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

Case No. 2022 NY Slip Op 03327 [205 AD3d 548]
Regular Panel Decision
May 19, 2022

Newman v. Mount Sinai Med. Ctr., Inc.

Plaintiff Aja Newman appealed two orders related to discovery in her lawsuit against Mount Sinai for negligent hiring, retention, and supervision, stemming from sexual assaults committed by defendant Dr. David Newman on her and three other patients. The Supreme Court had denied Newman's motions to compel discovery regarding the identities of the other patients and hospital workers, and granted Mount Sinai's cross-motion for a protective order, citing quality assurance and HIPAA privileges. The Appellate Division reversed both orders, ruling that Mount Sinai failed to prove entitlement to the quality assurance privilege for all requested documents and that the doctor-patient privilege does not cover incidents of abuse. The court also clarified that HIPAA regulations allow for disclosure subject to a qualified protective order. The Appellate Division granted Newman's motions, directing Mount Sinai to disclose patient identities under a protective order, provide identities of Newman's coworkers, produce party statements from ordinary business records, and prepare a privilege log for quality assurance materials for in camera review, remanding the matter for further proceedings.

Discovery DisputeNegligent HiringNegligent SupervisionQuality Assurance PrivilegeHIPAADoctor-Patient PrivilegeSexual AssaultPatient ConfidentialityProtective OrderPrivilege Log
References
13
Case No. MISSING
Regular Panel Decision

Claim of Leon v. Newman

The claimant was injured after falling from a scaffold while plastering a ceiling in an apartment owned by Steven Newman. He sought workers' compensation benefits, claiming an employer-employee relationship with Newman. The Workers' Compensation Board affirmed a WCLJ decision finding such a relationship, despite Newman being uninsured. However, the appellate court reversed the Board's decision, concluding that there was insufficient evidence to establish an employer-employee relationship. The court found that the claimant was a skilled craftsperson who worked autonomously and was hired through an intermediary. The matter was remitted for further proceedings.

Employer-Employee RelationshipIndependent Contractor StatusScaffold Fall InjuryAppellate ReviewSufficiency of EvidenceWitness PreclusionUninsured Employer LiabilityRemand OrderWorkers' Compensation BoardJudicial Review
References
5
Case No. 15-01392
Regular Panel Decision
Oct 24, 2018

Music Mix Mobile LLC v. Newman (In re Stage Presence, Inc.)

This adversary proceeding involves claims by Music Mix Mobile, LLC and other plaintiffs against Stage Presence, Inc. and its owner, Allen Newman. Plaintiffs alleged they were not paid for services provided for a benefit concert and sought to hold Mr. Newman personally liable for Stage Presence's debts under alter ego or piercing the corporate veil theories. The court analyzed whether Mr. Newman excessively dominated Stage Presence and if this was used to perpetrate fraud or injustice. The decision concluded that Stage Presence maintained its separate corporate identity in key financial and operational aspects, and Mr. Newman genuinely believed the concert's funding was legitimate. Consequently, the court dismissed the alter ego claims against Mr. Newman while allowing the underlying claims against Stage Presence.

Bankruptcy LawAlter Ego DoctrinePiercing the Corporate VeilCorporate LiabilityCreditor ClaimsDebtor-Creditor LawFraudulent MisrepresentationContractual ObligationsCorporate FormalitiesUndercapitalization
References
33
Case No. 536034 CV-22-2074
Regular Panel Decision
Dec 14, 2023

Matter of Newman v. Project Renewal, Inc.

The claimant, Hillary Newman, appealed two decisions of the Workers' Compensation Board concerning her established workers' compensation claim. Newman sustained injuries in May 2016 and subsequently had an intervening accident in September 2017. While she disclosed the intervening accident to her treating physician, this information was not available to an independent medical examiner (IME) when she completed a questionnaire on April 27, 2018, denying any subsequent injuries. The Workers' Compensation Board found Newman violated Workers' Compensation Law § 114-a for knowingly making a false statement and imposed both mandatory and discretionary penalties. The Appellate Division, Third Department, affirmed the finding of a § 114-a violation, supported by substantial evidence. However, the court modified the duration of the mandatory penalty, ruling it should extend only until June 11, 2018, when the medical report detailing the intervening accident was filed and available to the carrier, rather than until April 9, 2021. The appeal from the earlier Board decision was dismissed as moot.

Workers' CompensationFraudMisrepresentationIndependent Medical ExaminationMandatory PenaltyAppellate ReviewCredibility IssueMaterial FactIntervening AccidentMedical Report Disclosure
References
10
Case No. 05-CV-4424 (DRH)
Regular Panel Decision

NEWMAN AND CAHN, LLP. v. Sharp

This case involves a Notice of Removal filed by Linda Sharp, a non-party, seeking to transfer an action from the Supreme Court of the State of New York, County of Suffolk, to federal court. The original state court action was between Newman & Cahn, LLP, as plaintiff, and Michael Sharp, as defendant, concerning legal services. Linda Sharp, Michael Sharp's former spouse, alleged due process and federal statute violations as grounds for removal. The District Court denied Linda Sharp's Petition for Removal and granted Newman & Cahn, LLP's motion to remand the case back to state court, concluding that a non-party lacks standing for removal and alleged state court due process violations do not establish federal removal jurisdiction. Additionally, the Court denied the plaintiff's request for attorney's fees and sanctions, noting pro se litigants are generally not entitled to such awards.

