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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

Moller v. North Shore University Hospital

This medical malpractice action involves plaintiff Moller suing Dr. David Levine and North Shore University Hospital after settling with original tortfeasors from an automobile accident. The defendants moved for summary judgment, asserting Moller had already received full compensation, including for alleged aggravation injuries, through two prior settlements. The court conducted a hearing to ascertain if the previous settlements, totaling $250,000 and $475,000, encompassed Moller's paraparesis, neurogenic bladder, and inability to walk. The court determined that Moller failed to demonstrate that the settlements did not include these aggravation injuries, and found both prior insurance companies had considered and included these conditions in their payouts. Consequently, the court granted summary judgment to Dr. Levine and North Shore University Hospital, dismissing the complaint in its entirety.

Medical MalpracticeSummary JudgmentSettlement AgreementsSuccessive TortfeasorsGeneral Obligations Law 15-108Aggravation of InjuriesParaparesisNeurogenic BladderAutomobile AccidentInsurance Policy Limits
References
8
Case No. MISSING
Regular Panel Decision
Sep 09, 1980

Powers v. Adcraft Typographers, Inc.

Levine, president and treasurer of Adcraft Typographers, Inc., appealed the dismissal of his cross-claim against Sterne, vice-president and former stockholder, seeking contribution for $55,000 paid to settle a claim by New York Typographical Union No. 6 for unpaid wage supplements. The union had originally sued Levine, Paglia, and Sterne for Adcraft's failure to make payments to employee benefit funds, citing Labor Law § 198-c. Levine's cross-claim against Sterne was based on Business Corporation Law § 630. The Supreme Court, New York County, granted Sterne's motion for summary judgment, finding Levine had not met the condition precedent under Business Corporation Law § 630(a) (judgment against corporation and unsatisfied execution) and that Labor Law § 198-c did not apply to Sterne. This appellate panel unanimously affirmed the lower court's judgment.

Wage SupplementsBusiness Corporation LawLabor LawSummary JudgmentCross-ClaimShareholder LiabilityCorporate Officer LiabilityEmployee Benefit FundsCollective Bargaining AgreementAppellate Review
References
4
Case No. 2018 NY Slip Op 05979 [164 AD3d 1505]
Regular Panel Decision
Sep 06, 2018

Matter of Levin v. Rensselaer Polytechnic Inst.

Lew H. Levin, a maintenance worker, sustained a left shoulder injury after slipping on ice and established a workers' compensation claim. He later sought to amend his claim to include a causally-related right shoulder injury after experiencing pain during light-duty work. Both the Workers' Compensation Law Judge and the Workers' Compensation Board disallowed the claim for the right shoulder injury, concluding that the claimant failed to establish a causal relationship. The Appellate Division affirmed this decision, noting that the claimant provided inconsistent histories regarding the incident and that the Board appropriately assessed the credibility of both the claimant's testimony and the medical evidence. The court found substantial evidence to support the Board's finding that the right shoulder injury was not causally related to the work incident.

Workers' Compensation ClaimShoulder InjuryCausality DisputeMedical OpinionCredibility AssessmentAppellate ReviewBurden of ProofInconsistent TestimonyWork-Related AccidentWorkers' Compensation Board Decision
References
11
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. ADJ4690446 (LAO 0794129)
Regular
Jul 21, 2014

MYUNG CHUL KIM vs. PROTECTION PLUS, INC., ZENITH INSURANCE COMPANY

This case involves a dispute over the applicant's temporary total disability (TTD) indemnity period following a work injury. Initially, the Workers' Compensation Judge (WCJ) awarded TTD from January 20, 2001, to April 30, 2001. The Appeals Board amended this, extending TTD to January 14, 2004, based on a psychiatric evaluation. The defendant sought reconsideration, arguing TTD should have ended on June 18, 2002, per a prior report from Dr. Levine. The Board denied the defendant's petition, affirming TTD to January 14, 2004, as Dr. Levine's earlier report lacked an unequivocal permanent and stationary date and a psychiatrist's evaluation confirmed this later date.

Petition for ReconsiderationAmended Findings of Fact and AwardTemporary Total DisabilityPermanent DisabilityApportionmentPsychiatric OverlayPosttraumatic Stress DisorderPermanent and Stationary DateNeurological ConditionMedical Expert Opinion
References
3
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. MISSING
Regular Panel Decision

In re the Claim of Walls v. Levin

This case involves an appeal from an amended decision by the Workers’ Compensation Board concerning a housekeeper's back injury sustained in August 1985 while working for Richard Levin. Initially, U.S.A.A. Insurance, which held Levin's homeowner's policy, paid compensation, believing it was required under Insurance Law § 3420. However, both U.S.A.A. and Kemper Insurance Company, Levin's workers’ compensation carrier, later controverted coverage. A Workers’ Compensation Law Judge found U.S.A.A. liable and estopped from denying coverage due to its earlier payments, a decision affirmed by the Board. The appellate court reversed the Board's decision, finding no basis for equitable estoppel as there was no evidence of intentional concealment by U.S.A.A. or prejudicial reliance by Kemper. The matter was remitted to the Board for further consideration of U.S.A.A.’s liability, specifically whether the claimant worked over 40 hours per week, which would impact coverage under the homeowner's policy.

Workers' CompensationEquitable EstoppelInsurance CoverageHomeowner's PolicyEmployer LiabilityPrejudiceRemittalAppellate ReviewHousekeeper InjuryBack Injury
References
2
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. MISSING
Regular Panel Decision

Levine v. Berg

The plaintiff, Betty Levine, a shareholder of Berg Enterprises, Inc. (BEI), filed a motion for class action certification in her suit against BEI, Kenneth Berg, Leonard Berg, Martin Newman, and Melvin Konwiser. She alleged that the defendants violated Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 by engaging in a scheme to artificially inflate BEI's stock prices. This scheme purportedly involved improper inclusion of real estate sale profits in earnings statements and non-disclosure of true transaction terms. Plaintiff sought to represent a class of BEI shareholders who purchased stock during a specified period and suffered financial loss. However, the District Court, presided over by Judge Kevin Thomas Duffy, denied the motion, concluding that Levine failed to meet the requirements of Rule 23(a)(3) and (4) of the Federal Rules of Civil Procedure due to the lack of typicality of her claim and her inability to adequately protect class interests, stemming from her significant unfamiliarity with the case facts.

Class ActionSecurities FraudRule 23 F.R.Civ.P.Shareholder LitigationAdequacy of RepresentationTypicality of ClaimsSecurities Exchange Act of 1934Rule 10b-5District CourtMotion Denied
References
8
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