Singletary v. Schiavone Constr. Co.
| Citation | 104 N.Y.S.3d 435,174 A.D.3d 1240 |
| Decision Date | 25 July 2019 |
| Docket Number | 527373 |
| Parties | In the Matter of the Claim of Carl SINGLETARY, Appellant, v. SCHIAVONE CONSTRUCTION COMPANY, Respondent. Workers' Compensation Board, Respondent. |
| Court | New York Supreme Court Appellate Division |
174 A.D.3d 1240
104 N.Y.S.3d 435
In the Matter of the Claim of Carl SINGLETARY, Appellant,
v.
SCHIAVONE CONSTRUCTION COMPANY, Respondent.
Workers' Compensation Board, Respondent.
527373
Supreme Court, Appellate Division, Third Department, New York.
Calendar Date: May 28, 2019
Decided and Entered: July 25, 2019
The Perecman Firm, PLLC, New York City (Edward W. Guldi of counsel), for appellant.
Jones Jones LLC, New York City (David S. Secemski of counsel), for Schiavone Construction Company, respondent.
Before: Egan Jr., J.P., Lynch, Clark, Devine and Pritzker, JJ.
MEMORANDUM AND ORDER
Lynch, J.
Appeal from a decision of the Workers' Compensation Board, filed January 23, 2018, which denied claimant's application for reconsideration and/or full Board review.
Claimant, a carpenter, has a previously established claim for injuries to his right shoulder and back, a consequential psychological disorder and a head contusion, all due to a work-related accident in June 2015. Claimant received weekly awards until December 14, 2016, when the awards were suspended based upon reports that he no longer had a disability. At a December 13, 2016 hearing, a Workers' Compensation Law Judge (hereinafter WCLJ) directed that depositions be taken within 90 days to address the issue of whether claimant had an ongoing disability. Deposition testimony was submitted from claimant's treating physiatrist, orthopedist and psychiatrist, as well as the neurologist and orthopedist who examined claimant on behalf of the employer's workers' compensation carrier, providing conflicting medical opinions regarding whether claimant had an ongoing causally-related physical and psychiatric disability. Claimant's psychiatrist, Joel King, found that claimant had a causally-related depressive disorder, traumatic brain disorder and posttraumatic stress disorder. The carrier's psychiatrist, William Head Jr., submitted a report finding that claimant suffered from "mild depression" but found no causally-related psychiatric impairment or disability; Head did not testify as his scheduled deposition was not completed within the 90–day time frame. The WCLJ amended claimant's established claim to include a left shoulder injury, but found no further causally-related disability. On claimant's appeal, a panel of the Workers' Compensation Board issued a decision filed on September 6, 2017
upholding that determination, finding that claimant did not demonstrate that he had a further causally-related disability subsequent to December 16, 2017. The Board, in a decision filed January 23, 2018, denied claimant's subsequent application for reconsideration and/or full Board review. Claimant appeals from the Board's January 23, 2018 decision.
We affirm. Inasmuch as claimant has appealed from only the decision denying his application for...
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