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Case Law Database

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

Case No. MISSING
Regular Panel Decision

Clear Water Psychological Services PC v. American Transit Insurance Co.

Plaintiff Clear Water Psychological Services PC sought no-fault benefits from defendant American Transit Insurance Company. The plaintiff moved for summary judgment, while the defendant cross-moved for a 90-day stay, arguing that the assignor, Oshane Crooks, was acting as an employee at the time of the November 10, 2014 automobile accident, falling under Workers’ Compensation Board jurisdiction. A key issue was the admissibility of an uncertified police accident report (MV-104AN) which suggested the assignor was driving a taxi. The court ruled the uncertified report inadmissible under CPLR 4518 (c) for authentication reasons, despite the officer's personal observations. However, acknowledging the unresolved factual question of the assignor’s employment status and the Workers’ Compensation Board's primary jurisdiction, the court granted the defendant’s motion, staying the action for 90 days for a Workers’ Compensation Law applicability determination.

No-fault benefitsSummary judgmentStay of actionWorkers' CompensationPolice accident reportAdmissibility of evidenceCPLR 4518Vehicle and Traffic LawPrimary jurisdictionEmployment status
References
12
Case No. 2015-455 K C
Regular Panel Decision
Dec 19, 2017

Metro Psychological Servs., P.C. v. Travelers Prop. & Cas. Ins. Co.

This case involves Metro Psychological Services, P.C., as an assignee, seeking first-party no-fault benefits from Travelers Property & Casualty Insurance Company. The defendant moved for summary judgment, arguing the assignor's injuries occurred during employment, which would make workers' compensation benefits applicable. The Civil Court denied the defendant's motion and granted the plaintiff's cross-motion for summary judgment. The Appellate Term reversed this order, concluding there was an unresolved issue as to whether the plaintiff's assignor was acting in the course of employment at the time of the accident. Consequently, the matter was remitted to the Civil Court to be held in abeyance, pending a determination by the Workers' Compensation Board regarding the parties' rights under the Workers' Compensation Law, underscoring the Board's primary jurisdiction in such matters.

No-Fault BenefitsWorkers' Compensation LawPrimary JurisdictionAbeyanceSummary JudgmentAppellate ReviewInsurance DisputeMedical ProviderAssigneeCourse of Employment
References
9
Case No. 2021 NY Slip Op 04626 [197 AD3d 518]
Regular Panel Decision
Aug 04, 2021

D. S. v. Positive Behavior Support Consulting & Psychological Resources, P.C.

This case involves an appeal by the Port Jefferson School District from an order denying its motion to dismiss a personal injury complaint. The infant plaintiff, a special education student, was allegedly injured by a therapist, Vito Silecchia, during a behavioral therapy session. The plaintiffs sued the School District, among others, alleging Silecchia was an employee or agent. The District contended Silecchia was an independent contractor retained through Positive Behavior Support Consulting and Psychological Resources, P.C. The Appellate Division affirmed the Supreme Court's denial of the dismissal motion, stating that the complaint adequately stated a cause of action and that documentary evidence did not conclusively establish an independent contractor relationship, given provisions in the agreement suggesting the District maintained some control over the services.

Personal InjuryRespondeat SuperiorIndependent ContractorMotion to DismissAppellate ReviewVicarious LiabilitySchool District LiabilitySpecial EducationTherapist NegligenceCPLR 3211 (a) (1)
References
25
Case No. MISSING
Regular Panel Decision

Valley Psychological, P.C. v. Liberty Mutual Insurance

Plaintiff, Valley Psychological, P.C., provided psychological services to a woman involved in a motor vehicle accident, with claims assigned to plaintiff and covered by defendant, Liberty Mutual Insurance. Defendant denied these claims more than 30 days after receipt, leading plaintiff to file a commercial claim. Defendant asserted a provider fraud defense, alleging improper supervision by plaintiff's principal psychologist. Both City Court and County Court dismissed the claim based on the fraud defense, ruling that the untimely denial did not preclude this defense. However, this Court reversed, holding that defendant's untimely denial did preclude the fraud defense, as it pertained to excessive treatment rather than a strict lack of coverage. The matter was remitted to the City Court of the City of Albany to determine the judgment amount in plaintiff's favor.

no-fault insuranceuntimely denialfraud defensemedical services providerpreclusion doctrinelack of coverageexcessive treatmentworkers' compensation schedulescommercial claimappellate review
References
8
Case No. MISSING
Regular Panel Decision

Schairer v. Schairer

The wife filed a motion to disqualify the law firm of Sari Friedman, P.C. from representing her husband in their ongoing divorce proceedings, citing a conflict of interest. This conflict stemmed from Ms. Friedman's prior representation of the court-appointed custody forensic expert in his own divorce case in 1995. The husband cross-moved to disqualify the same forensic expert, alleging potential bias against police officers and Ms. Friedman's previous representation of the expert. The court found a clear appearance of a conflict of interest, as Ms. Friedman could not effectively cross-examine her former client, the expert, without potentially using privileged confidential information. Consequently, the court granted the wife's motion to disqualify Sari Friedman, P.C. and denied the husband's cross-motion, determining that any claims of bias against the expert could be addressed during trial.

