Name

Maeve O'Reily v. The Home Depot

Insurance Company

Helmsmen Management Services

Date Decided

March 31, 2026

Panel Members

Bryan Chabot

Katherine Gatti Rooks

Mike Stovall

Categories

Partial Incapacity 14-Day Rule 14-Day Rule Partial Incapacity

Tags

File Size

259 KB

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Summary from the Troubh Heisler Attorneys

O’Reily v. Home Depot- Appellate Division affirms ALJ decision finding a 14-day violation by Home Depot but ordering the penalty be paid to Planet Fitness, the employee’s subsequent employer where an aggravation injury occurred, and which was paying the employee total benefits. Where the employee did not conduct a good faith work search, it was not error for the ALJ to impute a full time minimum wage earning capacity.

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