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

Case No. 2019 NY Slip Op 02881 [171 AD3d 1071]
Regular Panel Decision
Apr 17, 2019

Matter of Outhouse v. Cortlandt Community Volunteer Ambulance Corps, Inc.

Angela Outhouse, an emergency medical technician, initiated a CPLR article 78 proceeding to compel Cortlandt Community Volunteer Ambulance Corps, Inc. (Volunteer Ambulance) to produce records under the Freedom of Information Law (FOIL). Outhouse sought records related to the rejection of her reinstatement application. Volunteer Ambulance contended it was not an "agency" subject to FOIL. The Supreme Court, Westchester County, initially granted Outhouse's petition. However, the Appellate Division, Second Department, reversed this decision, finding that Volunteer Ambulance, despite contracting with a town district for services, does not meet the criteria of a governmental entity performing a governmental function under Public Officers Law § 86 (3), and therefore is not an agency subject to FOIL. The proceeding was dismissed.

Freedom of Information Law (FOIL)CPLR article 78Agency DefinitionNot-for-Profit CorporationGovernmental FunctionPublic Officers LawVolunteer Ambulance CorpsRecord ProductionAppellate ReviewReversal
References
7
Case No. MISSING
Regular Panel Decision

Claim of Carey v. Medford Volunteer Ambulance Corp.

The claimant, a volunteer ambulance worker in Suffolk County, sustained a back injury in November 1998. A Workers’ Compensation Law Judge found she had a permanent partial disability with a 50% impairment in earning capacity and awarded benefits from February 3, 1999 to May 7, 2003, and continuing thereafter. The Workers’ Compensation Board affirmed this decision. The employer and its workers’ compensation carrier appealed, arguing that the claimant’s return to employment in a different position without a loss of income required a contrary decision. However, the court affirmed the Board's decision, emphasizing that the Volunteer Ambulance Workers’ Benefit Law bases benefits on a loss of earning capacity, not actual reduced income, and found substantial medical evidence supported the Board's determination.

Workers' CompensationPermanent Partial DisabilityEarning CapacityVolunteer Ambulance WorkerBack InjuryAppellate ReviewMedical EvidenceStatutory InterpretationBenefit LawNew York
References
2
Case No. CA 13-02156
Regular Panel Decision
Jun 20, 2014

CLAYPOOLE, CHRISTINA v. TWIN CITY AMBULANCE CORP.

Plaintiffs Christina and Joseph Claypoole brought a personal injury action against Twin City Ambulance Corp., alleging negligence by defendant's employees resulted in Christina sustaining a hip fracture during ambulance transport. Defendant sought summary judgment, denying negligence and lack of causation. The Supreme Court denied the motion, leading to defendant's appeal. The Appellate Division affirmed the lower court's decision, concluding that the doctrine of res ipsa loquitur was applicable. The court found that the evidence, including Christina being unconscious and in defendant's exclusive custody when she sustained the fracture, raised triable issues of fact regarding defendant's negligence, thus properly denying the summary judgment motion.

Personal InjuryNegligenceAmbulanceHip FractureRes Ipsa LoquiturSummary JudgmentAppellate ReviewExclusive ControlProximate CauseMedical Transport
References
13
Case No. MISSING
Regular Panel Decision
May 13, 2013

Claypoole v. Twin City Ambulance Corp.

Plaintiffs, including Christina Claypoole, initiated a personal injury action against an unnamed defendant, alleging negligence during Claypoole's ambulance transport which led to a hip fracture. The defendant sought summary judgment to dismiss the complaint, asserting a lack of negligence and evidence of injury under their care. The Supreme Court denied this motion, prompting the defendant's appeal. The appellate court affirmed the lower court's decision, concluding that the doctrine of res ipsa loquitur was applicable based on the defendant's own submissions, thereby establishing triable issues of fact concerning negligence. The evidence indicated that Claypoole, while unconscious and in the exclusive custody of the defendant, sustained a hip fracture, and experienced pain only after being in the ambulance, reinforcing the applicability of res ipsa loquitur.

Personal InjuryNegligenceRes Ipsa LoquiturSummary JudgmentAmbulance TransportHip FractureAppellate ReviewExclusive ControlTriable Issues of FactProximate Cause
References
9
Case No. MISSING
Regular Panel Decision
Jun 22, 1983

Claim of McCabe v. Peconic Ambulance & Supplies, Inc.

The claimant, an employee of Peconic Ambulance & Supplies, Inc., sustained severe injuries in an unwitnessed ambulance accident on November 7-8, 1980, while on call. Rendered comatose, the claimant could not testify. The Workers' Compensation Board affirmed a referee's award of benefits, finding the accident arose out of and in the course of employment, relying on the Workers' Compensation Law § 21 presumption for unwitnessed accidents. The carrier appealed, challenging the compensability finding, the credibility of the claimant's brother's testimony, and the denial of a hearing transfer for a coemployee's testimony. The court affirmed the Board's decision, upholding the application of the presumption, the Board's role as the sole judge of witness credibility, and ruling no abuse of discretion in denying the transfer due to the coemployee's repeated failure to honor subpoenas.

