Board Meeting 7-21-20 · &/$5,66$ 52'5,8(= rrg pruqlqj hyhu\rqh 7kdqn \rx iru frplqj iru mrlqlqj...

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Workers' Compensation Board Meeting Minutes

Date: Tuesday; July 21, 2020Location: 328 State Street; Schenectady, NY

WebEx/Live BroadcastTime: 10:00 a.m.

MEMBERS OF THE BOARDClarissa M. Rodriguez, ChairFreida Foster, Vice ChairEllen O. PaprockiMark HigginsLoren Lobban, Esq.Samuel G. WilliamsLinda HullFredrick M. Ausili, Esq.Steven A. Crain, Esq.Mark R. StaskoArelis TavaresMartin M. DilanPamela Caggianelli

SECRETARY TO THE BOARDKim McCarroll

GENERAL COUNSELDavid Wertheim, Esq.

SPECIAL COUNSELElizabeth Lott, Esq.

ALSO PRESENTJoseph Cavalcante - Advocate for Injured Workers Patrick Cremo - Supervising Attorney and Records Access OfficerMichael Gifford - Media SpecialistMelissa Stewart - Public Information Officer Mary Beth Woods - Executive Director

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07/21/2020 2

CLARISSA RODRIGUEZ: Good morning, everyone.

Thank you for coming, for joining us today. I'm

Clarissa Rodriguez, Chair of the New York State

Workers' Compensation Board. As in the last couple of

months due to the novel coronavirus pandemic and State

guidelines regarding social distancing, today's Board

meeting is conducted remotely from various locations

throughout New York State. This meeting is also being

webcast live for members of the public.

Board members, please be reminded that there is a

slight pause in audio, so please allow for that.

Also, please state your full name each time you speak

so that you can be properly recorded by the verbatim

reporter.

I now call the 990th meeting of the Board to

order. Madame Secretary, will you please call

attendance? Kim, you're muted.

KIM McCARROLL: Vice Chair Foster.

MS. FOSTER: Here.

KIM McCARROLL: Board Member Paprocki.

MS. PAPROCKI: Here.

KIM McCARROLL: Board Member Higgins.

MR. HIGGINS: Here.

KIM McCARROLL: Board Member Lobban.

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MR. LOBBAN: Here.

KIM McCARROLL: Board Member Williams.

MR. WILLIAMS: Here.

KIM McCARROLL: Board Member Hull.

MS. HULL: Here.

KIM McCARROLL: Board Member Ausili.

MR. AUSILI: Here.

KIM McCARROLL: Board Member Crain.

MR. CRAIN: Here.

KIM McCARROLL: Board Member Stasko.

MR. STASKO: Here.

KIM McCARROLL: Board Member Tavares.

MS. TAVARES: Here.

KIM McCARROLL: Board Member Caggianelli.

MS. CAGGIANELLI: Here.

KIM McCARROLL: And Board Member Dilan.

MR. DILAN: Here.

KIM McCARROLL: Chair, all members are

present. We will have 13 voting -- voting members

today. Also in our audience today we have Verbatim

Reporter Karen Hayes, our media specialist

Michael Gifford, Public Information Officer

Melissa Stewart, Special Counsel Elizabeth Lott,

Advocate for Injured Worker, Joseph Cavalcante. Looks

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like Executive Director Mary Beth Woods, and Associate

Counsel Patrick Cremo. I think that concludes our

attendance.

CLARISSA RODRIGUEZ: Okay. Thank you very

much, Madame Secretary. First item on the agenda,

approval of the June 16, 2020 meeting minutes. You

have all received a copy of the meeting minutes for

your review. Are there any questions or need for

discussion? Okay. Hearing none, may I please have a

motion to approve the meeting minutes?

MR. HIGGINS: Yes, Madame Chair. Board

Member Higgins. I move to approve the minutes of the

meeting.

