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

Case No. 2018 NY Slip Op 08768 [167 AD3d 1437]
Regular Panel Decision
Dec 21, 2018

Allington v. Templeton Found.

Jeffrey E. Allington sustained injuries when a defective ladder "kicked out" at a work site, leading to a lawsuit against Templeton Foundation (Bassett) under Labor Law §§ 200, 240 (1), and 241 (6). Bassett initiated a third-party action against Pulver Roofing Co., Inc. for contractual and common-law indemnification. The Appellate Division, Fourth Department, modified the Supreme Court's order, granting Allington partial summary judgment on liability against Bassett for Labor Law §§ 240 (1) and 241 (6) (based on 12 NYCRR 23-1.21 [b] [3] [iv]). However, Allington's Labor Law § 200 cause of action and most other § 241 (6) claims against Bassett were dismissed. Furthermore, the court dismissed Allington's common-law negligence claim and common-law indemnification claims against Pulver, while granting Bassett summary judgment on its contractual indemnification claim against Pulver.

Labor LawConstruction site injuryLadder collapseSummary judgmentContractual indemnificationCommon-law indemnificationAppellate reviewWorkplace safety regulations12 NYCRR 23-1.21Third-party liability
References
24
Case No. MISSING
Regular Panel Decision
Sep 29, 1999

Faele v. New York City Health & Hospitals Corp.

Plaintiff Rosemary Faele, a nurse at Coney Island Hospital, sustained an eye irritation and received brief examinations from defendants Dr. Barry Eppinger and Dr. An-nan Das in the hospital's emergency room. Her condition worsened, and she was later diagnosed with a severe eye infection by a private ophthalmologist. Though compensated via Workers' Compensation, Faele and her husband initiated a medical malpractice action against the doctors and the New York City Health and Hospitals Corporation. The Supreme Court dismissed the complaint by granting summary judgment to the defendants. The appellate court affirmed this decision, ruling that a sufficient nexus existed between Faele's employment and the alleged malpractice, thereby precluding a common-law malpractice claim and limiting her recourse to Workers' Compensation.

Medical MalpracticeWorkers' Compensation PreclusionSummary Judgment AffirmationEmployment-Related InjuryHospital LiabilityEmergency Medical TreatmentAppellate Division DecisionPersonal InjuryDoctor-Patient NexusConey Island Hospital
References
4
Case No. ADJ9046738
Regular
Oct 03, 2025

Arnoldo Galvan vs. Donaghy Sales, LLC., Sentinel Insurance Company, Ltd, Gallagher Bassett

The applicant, Arnoldo Galvan, sustained a cumulative trauma during his employment. The defendant, Donaghy Sales, LLC, along with its insurer Sentinel Insurance Company, Ltd., and administrator Gallagher Bassett, failed to provide the correct fax number for Request for Authorization (RFA) forms to utilization review for treating physician Dr. William Foxley. The Workers' Compensation Appeals Board (WCAB) has granted the defendant's petition for reconsideration of the June 30, 2025 Findings of Fact, Award, and Orders. The WCAB found that the record was not sufficiently developed regarding the timeliness of UR determinations and the application of the Medical Treatment Utilization Schedule (MTUS). Consequently, a final decision after reconsideration has been deferred for further review of the factual and legal issues.

Request for AuthorizationUtilization ReviewClaims AdministratorFindings of FactPetition for ReconsiderationRemovalMedical TreatmentWCJSanctionsMedical Necessity
References
16
Case No. MISSING
Regular Panel Decision

Johnson v. New York Hospital

Plaintiff, a registered nurse, filed an action under Section 504 of the Rehabilitation Act against The New York Hospital, its President Dr. David Skinner, and Assistant Director of Nursing Mr. Jody Sklar, alleging unlawful employment termination due to an alcoholism relapse. The plaintiff objected to a protective order preventing Dr. Skinner's deposition, while defendants sought to dismiss claims against individual defendants. The court granted dismissal against Mr. Sklar but denied it for Dr. Skinner, finding that individuals responsible for discriminatory decisions can be liable under the Act, especially those in positions to accept federal funds. Consequently, the protective order against deposing Dr. Skinner was set aside.

Rehabilitation Actemployment discriminationdisability rightsalcoholismindividual liabilitycorporate responsibilityprotective orderdiscoverymotion to dismiss
References
9
Case No. MISSING
Regular Panel Decision

Rafiy v. Nassau County Medical Center

Dr. M. Pierre Rafiy and Dr. Philip Rafiy (the Rafiys) initiated a civil action against Nassau County Medical Center, Nassau County, Dr. Bruce Meinhard, and Dr. Anthony Angelo. Their claims, brought under 42 U.S.C. § 1983 and the Sherman Act, included deprivation of hospital privileges without due process, racial discrimination, and retaliation for exercising free speech rights. The Defendants sought summary judgment, arguing the revoked assignments were not protected property interests and the Rafiys failed to exhaust state remedies. They also contended that the Rafiys' speech was not protected under the First Amendment and that evidence for discrimination was lacking. The court granted the Defendants' motion for summary judgment on all counts, concluding that no constitutional violations occurred and that the Rafiys' antitrust claim had been withdrawn.

