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

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on all counts, concluding that no constitutional violations occurred and that the Rafiys' antitrust claim had been withdrawn.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. MISSING
Regular Panel Decision

Estate of Bruce v. City of Middletown

This opinion addresses motions concerning a third-party complaint in an action brought by the Estate of Jimmy Lee Bruce under 42 U.S.C. § 1983 and state tort claims. The original suit alleged wrongful death and negligence against The City of Middletown, its Police Department, and two officers, following an incident where Mr. Bruce died after being placed in a chokehold by an officer. The City of Middletown filed a third-party complaint against Middletown Movie Center, Inc., seeking contribution and later moved to amend it to include indemnification. The central issue was the applicability and exercise of pendent party (now supplemental) jurisdiction under 28 U.S.C. § 1367 for claims against the Movie Center. The court determined that § 1367 applied to the third-party complaint and that exercising supplemental jurisdiction was warranted due to the common nucleus of operative facts and considerations of judicial economy. Consequently, the court denied Movie Center's motion to dismiss and granted the City of Middletown's motion to amend its third-party complaint.

Supplemental JurisdictionPendent Party JurisdictionSection 1983Wrongful DeathNegligenceThird-Party ComplaintContributionIndemnificationJudicial Improvements Act of 1990Federal Courts
References
13
Case No. CV-23-0719
Regular Panel Decision
Sep 26, 2024

In the Matter of the Claim of Bruce Matter

Claimant Bruce A. Matter, an account executive for Google Inc., sustained a traumatic brain injury in October 2021 after being struck by motorized bicycles while returning from an employer-encouraged "Happy Hour" event. The employer and its carrier disputed the claim, arguing the accident did not arise out of or in the course of employment. A Workers' Compensation Law Judge initially disallowed the claim, but the Workers' Compensation Board reversed, finding a causal nexus due to the employer's derived benefit from the event and the altered travel risks it entailed. The Supreme Court, Appellate Division, Third Judicial Department, affirmed the Board's decision, concluding that substantial evidence supported the finding that the employer benefited from the claimant's participation and that the event altered his usual travel, increasing the risk of injury.

Accidental InjuryCourse of EmploymentCausal NexusSpecial Errand DoctrineDual-Purpose DoctrineEmployer BenefitOff-Premises AccidentTraumatic Brain InjuryHappy Hour EventWork-Related Activity
References
13
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. 2024 NY Slip Op 04540 [230 AD3d 1286]
Regular Panel Decision
Sep 25, 2024

Chavarria v. Bruce Nagel & Partners Architects, P.C.

Jose Chavarria, an employee, sustained personal injuries on a renovation project and initiated an action against Bruce Nagel & Partners Architects, P.C. (Nagel, P.C.) and David L. Wasserman and Ellen F. Wasserman (the Wassermans). Nagel, P.C. had a contract with the Wassermans for architectural services, which included a provision requiring the Wassermans to ensure Nagel, P.C. was an additional insured on the general contractor's liability policy, regardless of whether construction administration services were regular or ad hoc. Despite an addendum modifying the frequency of services, the insurance requirement remained. Following Chavarria's injury, Nagel, P.C. moved for summary judgment to dismiss Chavarria's complaint and on its cross-claim for breach of contract against the Wassermans. The Appellate Division, Second Department, reversed the Supreme Court's order, granting Nagel, P.C.'s motion for summary judgment, thereby dismissing the complaint against Nagel, P.C. and finding the Wassermans liable for breach of contract.

Summary JudgmentBreach of ContractCross-ClaimsAppellate ReviewConstruction Administration ServicesGeneral Liability InsuranceAdditional Insured ClauseLabor LawSafe WorkplaceContract Interpretation
References
18
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
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. ADJ18001417
Regular
Sep 05, 2025

CHRISTOPHER CANDIA vs. CITY AND COUNTY OF SAN FRANCISCO

The Workers' Compensation Appeals Board (WCAB) denied the defendant's Petition for Reconsideration in the case of Christopher Candia v. City and County of San Francisco. The Board adopted the Arbitrator's Report and Recommendation, which found applicant Christopher Candia's meningioma to be a compensable industrial injury. The decision was based on the cancer presumption under Labor Code section 3212.1 for firefighters, as the medical opinion of treating neurosurgeon Dr. Bruce McCormack classified the tumor as Grade II, indicating malignant features, and evidence showed Candia's exposure to carcinogens during his employment. The Board upheld the arbitrator's determination, giving greater weight to Dr. McCormack's opinion over the IME Dr. Raye Bellinger's.

Workers' Compensation Appeals BoardPetition for ReconsiderationArbitrator's ReportLabor Code Section 5909Electronic Adjudication Management Systemsubstantial evidenceneurosurgeontreating physicianIMEmeningioma
References
2
Case No. MISSING
Regular Panel Decision

Aufrichtig v. Lowell

The case concerns a lawsuit filed by Burton and Janette Aufrichtig against Dr. Bruce K. Lowell, Janette's treating physician. The Aufrichtigs alleged that Dr. Lowell provided false sworn testimony and an affidavit to Hartford Insurance Company regarding Janette's medical condition and need for skilled nursing care during a prior federal lawsuit for insurance benefits. This false information allegedly compelled the Aufrichtigs to settle their claim for fewer benefits. The Court of Appeals considered whether a treating physician has a duty to provide truthful information to a patient's insurer, particularly under oath. The Court held that such a duty exists as part of the physician-patient confidential relationship and reversed the lower court's grant of summary judgment to Dr. Lowell, finding that factual issues remained.

physician-patient relationshipduty of caretruthful testimonysummary judgmentinsurance benefitsmedical malpracticefiduciary dutyCPLREducation Lawmultiple sclerosis
References
4
Case No. MISSING
Regular Panel Decision

People v. Bing

This case involves a Huntley hearing concerning the admissibility of statements made by defendant Bruce Bing to the police. A robbery-burglary occurred on May 17, 1985, at St. Joachim’s Church in Cedarhurst, Nassau County. Based on information from a reliable confidential informant and an eyewitness description, Detective Glenn Dowd and Detective Joseph Brand arrested Bruce Bing on May 25, 1985. Bing was Mirandized and confessed to the crime, both orally in the police car and in a written statement at the precinct. The defense challenged the voluntariness of the confession due to alleged drug withdrawal symptoms and argued a violation of Bing's right to counsel, citing his existing legal representation in Ohio for unrelated charges. The court found the informant reliable, established probable cause for the arrest, and concluded that Bing's statements were voluntarily given and admissible. The court also determined that the defendant's out-of-state legal representation on an out-of-state charge did not trigger New York's indelible right to counsel.

Huntley HearingAdmissibility of StatementsVoluntariness of ConfessionMiranda RightsProbable CauseRight to CounselConfidential Informant ReliabilityOut-of-State RepresentationDrug Withdrawal SymptomsCriminal Procedure Law
References
21
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