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Keywords

hearingworkers' compensationregulationrescission
hearingworkers' compensationrescission

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Kawasaki, Matter of

Facts

In May 2000, the claimant was involved in a work-related accident and filed a claim for workers' compensation benefits, which was established for injuries to his neck and spine. After a subsequent accident in January 2003, he filed a second claim for additional injuries. The 2000 claim was reopened in February 2018 based on new medical evidence, and during hearings, the claimant's counsel requested that payments from the 2003 claim be transferred to the 2000 claim. The WCLJ initially declined but later made the transfer after consulting with colleagues.

In May 2000, claimant was involved in a work-related accident and he filed a claim for workers' compensation benefits. The claim was established for injuries to his neck and cervical and lumbar spine. He was awarded benefits, but they were later suspended due to the lack of medical evidence indicating that claimant had a causally-related disability. In January 2003, claimant was involved in another work-related accident and he filed a second claim for workers' compensation benefits.

Issue

Did the WCLJ engage in misconduct that warranted rescission of her decision to transfer payments from the 2003 claim to the 2000 claim?

Did the WCLJ engage in misconduct that warranted rescission of her decision to transfer payments from the 2003 claim to the 2000 claim?

Rule

The Workers' Compensation Law allows for the use of written transcripts as the official record of hearings, and the Board's regulations require maintaining a verbatim record of all hearings.

The Workers' Compensation Law clearly contemplates the use of written transcripts, as it provides that written hearing transcripts may be received into evidence and that they shall have the same effect as if the stenographer were present and testified to the facts so certified (see Workers' Compensation Law 122).

Analysis

The court determined that the WCLJ's conduct, including leaving the hearing to consult with colleagues, did not constitute misconduct. The Board's reliance on the corrected transcript of the hearing was deemed appropriate, and there was no evidence of bias or conflict of interest on the part of the WCLJ.

Although the WCLJ arguably should have conducted herself in a more professional manner, there is no indication that the WCLJ was biased, had a conflict of interest, denied the parties the right to present evidence or violated applicable ethical standards (see generally Matter of Cuva v State Ins. Fund, 144 AD3d 1362, 1365, 41 N.Y.S.3d 324 [2016]).

Conclusion

The court affirmed the Workers' Compensation Board's decision, concluding that the WCLJ acted within her authority and did not engage in misconduct.

In view of the foregoing, we find no reason to disturb the Board's decision.

Who won?

The Workers' Compensation Board prevailed, as the court upheld its decision regarding the WCLJ's actions and the transfer of payments.

The Workers' Compensation Board properly ruled, among other things, that a workers' compensation law judge (WCLJ) did not engage in misconduct warranting the rescission of her decision transferring payments from a 2003 claim to a 2000 claim.

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