CLARISSA RODRIGUEZ: Okay. Thank you so

much. Is there a second?

MR. STASKO: Yes, Madame Chair. This is

Board Member Stasko. I second that motion.


much. Is there any opposition to the motion? Hearing

none, Madame Secretary, may I please have a roll call

vote?


MR. AUSILI: Aye.


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MS. CAGGIANELLI: Aye.


MR. CRAIN: Aye.

KIM McCARROLL: Board Member Dilan.

MR. DILAN: Aye.


MR. HIGGINS: Aye.


MS. HULL: Aye.


MR. LOBBAN: Aye.


MS. PAPROCKI: Aye.


MR. STASKO: Aye.


MS. TAVARES: Aye.


MR. WILLIAMS: Aye.


MS. FOSTER: Aye.

KIM McCARROLL: Chair Rodriguez.

CLARISSA RODRIGUEZ: Aye.

KIM McCARROLL: It's unanimous.

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07/21/2020 6


much, Madame Secretary. Agenda Item 2, Office of

General Counsel Departmental Report. General Counsel

David Wertheim will now present the statistical and

informational report for June.

MR. WERTHEIM: Thank you. Good morning,

Madame Chair, Vice Chair, Board members, and

colleagues as well. Here's the report for June 2020

in terms of adjudicated issues at the Board. First in

Adjudication, there were 16,924 hearings; 11,381 cases

fully resolved at the hearing, 348 reserved decisions

issued. There were 2,074 waiver agreements approved,

1,911 through the hearing process, 163 via desk.

In Administrative Review, 939 applications for

Administrative Review received, 1,054 processed,

leaving end of June inventory at 2,576 with 96 percent

of all applications completed and processed within six

months. Full Board review, 163 applications received,

131 were processed, leaving an end of June inventory

of 196.

That concludes the statistical and informational

report. Of course I will take any questions. Thank

you.

CLARISSA RODRIGUEZ: Okay. Thank you,

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David. Are there any questions or need for

discussion? Okay. Hearing none, may I have a motion

to accept the report?


Member Higgins. I move to accept the report of the

General Counsel.

CLARISSA RODRIGUEZ: Thank you. Is there a

second?




much. Is there any opposition to the motion? Hearing

none, Madame Secretary, may I please have a roll call

vote?


MR. AUSILI: Aye.




MR. CRAIN: Aye.


MR. DILAN: Aye.


MR. HIGGINS: Aye.

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07/21/2020 8


MS. HULL: Aye.


MR. LOBBAN: Aye.


MS. PAPROCKI: Aye.


MR. STASKO: Aye.


MS. TAVARES: Aye.


MR. WILLIAMS: Aye.


MS. FOSTER: Aye.

KIM McCARROLL: And, Chair Rodriguez.


KIM McCARROLL: That motion passes

unanimous.


much, Madame Secretary. Agenda Item 3, licensing

applications. Elizabeth Lott of the Office of General

Counsel will now present any licensing applications.

MS. LOTT: Hello. Good morning. This is

Elizabeth Lott. You have before you the

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07/21/2020 9

recommendations from the assigned Board Panel

regarding the licensing applications listed in Part 3

of today's agenda. Section 24-a, Judith Ramos Meier,

three-year renewal. Teresa Baerga, three-year

renewal. Section 50(3-b), FutureComp, three-year

renewal. Section 50(3-d), York Risk Services Group,

Inc., three-year renewal. Johnson & Associates, the

Panel recommends not approving the application. I

prent -- I present these recommendations to the Board

for your consideration.


much. Are there any questions or need for discussion?

Okay. Hearing none, may I have a motion to accept the

recommendations of the panel?


Member Higgins. I move to accept the recommendations

of the licensing panel.


second?



CLARISSA RODRIGUEZ: Okay. Thank you. Is

there any opposition to the motion? Okay. Hearing

none, I call upon the secretary for a roll call vote.

