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Failure to appeal an administrative law judges ruling precludes the reopening of the issue in a subsequent proceeding

Failure to appeal an administrative law judges ruling precludes the reopening of the issue in a subsequent proceeding
Matter of Cipriano v Onondaga County Corrections, 2009 NY Slip Op 01559, decided on March 5, 2009, Appellate Division, Third Department

Onondaga County Assistant Corrections Commissioner Peter A. Cipriano suffered a heart attack and underwent coronary bypass surgery. Two years later he was awarded workers' compensation benefits.

A year later Cipriano cease working due to stress-related angina episodes and was awarded compensation benefits for that condition as well.

When Cipriano subsequently underwent treatment for coronary artery disease, Onondaga County objected to paying for the treatment contending that it was not causally related to his employment. A Workers' Compensation Law Judge, rejecting Onondaga?s theory and determined that Cipriano sustained a permanent total disability, which decision was affirmed by the Workers' Compensation Board.

Onondaga County and its workers' compensation carrier appealed the Board?s decision. The Appellate Division affirmed the Board?s ruling.

The court noted that although a Workers' Compensation Law Judge had earlier determined that Cipriano's coronary artery disease was an occupational disease, it ?failed to seek Board review of that decision.? Thus, said the court, its present challenge to causation is not properly before us.

Rejecting Onondaga?s appeal, the Appellate Division said that ?As a final matter, we are satisfied that the Board properly reviewed and weighed the evidence and did not apply an incorrect standard in reaching its decision.?

The full text of the decision is posted on the Internet at:
http://www.courts.state.ny.us/reporter/3dseries/2009/2009_01559.htm

Full post as published by New York Public Personnel Law on March 09, 2009 (boomark / email).