Federal JurisdictionRemoval of ActionRemandPro Se LitigantDue Process ViolationsNon-Party RemovalAttorneys' FeesRule 11 SanctionsSubject Matter JurisdictionStanding to Remove
References
29
Case No. ADJ10303237
Regular
Oct 26, 2016

MARLENE COLLINS vs. F.CORBY DALE AND ELIZABETH DALE

This case involves a Petition for Removal filed by Marlene Collins against F.Corby Dale and Elizabeth Dale. The Workers' Compensation Appeals Board has issued an order dismissing this petition. The dismissal is due to the petitioner having withdrawn their request for removal. Consequently, the Board has formally closed the matter of the petition.

Petition for RemovalDismissedWithdrawnWorkers' Compensation Appeals BoardMarlene CollinsF.Corby DaleElizabeth DaleADJ10303237Fresno District OfficeMarguerite Sweeney
References
0
Case No. 536034 CV-22-2074
Regular Panel Decision
Dec 14, 2023

In the Matter of the Claim of Hillary Newman

Claimant Hillary Newman established a workers' compensation claim for injuries sustained in 2016. In 2017, she suffered an intervening accident which she failed to disclose in an independent medical examination (IME) questionnaire in April 2018, despite reporting it to her treating physician who documented it in an October 2017 report. The Workers' Compensation Law Judge (WCLJ) and the Board found a violation of Workers' Compensation Law § 114-a for knowingly making a false statement and imposed a mandatory penalty. The Board's initial decision was affirmed, but an amended decision later rescinded the discretionary penalty. The Supreme Court, Appellate Division, Third Judicial Department, modified the duration of the mandatory penalty, ruling it should extend only until June 11, 2018, when the treating physician's report disclosing the intervening accident was filed with the Board, rather than until April 9, 2021.

Workers' CompensationFraudMisrepresentation of FactIntervening AccidentIME QuestionnaireMandatory PenaltyDiscretionary PenaltyMedical Report FilingCredibility IssueSubstantial Evidence
References
14
Case No. MISSING
Regular Panel Decision

Heine v. Newman Tannenbaum

This is an action for legal malpractice filed by Chrisal Investments Ltd. and Georg H.G. Heine against Newman, Tannenbaum, Helpern, Syracuse & Hirschtritt. The plaintiffs allege that Newman Tannenbaum was negligent in representing Heine during the sale of a condominium, specifically by disbursing sale proceeds to Alvin Ashley, Heine's attorney-in-fact, without direct verification from Heine. Heine had granted Ashley broad power of attorney. The defendants moved to dismiss the remaining cause of action for failure to state a claim. The Court found that Newman Tannenbaum acted reasonably in relying on Ashley's instructions given his role as Heine's alter-ego under the power of attorney. Consequently, the Court granted the motion to dismiss, finding no negligence or breach of duty by Newman Tannenbaum.

Legal MalpracticePower of AttorneyAttorney-in-factRule 12(b)(6)Motion to DismissNegligenceReal Estate TransactionFraudFiduciary DutySecond Circuit
References
23
Case No. MISSING
Regular Panel Decision
Nov 02, 1981

Liberty Mutual Insurance v. Newman

Plaintiff insurer, Liberty Mutual Insurance Company, mistakenly paid $9,805.66 to defendant Ruth Newman, intended for an aggregate trust fund related to her deceased husband's workers' compensation benefits. After forwarding the correct payment to the fund, Liberty Mutual sought restitution from Newman, who refused. The Workers' Compensation Board declined to intervene, stating no recourse existed under the Workers' Compensation Law for the error. Special Term initially granted summary judgment to Liberty Mutual. On appeal, the judgment was modified, with the Appellate Division agreeing it was a mistake of fact, not an overpayment of benefits, thus affirming the denial of Newman's summary judgment motion. However, the case was remitted to Special Term for a hearing to determine if ordering full restitution would cause a detrimental change in Newman's position regarding her benefits, and clarified that interest and costs should not be awarded against her.

restitutionmistake of factworkers' compensationsummary judgmentunjust enrichmentdetrimental relianceequityinsurance carrieraggregate trust fundappellate review
References
19
Case No. MISSING
Regular Panel Decision
Apr 05, 1979

Jordan v. Estate of Newman

The Workers' Compensation Board awarded benefits to a claimant for injuries sustained in 1974. The employer, Jennie Newman, died in October 1974, and no legal representative was appointed for her estate. The court determined that the Board lacked jurisdiction to make an award against the deceased employer's estate as no party existed over which it could exercise jurisdiction following Newman's death, citing that proceedings against a deceased party before substitution of a personal representative are null and void. The case was reversed and remitted to the Board to secure jurisdiction over Newman's estate through the appointment of a legal representative. The court also rejected the Uninsured Employers' Fund's argument of waiver of personal jurisdiction, stating there was no factual support and waiver was impossible without a legally appointed representative for the estate.

Workers' CompensationJurisdictionDeceased EmployerLegal RepresentativeEstateUninsured Employers' FundRemittalPersonal JurisdictionWaiverAppellate Review
References
1
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