DivorceAttorney DisqualificationConflict of InterestForensic ExpertCustodySpousal DisputeProfessional EthicsConfidentialityLegal RepresentationJudicial Opinion
References
10
Case No. MISSING
Regular Panel Decision
Dec 12, 2005

Sassower-Berlin v. Berlin

This case details an appeal by the Law Guardian for the children and the father from a Family Court order in Nassau County, entered December 12, 2005. The underlying proceeding aimed to modify a 2001 divorce judgment that had terminated the mother’s visitation rights. Appellants sought to vacate orders directing forensic examinations of the father and children, and to summarily dismiss the modification proceeding. The appellate court dismissed the appeal concerning one child as academic. It found the order for the father's examination erroneous but affirmed the discretion to order children's evaluations. However, in exercising its own discretion, the court granted the motion to vacate the forensic examinations for the minor children due to their opposition and prior trauma. The court denied the motion to summarily dismiss the mother's petition, allowing it to proceed to a hearing.

Child visitationDivorce judgment modificationForensic examinationsMental health evaluationAppellate reviewFamily Court ActChildren's welfareJudicial discretionLaw GuardianChildren's wishes
References
7
Case No. MISSING
Regular Panel Decision

In Re Morton

Michael Wayne Morton, convicted of his wife's murder in 1987, sought post-conviction forensic DNA testing of various pieces of evidence under chapter 64 of the Texas Code of Criminal Procedure. The district court partially denied his motion, leading to this appeal. The appellate court affirmed the denial of testing for evidence related to a separate murder and for fingerprint evidence, finding these did not meet the statutory requirements of being "secured in relation to the offense" or containing "biological material." However, the court reversed the denial for a blood-stained bandana recovered near the crime scene. The court concluded that if DNA testing on the bandana yielded exculpatory results (Christine's blood and a third party's DNA), there is a greater than 50% likelihood that Morton would not have been convicted, and thus remanded the case for further proceedings concerning the bandana.

forensic DNA testingmurder convictionappealcriminal procedureexculpatory evidenceblood-stained bandanaunidentified fingerprintscircumstantial evidencetime of deathunknown intruder theory
References
12
Case No. MISSING
Regular Panel Decision

Claim of Burke v. New York City Transit Authority

A subway train operator sought workers' compensation benefits for psychological injuries, alleging harassment by supervisors. A Workers’ Compensation Law Judge disallowed the claim, a decision affirmed by the Workers’ Compensation Board, which determined the claimant failed to demonstrate that the stress was greater than that of similarly situated workers. The claimant appealed this decision. The Appellate Division affirmed the Board's ruling, concluding it was supported by substantial evidence and deferring to the Board’s credibility determinations regarding witness testimonies from both the claimant and supervisors involved in the monitoring incident.

psychological injurywork-related stresssupervisory harassmentsubway operatorworkers' compensation claimAppellate Divisionsubstantial evidencecredibility determinationnormal work environment standardmental injury
References
6
Case No. MISSING
Regular Panel Decision

Claim of Cook-Schoonover v. Corning Hospital

Claimant, an employee at Corning Hospital, suffered psychological injuries due to a verbally harassing work environment from coworkers Lori Glass and Michelle Lewis, leading to hospitalizations and a diagnosis of anxiety attacks, panic disorder, and depression. She filed for workers' compensation benefits, which were initially dismissed by the Workers’ Compensation Law Judge but later found compensable by the Workers’ Compensation Board, supported by medical reports from Frank Bourke, Michael Cilip, and Albert Wolkoff. The employer and carrier appealed, alleging due process violations, but the court found no record of these requests. The court affirmed the Board's decision, citing substantial evidence from claimant's testimony and medical reports, and emphasized that psychic injury can result from extended emotional stress and pre-existing vulnerability does not preclude benefits.

work-related stresspsychological injuryhostile work environmentverbal harassmentpanic disorderdepressionworkers' compensation benefitsmedical evidencewitness credibilitydue process
References
9
Case No. 231 AD3d 1379
Regular Panel Decision
Oct 24, 2024

Matter of Lewis v. NYC Admin. for Children Servs.

Claimant Monique Lewis, a social worker, filed for workers' compensation benefits after a dog charged at her during a home visit, causing a chest injury and psychological trauma including PTSD. Initially, the employer accepted the chest injury, and a Workers' Compensation Law Judge established the psychological injuries. However, the Workers' Compensation Board subsequently disallowed the psychological claim, ruling that the stress experienced was not greater than that of similarly situated workers. The Appellate Division, Third Department, reversed this decision, clarifying that the 'greater stress' standard does not apply when psychological injuries directly result from a workplace accident involving physical impact. The court remitted the matter to the Board to determine the causal connection between the established workplace accident and the alleged psychological injuries.

Psychological InjuryPost-traumatic Stress DisorderAnxietyAcute Stress DisorderWorkplace AccidentPhysical ImpactCausal ConnectionAppellate ReviewRemittalDog Attack
References
9
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