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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. 2018 NY Slip Op 04801 [162 AD3d 1425]
Regular Panel Decision
Jun 28, 2018

Matter of McMillan v. Town of New Castle

Claimant, a police officer, filed a workers' compensation claim for a work-related anxiety disorder with phobic features due to blood exposure, supported by his treating psychiatrist. Initially, a Workers' Compensation Law Judge granted benefits, finding an occupational disease aggravating preexisting anxiety. However, the Workers' Compensation Board reversed this decision, ruling that the work-related stress was not greater than what typically occurs in normal police work. While claimant's application for reconsideration was pending, Workers' Compensation Law § 10 (3) (b) was amended, prohibiting disallowance of mental injury claims for police officers based on normal work stress in emergencies. The Appellate Division found that the Board erred in denying reconsideration without applying the new law, which had taken effect immediately. Consequently, the Appellate Division reversed the Board's decisions and remitted the matter for further proceedings.

Workers' CompensationMental Injury ClaimAnxiety DisorderPolice OfficerWork-Related StressOccupational DiseaseStatutory AmendmentRetroactive ApplicationReconsiderationAppellate Review
References
7
Case No. 534608
Regular Panel Decision
Jul 20, 2023

Matter of Brown v. New York City Tr. Auth.

Claimant Tracey Brown, a cleaner, sought workers' compensation benefits for anxiety and depression, attributing them to COVID-19 exposure and inadequate safety measures at the New York City Transit Authority. Despite a prior anxiety history, claimant contended her condition re-emerged after a May 2020 anxiety attack, preventing her return to work. Psychologist Eli Isaacson diagnosed a causally-related anxiety and major depressive disorder. However, a Workers' Compensation Law Judge (WCLJ) and subsequently the Workers' Compensation Board disallowed the claim, citing a lack of credible medical evidence linking the psychological condition to employment. The Appellate Division affirmed this decision, concurring that Isaacson's opinion lacked credibility due to its failure to consider claimant's prior anxiety treatment and anxiety experienced outside of work.

Workers' CompensationPsychological InjuryAnxiety DisorderMajor Depressive DisorderCausationMedical EvidenceCOVID-19 ExposureAppellate ReviewCredibilitySelf-insured Employer
References
6
Case No. 534559
Regular Panel Decision
Feb 16, 2023

In the Matter of the Claim of Tayna Bond

Claimant, a nurse, sought workers' compensation benefits for injuries sustained in an assault. The Workers' Compensation Law Judge initially established claims for head and neck injuries but found no causal relationship for anxiety and a right shoulder injury. The Workers' Compensation Board modified this decision to include cephalgia but otherwise affirmed. Claimant appealed, challenging the Board's findings regarding causally-related anxiety, the right shoulder injury, and the degree of her temporary partial disability. The Appellate Division affirmed the Board's decision, concluding that substantial evidence supported the Board's findings that anxiety and the right shoulder injury were not causally related, and that her partial disability was 80%, not 100%.

Workers' CompensationAnxiety DisorderRight Shoulder InjuryCausal RelationshipDisability AssessmentNurse InjuryPatient AssaultMedical EvidenceConflicting Medical OpinionsAppellate Review
References
18
Case No. MISSING
Regular Panel Decision

Howard v. City of New York

Plaintiff Christopher Howard sued the New York City Police Department for wrongful termination, alleging disability discrimination under the ADA and NYCHRL due to anxiety and panic attacks. The defendants moved for summary judgment, contending Howard could not perform essential police duties and they reasonably believed he was predisposed to disabling anxiety. The court granted summary judgment, finding Howard failed to present admissible medical evidence to dispute the NYPD psychologist's conclusion that he was vulnerable to recurring anxiety. Additionally, the court dismissed Howard's NYCHRL claims as defendants met their burden, and his retaliation claims were abandoned due to lack of evidence. Claims against the NYPD were also dismissed, as it is a non-suable agency of the City.

Wrongful terminationDisability discriminationAmericans with Disabilities Act (ADA)New York City Human Rights Law (NYCHRL)Summary judgmentPolice officerFitness for dutyAnxiety disorderPanic attacksMedical diagnosis
References
25
Case No. 534608
Regular Panel Decision
Jul 20, 2023

In the Matter of the Claim of Tracey Brown

Claimant Tracey Brown, a cleaner for the New York City Transit Authority, filed a claim for workers' compensation benefits alleging anxiety and depression due to COVID-19 exposure and inadequate safety measures at work. The employer controverted the claim, and a Workers' Compensation Law Judge (WCLJ) initially disallowed it. The Workers' Compensation Board affirmed the WCLJ's decision, finding that Brown failed to establish a causally-related psychological injury by competent medical evidence. The Appellate Division affirmed the Board's decision, concluding that the Board's factual finding, that the medical proof provided by psychologist Eli Isaacson was insufficient due to not considering Brown's prior anxiety treatment or anxiety outside of work, was supported by substantial evidence.