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KIM McCARROLL: Board member Ausili.

MR. AUSILI: Aye.




MR. CRAIN: Aye.


MR. DILAN: Aye.


MR. HIGGINS: Aye.


MS. HULL: Aye.


MR. LOBBAN: Aye.


MS. PAPROCKI: Aye.


MR. STASKO: Aye.


MS. TAVARES: Aye.


MR. WILLIAMS: Aye.


MS. FOSTER: Aye.

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unanimous.


much. Agenda Item 4, legal appeals. General Counsel

David Wertheim will now present the recommendations

concerning decisions by the Appellate Division.

MR. WERTHEIM: Thank you again, Madame

Chair. From the time of the last Board meeting until

today, there were ten decisions issued by the

Appellate Division, Third Department with respect to

Workers' Compensation claims. There were five

affirmances, two reversals, two modifications. And I

will also note at Item 4J, a remand in the case of

O'Donnell versus Erie County following a Court of

Appeals decision and a direction for the Third

Department to remand back to the Workers' Compensation

Board.

It is the recommendation of General Counsel that

all of the decisions of the Court be adopted as the

decisions of the Board.

CLARISSA RODRIGUEZ: Okay. Thank you. May

I have a motion to accept the recommendations of the

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Office of General Counsel?


Member Higgins. I move to accept the recommendations

of the Office of General Counsel.

CLARISSA RODRIGUEZ: Okay. Thank you. May

I have a second?

MR. STASKO: Madame Chair, this is Board

Member Stasko. I second that motion.


much. Is there any opposition to the motion? Okay.

Hearing no opposition, I call upon the secretary for a

roll call vote.


MR. AUSILI: Aye.




MR. CRAIN: Aye.


MR. DILAN: Aye.


MR. HIGGINS: Aye.


MS. HULL: Aye.

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07/21/2020 13


MR. LOBBAN: Aye.


MS. PAPROCKI: Aye.


MR. STASKO: Aye.


MS. TAVARES: Aye.


MR. WILLIAMS: Aye.


MS. FOSTER: Aye.



KIM McCARROLL: That motion is passed

unanimous.


Madame Secretary. Agenda Item 5, Mandatory Full Board

Review. 5A, New York City Transit Authority, Case

Number G2368349. Is there a motion with respect to 5A

on the agenda?

MS. PAPROCKI: Yes, Madame Chair. This is

Board Member Paprocki, and I would move that the

majority opinion be adopted as the opinion of the Full

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07/21/2020 14

Board.


there a second?

MS. CAGGIANELLI: Yes, Madame Chair. This

is Board Member Caggianelli, and I second that motion.

CLARISSA RODRIGUEZ: Okay. Are there any

recusals in this matter? Is there any opposition to

the motion?

MR. CRAIN: Yes, Madame Chair. This is

Board Member Crain. I oppose the motion.

CLARISSA RODRIGUEZ: Thank you. Madame

Secretary, may I please have a roll call vote?


MR. AUSILI: Yes.


MS. CAGGIANELLI: Yes.


MR. CRAIN: No.


MR. DILAN: No.

KIM McCARROLL: Board Member Higgins. Board

Member Higgins.

CLARISSA RODRIGUEZ: Board Member Higgins,

it looks --

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MR. HIGGINS: No.

CLARISSA RODRIGUEZ: There we are.

KIM McCARROLL: No. All right. Board

Member Hull.

MS. HULL: Yes.


MR. LOBBAN: Yes.


MS. PAPROCKI: Yes.


MR. STASKO: Yes.


MS. TAVARES: No.


MR. WILLIAMS: No.


MS. FOSTER: Yes.


CLARISSA RODRIGUEZ: Yes.

KIM McCARROLL: That motion is carried

eight, five.


Madame Secretary. 5B, AMB [sic] Industries,

Incorporated, Case Number G1959322. Is there a motion

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with respect to 5B on the agenda?


