manhattan & Bronx Surface Tr. Operating Auth.2026 NY Slip Op 05246
The appeal is dismissed as moot because the Workers’ Compensation Board issued a new decision that amended and superseded the decision on appeal. The merits of the new decision are not reviewable in this appeal because it is not substantially similar to the one appealed.
Week ending September 5, 2026
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- Matter of Loja-Saula v Cosan Constr. Corp.2026 NY Slip Op 05218
The Appellate Division affirmed the Workers’ Compensation Board’s determination that there was insufficient proof that the claimant violated Workers’ Compensation Law § 114-a by knowingly making false statements regarding prior injuries. The court held that the Board’s credibility determinations and factual findings, which found the carrier’s evidence inconclusive due to inconsistencies in identity and injury details, were supported by substantial evidence.
Also decided
- Matter of Schachter (Commissioner of Labor) 2026 NY Slip Op 05359 September 17, 2026
- Velazquez v Cropsey Props. LLC 90 Misc 3d 276 April 1, 2026