Civil RightsDue ProcessFirst AmendmentEqual ProtectionRacial DiscriminationRetaliationHospital PrivilegesSummary JudgmentSherman ActAntitrust
References
29
Case No. ADJ3787731 (OAK 0332481)
Regular
Oct 17, 2008

LINDA ALCUTT vs. VOLT SERVICES GROUP, GALLAGHER BASSETT SERVICES

The Board granted reconsideration to allow the WCJ to consider surveillance videos and the medical reports of Dr. Morris, which were initially excluded. The WCJ erred by not admitting Dr. Morris' reports, who opined the applicant's condition was permanent and stationary, and by failing to discuss the surveillance evidence. The case is remanded for further proceedings to admit Dr. Morris' reports and consider all evidence.

Workers' Compensation Appeals BoardReconsiderationTemporary DisabilityPermanent and StationaryQualified Medical EvaluatorTreating PhysicianSub Rosa InvestigationMedical ReportsLabor Code § 4062Admissibility of Evidence
References
0
Case No. MISSING
Regular Panel Decision
Feb 01, 1989

Murphy v. Blum

Donald Murphy, an NBA referee, underwent a physical examination by defendant Dr. Richard Blum and a stress test analyzed by Blum, which was found "abnormal." The results were communicated to the NBA and Murphy's personal physician. Following a a cardiac arrest that ended his career, Murphy sued Dr. Blum for medical malpractice. The Supreme Court, Nassau County, dismissed the complaint, ruling that no physician-patient relationship existed between Murphy and Dr. Blum because Blum was retained solely by the NBA for an examination, not for treatment. The Appellate Division affirmed the dismissal, upholding that a doctor engaged for examination purposes only assumes duties associated with those functions, not duties concerning treatment or expert opinions.

Medical MalpracticePhysician-Patient RelationshipDuty of CareComplaint DismissalCPLR 3211(a)(7)Appellate ReviewProfessional Sports InjuryPre-employment ExaminationNo Physician-Patient RelationshipAffirmation of Order
References
3
Case No. ADJ2524908 (MON 0254667)
Regular
Sep 12, 2014

Michelle Sampay vs. Wackenhut, Gallagher Bassett Services, Inc.

This case involves a lien claimant, Dr. David Silver, who sought removal of a Workers' Compensation Appeals Board (WCAB) judge's orders. The judge had bifurcated Dr. Silver's lien from sanctions issues and declined to enforce a subpoena for a claims adjuster. The WCAB dismissed Dr. Silver's petition for removal as moot because a subsequent order appointing an independent bill reviewer rendered the removal issue moot. Any party aggrieved by the subsequent decision can petition for reconsideration.

Petition for RemovalWCJLien ClaimantDavid Silver M.D.WackenhutGallagher BassettWorkers' Compensation Appeals BoardCompromise and ReleaseIndustrial InjurySecurity Officer
References
0
Case No. ADJ7455003
Regular
Nov 25, 2015

JENNY VARELA vs. SODEXO, INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA, GALLAGHER BASSETT SERVICES

This case concerns whether Dr. Curtis Montgomery and Inland Incare Medical Associates are within the defendant's Medical Provider Network (MPN). The Appeals Board found that the lien claimants failed to meet their burden of proof to show Dr. Montgomery was in the MPN. The Board rescinded the prior findings and ordered further development of the record regarding Dr. Montgomery's and Inland Incare's MPN status. This decision allows for a more complete adjudication of the MPN issues.

MPNMedical Provider NetworkCoventryGBMCSReconsiderationLien ClaimantsBurden of ProofDevelop the RecordFindings of FactOrder
References
0
Case No. ADJ2858126 (LAO 0805680)
Regular
Aug 25, 2011

APOLONIA CORRALES vs. SILGAN PLASTICS CORP., GALLAGHER BASSETT, STATE COMPENSATION INSURANCE FUND

This case concerns a Petition for Removal filed by lien claimant David Silver, M.D., challenging an order to continue a matter to lien trial for further record development. The Appeals Board dismissed the petition, finding Dr. Silver was not aggrieved by the June 8, 2011, order as it did not order record development. Furthermore, the Board found Dr. Silver failed to demonstrate significant prejudice or irreparable harm required for removal regarding the continuance. The petition was also dismissed as untimely and waived concerning a prior rescission order for which Dr. Silver had previously withdrawn a removal petition.

Petition for RemovalLien ClaimantWorkers' Compensation Appeals BoardWCJ OrderFurther Development of RecordDue ProcessExigencyWCAB Rule 10843(a)Aggrieved PartyIrreparable Harm
References
0
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