Workers' CompensationPsychological InjuryAnxietyDepressionCausal ConnectionCOVID-19Medical EvidenceAppellate DivisionBoard DecisionSelf-insured Employer
References
12
Case No. MISSING
Regular Panel Decision

Claim of Fonda v. Cambridge Filter Corp.

A claimant developed asbestosis from pre-1972 work-related asbestos exposure, diagnosed in 1991. Although the asbestosis did not cause pulmonary disability, the claimant developed a disabling panic or anxiety disorder due to the increased cancer risk. The Workers' Compensation Board denied benefits, ruling that pre-1974 asbestosis without total disability is non-compensable and a consequential anxiety disorder does not constitute an accident or occupational disease. The appellate court found that entitlement to compensation depends on whether the claimant was totally disabled by two inseparable causative agents, one of which was the asbestosis, especially since the Board had implied a causal link between asbestosis and the anxiety disorder. Because the Board failed to determine the extent of the claimant’s disability or the inseparability of the conditions, the decision was reversed and the matter remitted for further proceedings.

Workers' CompensationAsbestosisOccupational DiseaseAnxiety DisorderPanic DisorderCausationTotal DisabilityCompensabilityAppellate ReviewRemand
References
3
Case No. ADJ9549773
Regular
Nov 13, 2015

EDWARD BAUTISTA vs. ARLON GRAPHICS, TRAVELERS

The Appeals Board dismissed the applicant's petition for reconsideration or removal, finding the WCJ's order was not a final determination. The WCJ correctly ordered the applicant to first discuss his anxiety symptoms and need for psychological referral with his primary treating orthopedist. Applicant is not entitled to a second opinion from a psychologist until the primary treating physician has diagnosed the anxiety or determined a referral is unnecessary. Commissioner Sweeney dissented, believing the applicant had an absolute right to an MPN second opinion for his psychiatric condition without first obtaining a referral from his orthopedist.

ADJ9549773Arlon GraphicsTravelersPetition for ReconsiderationPetition for RemovalWorkers' Compensation Appeals BoardWCJLabor Code Section 4616.3Labor Code Section 4616.4Administrative Director Rules
References
4
Case No. STK 0204737
Regular
May 13, 2008

EDUARDO MACHADO vs. GALLO GLASS COMPANY

The Workers' Compensation Appeals Board denied Gallo Glass Company's petition for reconsideration, upholding a prior award finding applicant sustained industrial injury to his face, right shoulder, and related issues like sleeping problems, anxiety, and vision. While temporary disability was awarded for a specific period, permanent disability was deferred pending further evaluation, and future medical care was deemed necessary. The majority adopted the WCJ's report, finding sufficient evidence to link the anxiety, sleeping, and vision issues to the head injury, despite the defendant's arguments to the contrary.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings of Fact Award and OrderIndustrial InjuryJanitorTemporary DisabilityFuture Medical CarePermanent DisabilitySleeping ProblemsAnxiety
References
0
Case No. MISSING
Regular Panel Decision

Claim of Alves v. Hamilton

The claimant, a teacher, experienced multiple reassignments and received unfavorable evaluations, leading to claims of harassment and a causally related disability due to severe anxiety and mental anguish. Initially, an Administrative Law Judge ruled in the claimant's favor, but the Workers’ Compensation Board later rescinded the award. The Board determined there was no evidence of harassment and no causally related anxiety neurosis arising from employment. On appeal, the court reviewed the Board's decision, focusing on the substantial evidence and witness credibility. The court affirmed the Board’s decision, upholding its finding that the claimant was not harassed and that the factual determination was within the Board's sole province.

Workers' CompensationCausally Related DisabilityAnxiety NeurosisHarassmentSubstantial EvidenceCredibility of WitnessesFactual DeterminationAppellate ReviewTeaching EmploymentMental Anguish
References
2
Case No. MISSING
Regular Panel Decision
Aug 20, 2012

Pooler v. Nassau University Medical Center

Plaintiff Keith Pooler, an inmate, sued Nassau Health Care Corporation (NHCC), Dr. Bruce David, and Joseph Farhangian for deliberate indifference to his serious medical needs under 42 U.S.C. § 1983. Pooler alleged he was denied anxiety and sleeping disorder medication, leading to a severe anxiety attack and suicide attempt. Defendants sought summary judgment, arguing failure to exhaust administrative remedies and lack of deliberate indifference. The Court granted summary judgment for the defendants, citing Pooler's failure to exhaust remedies and finding no deliberate indifference. Consequently, federal claims were dismissed with prejudice, and state law claims without prejudice.

Prisoner Medical CareDeliberate IndifferenceEighth AmendmentSuicide AttemptMental Health ServicesSummary JudgmentExhaustion of Administrative RemediesPrison Litigation Reform Act42 U.S.C. Section 1983Pro Se Litigation
References
56
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