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

Case No. 2023 NY Slip Op 02914 [217 AD3d 1024]
Regular Panel Decision
Jun 01, 2023

Matter of Nguyen v. CVS RX Servs., Inc.

Claimant Hung Nguyen alleged discrimination and retaliation by his employer, CVS RX Services, Inc., after taking paid family leave, citing reduced hours, decreased pay raises, and loss of benefits. A Workers' Compensation Law Judge found in Nguyen's favor, ordering reinstatement and back wages. The employer failed to timely appeal and its subsequent application to rehear or reopen the claim was denied by the Workers' Compensation Board, citing a lack of new material evidence and inadequate justification for repeated non-appearance at hearings. The Appellate Division, Third Department, affirmed the Board's decision, concluding that the Board did not abuse its discretion in denying the employer's request.

Workers' Compensation LawPaid Family LeaveDiscriminationRetaliationAppellate ReviewBoard's DiscretionRehearing ApplicationReopening ClaimDue ProcessNotice Requirements
References
5
Case No. 534702
Regular Panel Decision
Jun 01, 2023

In the Matter of the Claim of Hung Nguyen

Claimant Hung Nguyen, a former CVS RX Services, Inc. employee, alleged discrimination and retaliation after taking paid family leave (PFL), including reduced hours and a denied pay raise. He filed a PFL discrimination/retaliation complaint in December 2019. Despite multiple notices sent to its Rhode Island and New York addresses, the employer failed to appear at three scheduled hearings. A Workers' Compensation Law Judge (WCLJ) found the employer violated PFL law and Workers' Compensation Law § 120, ordering reinstatement, back wages, and restoration of benefits. The employer's subsequent application to rehear or reopen the claim, asserting lack of notice and new evidence, was denied by the Workers' Compensation Board. The Appellate Division affirmed the Board's decision, finding no abuse of discretion as the employer was properly notified and failed to provide new material evidence or sufficient justification for its non-appearance.

PFL DiscriminationRetaliationWorkers' Compensation BoardDue ProcessNoticeAbuse of DiscretionRehearing ApplicationReopening ClaimEmployer LiabilityWage Loss
References
6
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. ADJ6923941 ADJ7668243
Regular
Jan 31, 2014

ROSA AVILA vs. IDLE ACRE CONVALESCENT HOSPITAL, CYPRESS INSURANCE COMPANY

Lien claimant Dr. Tiffany Nguyen sought reconsideration of an order dismissing her lien, which was served on November 5, 2013. The Workers' Compensation Appeals Board (WCAB) dismissed her petition because it was filed on December 4, 2013, which was outside the 20-day window plus 5 additional days for mail service allowed by Labor Code section 5903. The WCAB has no discretion to hear untimely petitions, and Dr. Nguyen's petition was therefore dismissed as untimely.

Workers' Compensation Appeals BoardPetition for ReconsiderationOrder Dismissing LienLien ClaimantAdministrative Law JudgeJoint Report and RecommendationCompromise and ReleaseNotice of HearingMinutes of HearingNotice of Intention to Dismiss Lien Claim
References
0
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
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. ADJ3746440
Regular
Mar 24, 2011

JASON NGUYEN vs. NETWORK APPLIANCE, INC., SAFETY NATIONAL CASUALTY CORPORATION, MATRIX

The defendant sought reconsideration of an award allowing Dr. Tahami's and Express Interpreters' medical liens. The Appeals Board granted reconsideration to reverse Dr. Tahami's reimbursement award, finding the treatment was for a non-industrial psychiatric condition. The Board deferred the award for Express Interpreters pending further proceedings, directing the WCJ to consider recent en banc precedent on the employer's obligation to provide interpreter services as part of medical treatment. Therefore, Dr. Tahami's lien was disallowed, and Express Interpreters' lien was deferred.

Workers' Compensation Appeals BoardNetwork ApplianceInc.Safety National Casualty CorporationJason NguyenDr. TahamiExpress InterpretersLien ClaimantsReconsiderationFindings Award Order
References
4
Case No. MISSING
Regular Panel Decision

Roginsky v. County of Suffolk, NY

Plaintiff Dr. Martin Roginsky filed an employment discrimination lawsuit against the County of Suffolk, alleging age discrimination in violation of the Age Discrimination in Employment Act (ADEA) and New York State Executive Law. Roginsky, a physician, was constructively discharged from his Staff Physician role at the Suffolk County Jail. He claims the termination was due to his age, citing remarks made by Dr. Gerazi, the Medical Director of the Jail, and that the County used a prescription-writing issue as a pretext. The County moved to dismiss the complaint, asserting it was not Roginsky's employer and that age was not the 'but for' cause of his discharge. The Court denied the County's motion to dismiss, finding that Roginsky had plausibly alleged an employment relationship with the County and satisfied the 'but for' causation standard for his ADEA claim. Consequently, the Court also decided to exercise supplemental jurisdiction over the state law claim.

Age DiscriminationEmployment DiscriminationADEAMotion to DismissConstructive DischargeEmployer-Employee RelationshipBut-For CausationPleading StandardsFederal Civil ProcedureNew York Law
References
24
Case No. ADJ7284840
Regular
Jan 29, 2016

Sean Nguyen vs. Los Angeles Times, ESIS

The Workers' Compensation Appeals Board denied Sean Nguyen's Petition for Reconsideration. The Board adopted the Workers' Compensation Judge's report, which found that Nguyen sustained only a back laceration in a 1989 injury, with treatment not necessary after December 8, 1989. The judge found the applicant's subsequent claims of extensive injuries, including neck and back pain, were not supported by credible medical evidence from the time of the incident. The petition was also denied for failing to specify the statutory basis or detail the grounds for reconsideration.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJ ReportLabor Code Section 5903Labor Code Section 5902Order Denying PetitionSEAN NGUYENLOS ANGELES TIMESESISADJ7284840
References
0
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