Member Higgins. I move that the opinion of the

majority be adopted as the opinion of the Full Board.


second?

MR. WILLIAMS: Madame Chair, Board Member --

Board Member Williams. I second that motion.

CLARISSA RODRIGUEZ: Okay. Thank you, Board

Member Williams. Are there any -- are there any

recusals? Okay. Is there any opposition to the

motion?

MR. AUSILI: Yes, Madame Chair. This is

Board Member Ausili. I oppose the motion.

CLARISSA RODRIGUEZ: Thank you, Board Member

Ausili. Madame Secretary, may I please have a roll

call vote?


MR. AUSILI: No.


MS. CAGGIANELLI: No.


MR. CRAIN: Yes.


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MR. DILAN: Yes.


MR. HIGGINS: Yes.


MS. HULL: Yes.


MR. LOBBAN: Yes.


MS. PAPROCKI: Yes.


MR. STASKO: No.


MS. TAVARES: Yes.


MR. WILLIAMS: Yes.


MS. FOSTER: Yes.



KIM McCARROLL: That motion is passed ten,

three.


Madame Secretary. 5C, Home Health Management, Case

Number G0208288 and G0208297. Is there a motion with

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respect to 5C on the agenda?

MS. TAVARES: Yes, Madame Chair. This is

Board Member Arelis Tavares. I move that the Board

Panel decision be adopted as the decision of the Full

Board.


there a second?


is Board Member Caggianelli. I move -- I second that

motion.

CLARISSA RODRIGUEZ: Okay. Thank you. Are

there any recusals from this matter? Is there any

opposition to the motion? Okay. Madame Secretary,

may I please have a roll call vote?


MR. AUSILI: Yes.




MR. CRAIN: Aye.


MR. DILAN: Aye.


MR. HIGGINS: Aye.

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MS. HULL: Yes.


MR. LOBBAN: Yes.


MS. PAPROCKI: Yes.


MR. STASKO: Yes.


MS. TAVARES: Yes.


MR. WILLIAMS: Yes.


MS. FOSTER: Yes.




unanimously.

CLARISSA RODRIGUEZ: Okay. Thank you. 5D,

Right at Home, Case Number G1077851. Is there a

motion with respect to 5D on the agenda?


Board Member Arelis Tavares. I move that the Board

Panel decision be adopted as the decision of the Full

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Board.


there a second?


is Board Member Caggianelli. I move to second that

motion.

CLARISSA RODRIGUEZ: Thank you. Are there

any recusals in this matter? Is there any opposition

to the motion? Hearing none, I call upon the

secretary for a roll call vote.


MR. AUSILI: Yes.




MR. CRAIN: Aye.


MR. DILAN: Aye.


MR. HIGGINS: Aye.


MS. HULL: Yes.


MR. LOBBAN: Yes.

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MS. PAPROCKI: Yes.


MR. STASKO: Yes.


MS. TAVARES: Yes.


MR. WILLIAMS: Yes.


MS. FOSTER: Yes.



KIM McCARROLL: That motion is also passed

unanimously.

CLARISSA RODRIGUEZ: Okay. Thank you. 5E,

FOJP Service Corporation, Case Number G2396697. Is

there a motion with respect to 5E on the agenda?

MR. CRAIN: Yes, Madame Chair. This is

Board Member Crain. I move that the majority opinion

be adopted as the opinion of the Full Board.


second?


Board Member Arelis Tavares. I second that motion.

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07/21/2020 22


there any recusals? Okay. Hearing none, is there any

opposition to the motion?


Board Member Stasko.

CLARISSA RODRIGUEZ: And you -- and you

oppose the motion? Thank you.

MR. STASKO: Yes. Correct.

CLARISSA RODRIGUEZ: I call upon the

secretary for a roll call vote.


MR. AUSILI: No.


MS. CAGGIANELLI: No.


MR. CRAIN: Aye.


MR. DILAN: Aye.


