Matter of Boehm v. Town of Greece


Matter of Boehm v Town of Greece (2021 NY Slip Op 04401) Matter of Boehm v Town of Greece 2021 NY Slip Op 04401 Decided on July 15, 2021 Appellate Division, Third Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports. Decided and Entered:July 15, 2021 531634 [*1]In the Matter of the Claim of Michael J. Boehm, Respondent, vTown of Greece et al., Appellants. Workers' Compensation Board, Respondent. Calendar Date:June 3, 2021 Before:Garry, P.J., Egan Jr., Aarons, Pritzker and Reynolds Fitzgerald, JJ. Hamberger & Weiss LLP, Rochester (Stephen P. Wyder Jr. of counsel), for appellants. Segar & Sciortino PLLC, Rochester (Mark J. Hayden of counsel), for Michael J. Boehm, respondent. Letitia James, Attorney General, New York City (Nina M. Sas of counsel), for Workers' Compensation Board, respondent. Reynolds Fitzgerald, J. Appeal from a decision of the Workers' Compensation Board, filed September 17, 2019, which ruled that the self-insured employer and its third-party administrator failed to comply with 12 NYCRR 300.13 (b) and denied review of a decision by the Workers' Compensation Law Judge. In July 2012, claimant, a police officer, sustained injuries during an altercation with a suspect. His subsequent claim for workers' compensation benefits was established, and later amended, for injuries to his left hand, left shoulder, left knee, torso and neck. Hearings ensued and, in a September 2018 decision, a Workers' Compensation Law Judge (hereinafter WCLJ) found, among other things, that claimant was attached to the labor market, that a job offer made to claimant by the self-insured employer was not in good faith because it exceeded claimant's documented work restrictions and that the employer's allegations that claimant had violated Workers' Compensation Law § 114-a were unfounded. In October 2018, the self-insured employer and its third-party administrator (hereinafter collectively referred to as the employer) filed an application for review (form RB-89) by the Workers' Compensation Board challenging the WCLJ's findings. The Board subsequently denied the employer's application for Board review based upon its failure to provide a complete response to question number 13 on that application. The employer appeals. We affirm. We have consistently recognized that "the Board may adopt reasonable rules consistent with and supplemental to the provisions of the Workers' Compensation Law, and the Chair of the Board may make reasonable regulations consistent with the provisions thereof" (Matter of Randell v Christie's Inc., 183 AD3d 1057, 1059 [2020] [internal quotation marks and citations omitted]; see Matter of Haner v Niagara County Sheriff's Dept., 188 AD3d 1432, 1433 [2020]; Matter of Currie v Rist Transp. Ltd., 181 AD3d 1121, 1122 [2020]). Those regulations require, in relevant part, that "an application to the Board for administrative review of a decision by a [WCLJ] shall be in the format as prescribed by the Chair [and] . . . must be filled out completely" (12 NYCRR 300.13 [b] [1]; see Matter of Simon v Mehadrin Prime, 184 AD3d 927, 928 …

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