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

Case No. 2021 NY Slip Op 04626 [197 AD3d 518]
Regular Panel Decision
Aug 04, 2021

D. S. v. Positive Behavior Support Consulting & Psychological Resources, P.C.

This case involves an appeal by the Port Jefferson School District from an order denying its motion to dismiss a personal injury complaint. The infant plaintiff, a special education student, was allegedly injured by a therapist, Vito Silecchia, during a behavioral therapy session. The plaintiffs sued the School District, among others, alleging Silecchia was an employee or agent. The District contended Silecchia was an independent contractor retained through Positive Behavior Support Consulting and Psychological Resources, P.C. The Appellate Division affirmed the Supreme Court's denial of the dismissal motion, stating that the complaint adequately stated a cause of action and that documentary evidence did not conclusively establish an independent contractor relationship, given provisions in the agreement suggesting the District maintained some control over the services.

Personal InjuryRespondeat SuperiorIndependent ContractorMotion to DismissAppellate ReviewVicarious LiabilitySchool District LiabilitySpecial EducationTherapist NegligenceCPLR 3211 (a) (1)
References
25
Case No. 2017-08-0751; State File No. 15611-2016
Regular Panel Decision
Apr 15, 2019

Holdway, Terri v. Lakeside Behavioral Health Systems

This case concerns Terri Holdway, a nurse seeking workers' compensation benefits for a mental injury allegedly stemming from a patient assault in February 2016 at Lakeside Behavioral Health Systems. Ms. Holdway claimed PTSD, depression, and anxiety, but medical records indicated pre-existing mental health issues. The court heard conflicting expert testimonies from Dr. Melvin Goldin, who diagnosed PTSD, and Dr. Joel A. Reisman, who refuted the PTSD diagnosis, citing Ms. Holdway's return to work and lack of avoidance behavior. The court sided with Dr. Reisman, finding that Ms. Holdway did not prove her mental injury arose primarily from her employment. Consequently, the claim for mental injury benefits was denied, though ongoing medical benefits for her facial injury were awarded.

Mental Injury ClaimPTSD DenialWorkers' Compensation BenefitsNurse InjuryPatient AssaultPre-existing ConditionsExpert Medical TestimonyDSM 5 CriteriaCausation DisputeEmployment Stress
References
4
Case No. MISSING
Regular Panel Decision
Jul 26, 2006

Velez v. Daar

In a medical malpractice action, the plaintiff sought damages for psychological and emotional injuries stemming from a failure to diagnose thyroid cancer. The plaintiff engaged in psychotherapy with Dr. Velma Stade and initially limited the disclosure of related notes. However, during a deposition, the plaintiff disclosed that factors beyond the thyroid cancer, such as work environment and family issues, contributed to his psychological symptoms. Consequently, the defendant sought full disclosure of Dr. Stade's notes, arguing that the plaintiff had waived his psychotherapist-client privilege. The Supreme Court reversed the motion court's protective order, determining that the plaintiff had indeed waived the CPLR 4508 social worker-patient confidentiality privilege by placing his psychological condition in controversy, thereby making the disclosure of the sensitive records warranted.

medical malpracticepsychotherapyconfidentiality privilegewaiver of privilegeCPLR 4508psychological injuriesemotional distressthyroid cancerdisclosure of recordssocial worker-patient privilege
References
2
Case No. MISSING
Regular Panel Decision
Mar 28, 2014

Gallen v. County of Rockland

This case concerns an appeal by defendants Jay L. Lombard and Brain Behavior Center-Rockland from the denial of their motion for summary judgment in a medical malpractice and wrongful death action. The plaintiff's decedent, after a suicide attempt, was discharged from Valley Hospital with a safety contract. The same day, he was seen by defendant Lombard, a neurologist, who performed a suicide assessment, prescribed medication, and concluded there was no immediate risk, but the decedent committed suicide a week later. The Supreme Court denied the defendants' motion for summary judgment, and the appellate court affirmed, finding a triable issue of fact regarding whether Lombard departed from good medical practice by failing to obtain prior records and conducting an inadequate suicide assessment.

Medical MalpracticeWrongful DeathSuicide AssessmentNeurologist LiabilitySummary JudgmentAppellate ReviewStandard of CareProximate CausePatient DischargePsychiatric Treatment
References
6
Case No. ADJ685961 (VEN 0120428) ADJ3005615 (PAS 0035964)
Regular
Aug 06, 2018

STEPHANIE CURRY vs. PACIFIC CARE BEHAVIORAL HEALTH CARE, INC., THE TRAVELERS INSURANCE COMPANY, ROSEMARY COTTAGE, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, FREMONT INDEMNITY COMPANY, SEDGWICK CLAIMS MANAGEMENT SERVICES

Applicant Stephanie Curry suffered industrial injuries from employment with Pacific Care Behavioral Health Care, Inc. and Rosemary Cottage, leading to disputes regarding the scope of injury and compensation. The Workers' Compensation Appeals Board (WCAB) granted reconsideration of prior awards against CIGA and Travelers Insurance Company. Ultimately, the parties entered into a Compromise and Release agreement, which the WCAB approved, resolving all claims for a settlement payment of $1,363,071.00 from Travelers to applicant, thereby rescinding the prior findings and awards.

