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Case No. ADJ3473190

Regular

Jan 29, 2020

NANCY ARCHIBALD vs. SPELLING ENTERTAINMENT

The Workers' Compensation Appeals Board affirmed a prior award finding applicant sustained injury to her wrists and hands, and that future medical care is subject to utilization review and independent medical review. Applicant argued that her specific treatments were exempt from IMR, citing a past stipulation for her primary treating physician to resolve disputes. However, the Board found the stipulation was not a clear waiver of IMR rights, distinguishing it from prior cases. Applicant also failed to prove defendant unilaterally terminated long-term provision of therapy without justification.

Workers' Compensation Appeals BoardReconsiderationFindings and AwardUtilization Review (UR)Independent Medical Review (IMR)Stipulations with Request for AwardBilateral WristsExecutive Director/AuditorMassage TherapyPilates

References

Case No. MISSING

Regular Panel Decision

Mar 12, 2020

Matter of Estate of Archibald v. New York City Hous. Dept.

The case concerns the death of an infant following a severe asthma attack, with plaintiffs alleging negligence against the New York City Housing Authority (NYCHA) due to inoperable elevators and against City defendants for negligent treatment. The Supreme Court, Bronx County, granted summary judgment to both NYCHA and the City defendants, dismissing the complaint. The Appellate Division, First Department, affirmed this decision, finding that the City defendants owed no special duty to the plaintiffs, and their employees made no promises to create such a relationship. The court also upheld the summary judgment for NYCHA, noting that testimony contradicted claims of inoperable elevators, and plaintiffs failed to demonstrate that any alleged delay was the proximate cause of the infant's death.

Asthma AttackInoperable ElevatorsEmergency Medical ServicesNegligenceSummary JudgmentSpecial DutyProximate CauseAppellate ReviewNew York City Housing AuthorityCity of New York

References

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NANCY ARCHIBALD vs. SPELLING ENTERTAINMENT

Matter of Estate of Archibald v. New York City Hous. Dept.

Asthma AttackInoperable ElevatorsEmergency Medical ServicesNegligenceSummary JudgmentSpecial DutyProximate CauseAppellate ReviewNew York City Housing AuthorityCity of New York