MR. HIGGINS: Aye.


MS. HULL: No.


MR. LOBBAN: Yes.

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MS. PAPROCKI: No.


MR. STASKO: No.


MS. TAVARES: Yes.


MR. WILLIAMS: Yes.


MS. FOSTER: Yes.



KIM McCARROLL: That motion is passed eight,

five.

CLARISSA RODRIGUEZ: Okay. Thank you. 5F,

Robert -- Robert Macvie, Inc., Case Number G2036125.

Is there a motion with respect to 5F on the agenda?


Board Member Stasko. I move that neither the majority

opinion nor the dissent opinion be adopted and that a

new decision be issued.


second?


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is Board Member Caggianelli, and I second that motion.


there any recusals in this matter? Okay. Hearing

none, is there any opposition to the motion? Okay.

Hearing none, Madame Secretary, may I please have a

roll call vote?

KIM McCARROLL: Yes. Board Member Ausili.

MR. AUSILI: Yes.




MR. CRAIN: Aye.


MR. DILAN: Aye.


MR. HIGGINS: Aye.


MS. HULL: Yes.


MR. LOBBAN: Yes.


MS. PAPROCKI: Yes.


MR. STASKO: Yes.

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MS. TAVARES: Yes.


MR. WILLIAMS: Yes.


MS. FOSTER: Yes.




unanimously.

CLARISSA RODRIGUEZ: Okay. Thank you.

Agenda Item 6, Discretionary Full Board Review. I now

turn this portion of the agenda over to Vice Chair

Foster.

MS. FOSTER: Thank you, Madame Chair. For

the cases listed in Item 6 on the agenda, it is

recommended that Full Board Review be granted. Those

Cases are 6A, Rheodyne, LLC; 6B, Ogden Allied; 6C,

New York State Department of Mental Hygiene; and 6D,

Lehman College. I move to refer the cases back to

their respective Panels for further consideration.


there a second?


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Board Member Stasko. I second the motion.


there any recusals in this matter? Okay. Hearing

none, is there any opposition to the motion? All

right. Hearing none, Madame Secretary, may I please

have a roll call vote?


MR. AUSILI: Yes.


MR. CAGGIANELLI: Yes.


MR. CRAIN: Aye.


MR. DILAN: Aye.


MR. HIGGINS: Aye.


MS. HULL: Yes.


MR. LOBBAN: Yes.


MS. PAPROCKI: Yes.


MR. STASKO: Yes.

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MS. TAVARES: Yes.


MR. WILLIAMS: Yes.


MS. FOSTER: Yes.




unanimously.

CLARISSA RODRIGUEZ: Okay. Thank you.

Agenda Item 7, is there any other business? Okay.

Hearing none, may I please have a motion to adjourn

the meeting.


Member Higgins. I move that we adjourn the meeting.

CLARISSA RODRIGUEZ: Okay. Is there a

second?

MS. FOSTER: Second, this is Vice Chair

Foster.


much. Is there any opposition to the motion? Okay.

Hearing none, all in favor say, aye, please.

ALL: Aye.

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CLARISSA RODRIGUEZ: Okay. That sounds

about right. Everyone have a wonderful rest of your

day. Take care. We'll see you next time. Meeting

adjourned.

WHEREUPON THE BOARD MEETING WAS ADJOURNED.

Board Meeting 7-21-20 · &/$5,66$ 52'5,8(= rrg pruqlqj hyhu\rqh 7kdqn \rx iru frplqj iru mrlqlqj...

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Board Meeting 7-21-20 · &/$5,66$ 52'5,*8(= *rrg pruqlqj hyhu\rqh 7kdqn \rx iru frplqj iru mrlqlqj...

Documents

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Board Meeting 7-21-20 · &/$5,66$ 52'5,8(= rrg pruqlqj hyhu\rqh 7kdqn \rx iru frplqj iru mrlqlqj...

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