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Case Law Database

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

Case No. 532233
Regular Panel Decision
Jan 06, 2022

Matter of Moore v. U.S. Xpress, Inc.

Claimant, a truck driver, sought workers' compensation benefits for a back injury allegedly sustained in October 2015, which led to emergency thoracic spine surgery in February 2016 for an abscess. The Workers' Compensation Board denied the claim, finding that the injury did not arise out of and in the course of his employment, citing evidence that claimant initially denied a work-related injury and medical opinions suggesting the abscess was likely infectious, not traumatic, and unlikely caused by routine lifting. The Appellate Division affirmed the Board's decision, concluding it was supported by substantial evidence. The court also found no error in the WCLJ's denial of additional witness testimony or documentation, nor any abuse of discretion by the Board in denying reconsideration or full Board review.

Workers' CompensationCausationCourse of EmploymentBack InjurySpinal AbscessTrucking IndustryMedical EvidenceBoard ReviewAppellate AffirmationSubstantial Evidence
References
16
Case No. ADJ9917545
Regular
Nov 30, 2018

Richard Ray vs. Jed Francis, Inc., Zurich American Insurance Group, American Claims Management

The Workers' Compensation Appeals Board denied a petition for reconsideration, upholding the finding that Richard Ray sustained an industrial injury. This injury, originating from an eye incident, led to a MRSA infection, epidural abscess, paraplegia, and severe permanent impairments. Medical evidence from IME Dr. Feinberg, Dr. Edington, and Dr. Baum established a medical probability that the initial eye injury caused the subsequent severe cascade of medical conditions. The Board affirmed the WCJ's credibility determination regarding the applicant's testimony, finding no substantial contrary evidence.

Workers' Compensation Appeals Boardindustrial causationepidural abscessMRSAparaplegiasubstantial medical evidenceindependent medical evaluatorarising out of and in the course of employmentmedical sequelaeapportionment
References
0
Case No. ADJ557069 (LBO 0383687)
Regular
Mar 20, 2012

LEON SMITH vs. SECURITAS SECURITY SERVICES/PSI as administered by BROADSPIRE SERVICES

This case concerns an applicant who claimed an industrial injury from pushing hydraulic doors, resulting in a neck injury and quadriparesis. The WCJ found no industrial injury, relying on the opinion of a qualified medical evaluator (QME). The QME concluded that the applicant's severe cervical condition was caused by a pre-existing infectious abscess and would have manifested independently of the claimed industrial incident. The Appeals Board affirmed the WCJ's decision, finding substantial medical evidence from the QME that negated industrial causation and no need to further develop the record. The Board also admonished applicant's counsel for failing to properly verify and cite evidence in the petition for reconsideration.

Industrial injuryReconsiderationFindings of FactWCJIndustrial causationMedical evidenceQualified Medical EvaluatorCervical abscessSpinal collapseSubstantial evidence
References
8
Case No. MISSING
Regular Panel Decision

Claim of Lucas v. Peter Kiewit Sons Co.

Decedent Stanley Lucas, an electrician, died from generalized pancreatitis secondary to a ruptured pancreatic abscess, which was found to be a compensable injury. He was discovered lying on the ground at work by a co-worker after reportedly hurting himself on a plank, leading to a contusion on his pancreas. Medical testimony from Dr. Seymour Cutler and Dr. Lester M. Fox established a direct causal link between the work injury on January 23, 1975, and his death on January 27, 1975. The Workers' Compensation Board's finding that the claimant sustained an accident arising out of and in the course of employment, resulting in a causally related death, was supported by substantial evidence. The decisions of the Board were affirmed on appeal.

Workers' Compensation Law § 118Corroboration of AccidentDecedent's DeclarationsExpert Medical TestimonyAppellate ReviewCausal RelationshipPancreatic InjuryEmployment-Related DeathSubstantial Evidence ReviewBoard Affirmation
References
2
Case No. 2022 NY Slip Op 02031
Regular Panel Decision
Mar 23, 2022

Perez v. NES Med. Servs. of N.Y., P.C.

Francisco R. Perez and his wife sued NES Medical Services of New York, P.C. for medical malpractice, alleging failure to timely diagnose and treat a spinal epidural abscess. NES, which contracted with Lutheran Medical Center's emergency department, moved for summary judgment, arguing it was not vicariously liable as the physicians were independent contractors. The Supreme Court granted NES's motion. The Appellate Division, Second Department, reversed this decision, finding that NES failed to eliminate all triable issues of fact regarding the employment status of the emergency room physicians. The court emphasized that control over the method and means of work is critical in determining contractor vs. employee status, and NES did not provide sufficient evidence.

Medical MalpracticeVicarious LiabilityIndependent ContractorRespondeat SuperiorSummary JudgmentEmergency RoomSpinal Epidural AbscessAppellate ReviewEmployment StatusTriable Issues of Fact
References
12
Case No. MISSING
Regular Panel Decision

FISHER BY FISHER v. New York Health and Hospitals Corp.

Plaintiffs Naquan Fisher and Felice Fisher sued the New York City Health and Hospitals Corporation and three physicians for injuries sustained by Naquan in December 1993, alleging violations of the Emergency Medical Treatment and Active Labor Act (EMTALA) and medical malpractice. Naquan, initially discharged from Woodhull Hospital with a viral diagnosis after a snowball fight injury, later developed a severe brain abscess requiring emergency surgery. The defendants sought summary judgment on the federal EMTALA claims. The court granted summary judgment, finding no private cause of action against individual physicians under EMTALA and concluding that the hospital's screening and stabilization procedures did not violate the statute's equal treatment requirements. However, the court opted to retain supplemental jurisdiction over the state law medical malpractice claim, citing the extended legal process and the infant plaintiff's ongoing suffering.

Summary JudgmentEMTALAMedical MalpracticeEmergency Room CareHospital LiabilityPhysician LiabilityMisdiagnosisPatient DischargeFederal ClaimsState Law Claims
References
21
Case No. MISSING
Regular Panel Decision
Feb 25, 1982

Claim of Bauman v. Chili Furniture & Appliances, Inc.

This case involves an appeal that reversed a Workers' Compensation Board decision which had discharged the Special Fund for Reopened Cases from liability. The claimant, who suffered the loss of a leg in a 1964 work-related accident, required recurring replacement of his prosthetic device, with medical reports from 1976 and 1978 also indicating an abscess and pressure area on his stump. The Board reopened the case based on these reports, concluding they signified a "change in condition" within three years of the last compensation payment, thereby exempting the Special Fund. However, the Appellate Division determined that the need for prosthesis replacement is a continuing requirement and not a new medical condition for the purposes of Workers’ Compensation Law § 25-a. The court further found that the medical reports did not clearly indicate a new or changed condition beyond the claimant's continuing disability. Consequently, the Board's decision was reversed for lacking a rational basis, and the matter was remitted for additional proceedings.

Prosthetic Device ReplacementWorkers' Compensation Law § 25-aSpecial Fund for Reopened Cases LiabilityChange in ConditionMedical Report InterpretationNotice to BoardContinuing DisabilityAppellate DivisionRemittalAbscess on Stump
References
6
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