Workers' CompensationUnwitnessed AccidentCourse of EmploymentPresumption of CompensabilityWitness CredibilitySubpoena EnforcementAppellate ReviewBoard DecisionAmbulance ServiceIndustrial Accident
References
6
Case No. 2020 NY Slip Op 04895 [186 AD3d 1768]
Regular Panel Decision
Sep 03, 2020

Matter of Demarco v. Trans Care Ambulance

Claimant Gina DeMarco, an emergency medical technician, sustained back and neck injuries in 2005, leading to a classification of permanently partially disabled. Her benefits were later suspended due to insufficient evidence of labor market attachment. Following a request for further action under an amendment to Workers' Compensation Law § 15 (3) (w), a Workers' Compensation Law Judge ruled in May 2018 that DeMarco was entitled to benefits without needing to show labor market attachment. The employer and carrier appealed to the Workers' Compensation Board, which denied their application for administrative review as incomplete because it failed to specify the date an objection was interposed, as required by 12 NYCRR 300.13 (b) (2) (ii). The Appellate Division affirmed the Board's decision, concluding that the Board did not abuse its discretion in denying review due to the carrier's non-compliance with regulatory requirements.

Workers' Compensation LawAdministrative ReviewLabor Market AttachmentAppellate DivisionRegulatory ComplianceClaim DenialPermanent Partial DisabilityWCLJ DecisionForm RB-89
References
9
Case No. MISSING
Regular Panel Decision

Perkins v. Dryden Ambulance, Inc.

In April 1999, plaintiff Kathleen Perkins, a paramedic working for the Town of Dryden and supplementing defendant's staff, was exposed to a disinfecting solution in an ambulance owned by the defendant, leading to respiratory distress and hospitalization. She and her husband filed a negligence suit against the defendant. The defendant sought summary judgment, arguing that workers' compensation was the exclusive remedy due to plaintiff being a special employee. The Supreme Court denied this motion, citing an unresolved factual issue regarding the special employment relationship. On appeal, the higher court affirmed the denial of summary judgment, concluding that a question of fact remained concerning the level of control exercised by the defendant over the plaintiff, which is crucial in determining special employment. The court also upheld the denial of summary judgment regarding co-employment and joint venture claims.

Workers' Compensation ExclusivitySpecial Employment DoctrineSummary Judgment MotionNegligence ClaimAppellate AffirmationFactual DisputeEmployer ControlParamedic InjuryAmbulance Disinfectant ExposureRespiratory Illness
References
4
Case No. 2024 NY Slip Op 05854 [232 AD3d 1077]
Regular Panel Decision
Nov 21, 2024

Matter of Lamont v. Superior Ambulance Serv. Inc.

This case involves an appeal from a decision of the Workers' Compensation Board concerning death benefits for Dalena Lamont, widow of Thomas Lamont. Thomas Lamont, a participant in World Trade Center rescue operations, was diagnosed with rectal cancer in 2017, established as an occupational disease. He died in 2022 from metastatic rectal cancer, leading his widow to file for death benefits. The Workers' Compensation Law Judge (WCLJ) and subsequently the Board determined that his death was consequential to the established lifetime claim and that death benefits should be calculated based on his average weekly wage at the time of disablement (September 28, 2017), with Safety National Casualty Corp. as the liable carrier. The Appellate Division affirmed the Board's decision, agreeing that the date of disablement, rather than the date of death, is the proper date for calculating the average weekly wage for death benefits in occupational disease cases.

World Trade CenterWTC Rescue OperationsOccupational DiseaseRectal CancerDeath BenefitsAverage Weekly WageDate of DisablementWorkers' Compensation BoardAppellate DivisionThird Department
References
12
Case No. ADJ7959316 ADJ8228747
Regular
Jul 05, 2018

ALAN LIVHITS vs. DEPENDABLE CARE TRANSPORTATION, DEPENDABLE CARE AMBULANCE, SUSSEX INSURANCE COMPANY, CALIFORNIA INSURANCE COMPANY, PRAETORIAN INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration to address defendant California Insurance Company's (CIC) contentions. CIC disputes the arbitrator's finding that applicant was not employed by Dependable Care Ambulance and argues that certain insurance policies should provide coverage under equitable principles. The Board found the arbitrator's decision lacked an adequate evidentiary record, specifically noting the failure to admit and clearly identify documentary evidence. Therefore, the matter is returned to the arbitrator to create a complete record before issuing a new decision.

ADJ7959316ADJ8228747Dependable Care TransportationDependable Care AmbulanceCalifornia Insurance CompanyPraetorian Insurance CompanySussex Insurance CompanyPetition for ReconsiderationArbitratorLabor Code Section 5500.5
References
11
Case No. ADJ6461309
Regular
Jul 19, 2012

JOSEPH MARTIN vs. City of Ukiah, Permissibly Self-Insured, administered by REDWOOD EMPIRE MUNICIPAL FUND

The Workers' Compensation Appeals Board denied reconsideration, upholding the WCJ's decision regarding air ambulance service fees. The board found that California Administrative Rule 9789.70, which dictates reasonable fees for ambulance services, is preempted by the federal Airline Deregulation Act. This preemption applies because the rule attempts to regulate the prices and services of air carriers, which is exclusively within federal purview. Therefore, the board concluded that the specific fee limitations in Rule 9789.70 do not apply to air ambulance services.

Workers Compensation Appeals BoardAD Rule 9789.70Air Ambulance ServicesAirline Deregulation ActADA Preemption49 U.S.C. § 41713(b)(1)Morales v. Trans World AirlinesState Regulation of Air CarriersWCABPetition for Reconsideration
References
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