Matter of Zaremski v. New Visions

Summary

The New York Supreme Court, Appellate Division, Third Department reversed a Workers’ Compensation Board decision denying James Zaremski reduced-earnings benefits after January 22, 2013. The court held that the Board failed to explain its departure from prior precedent concerning consideration of earnings from noncovered self-employment and remitted the matter for further proceedings.

Holdings

1. The Board's decision was arbitrary because it departed from prior Board precedent regarding the treatment of wages from noncovered concurrent employment without explaining the reasons for the departure.
2. Under the Board's prior precedent, wages from noncovered concurrent employment may not be included in calculating average weekly wages under Workers' Compensation Law § 14 (6), but must be taken into account when computing reduced earnings under Workers' Compensation Law § 15 (5-a).

Questions Presented

1. Whether the Workers' Compensation Board acted arbitrarily by departing from its prior precedent concerning the consideration of wages from noncovered concurrent employment in calculating reduced earnings without explaining the departure.
2. Whether claimant's self-employment constituted covered concurrent employment under Workers' Compensation Law § 14 (6).

Disposition

reversed_and_remanded