Workers' Compensation Appeals BoardStephanie CurryPacific Care Behavioral Health CareInc.Fremont Indemnity CompanyliquidationSedgwick Claims Management Servicesconsequential injurynew and further disabilitytemporary partial disability
References
0
Case No. ADJ8110632, ADJ8110825
Regular
Apr 26, 2019

DOMINGO HERNANDEZ vs. WMLS, INC., and TWIN CITY FIRE INSURANCE/THE HARTFORD, and SOUTHERN INSURANCE COMPANY, adjusted by MAKEL SERVICES, INC.

Defendant sought reconsideration of an award of future medical treatment for a 2010 back injury, arguing it was erroneous. The Workers' Compensation Appeals Board denied reconsideration, finding the award supported by evidence. Medical evaluations recommended continued home exercises, over-the-counter medication for the back, and cognitive behavioral therapy for the psyche. Labor Code section 4600 mandates provision of all treatment reasonably required to cure or relieve the effects of an industrial injury, which includes recommended conservative care.

Workers Compensation Appeals BoardJoint Findings and AwardPetition for ReconsiderationPanel Qualified Medical EvaluatorPQMEPermanent DisabilityFurther Medical TreatmentLabor Code Section 4600Low Back InjuryPsyche Injury
References
2
Case No. OXN 126995
Regular
Nov 07, 2007

CHARLES DURHAM vs. MISSION LINEN SUPPLY, SECURITY INSURANCE COMPANY OF HARTFORD, FIDELITY AND CASUALTY COMPANY OF CONNECTICUT, ACCELERATED CLAIMS SERVICES, INC

This case involves a workers' compensation claim where the applicant sustained a low back injury. The core dispute centers on whether cognitive behavioral therapy is a compensable medical treatment for the applicant's chronic pain resulting from a failed surgery, despite the defendant's arguments about a non-industrial psychiatric component. The Workers' Compensation Appeals Board denied reconsideration, adopting the Administrative Law Judge's report that emphasized the treating physician and Qualified Medical Examiner recommendations supporting the therapy as essential to relieve the effects of the orthopedic injury.

Cognitive behavioral therapyFailed back surgeryPain managementQualified Medical ExaminerUtilization ReviewLabor Code § 3208.3Labor Code § 4600Labor Code § 4610Labor Code § 4062Compensable psychiatric injury
References
5
Case No. MISSING
Regular Panel Decision

Eli v. Eli

The case concerns a father's application for extensive, overnight visitation with his child, which the mother opposed due to allegations of sexual abuse. The court, presided over by Judge Jeffry H. Gallet, reviewed extensive testimony from fourteen witnesses, including psychologists and social workers. Despite the child's behavioral issues and initial reports by the mother and social workers, the court found insufficient evidence to support the sexual abuse allegations against the father. The decision outlines the implementation of a transitional visitation arrangement and recommends psychotherapy for both parents to address the emotional trauma and improve co-parenting.

Child CustodyVisitation RightsChild Sexual Abuse AllegationsExpert Witness TestimonyPsychological EvaluationSocial Worker AssessmentHearsay EvidenceCorroboration RequirementPosttraumatic Stress Disorder (PTSD)Adjustment Disorder
References
33
Case No. ADJ7825620
Regular
Sep 04, 2018

URBAN JONES vs. THE HIGHER PATH HOLISTIC CARE, INC.

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a prior award concerning medical treatment for applicant Urban Jones. The WCAB amended the award to find applicant entitled to an inpatient psychological rehabilitation program, which had been approved by utilization review (UR). Two earlier UR decisions regarding outpatient cognitive behavioral therapy and medication management were found untimely due to improper notification to applicant's attorney, and the issue of their medical necessity was deferred. The WCAB affirmed the entitlement to the inpatient program, ordering it provided at the specified facility as per the UR approval.

Uninsured Employers Benefits Trust FundUtilization ReviewPetition for ReconsiderationCognitive Behavioral TherapyInpatient Psychological Rehabilitation ProgramTimeliness of Utilization ReviewIndependent Medical ReviewMedical TreatmentAdministrative Law JudgeFindings of Fact & Award
References
12
Case No. B-73812
Regular Panel Decision

Coe v. Bell

The federal court denied Robert Glen Coe's habeas corpus petition, which challenged his competency to be executed. The court reviewed the state court's findings, applying the 'cognitive test' from Van Tran v. State, requiring a prisoner to understand the fact and reason for their impending execution. Diverse medical experts presented conflicting diagnoses of Coe's mental state, including schizophrenia, dissociative identity disorder, and personality disorders, alongside debates on malingering. The court upheld the state court's determination, finding its decision not 'unreasonable' under AEDPA standards, after considering the expert testimonies and Coe's behavior during the proceedings.

Habeas CorpusCompetency to be executedEighth AmendmentFourteenth AmendmentDue ProcessMental IllnessSchizophreniaDissociative Identity DisorderForensic PsychiatryNeuropsychology
References
43
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