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Case Law Database

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

Case No. 2023 NY Slip Op 00135
Regular Panel Decision
Jan 12, 2023

Streit v. Katrine Apts. Assoc., Inc.

Phyllis Streit was injured after tripping over partially obstructed chicken wire on property owned by Katrine Apts. Associates, Inc., resulting in a three-part proximal humerus fracture requiring two surgeries. She commenced a negligence action, and a jury found defendant 70% at fault, awarding $750,000 in damages. Defendant appealed, contesting legal sufficiency of evidence regarding property control and notice, and the excessiveness of damages. The Appellate Division, Third Department, affirmed the judgment and order, finding sufficient evidence for the jury's conclusions on control and constructive notice, and that the damages awarded were reasonable given the severity and permanency of plaintiff's injuries. The court also clarified that the open and obvious nature of a hazard impacts fault apportionment but not the duty to maintain safe premises.

NegligenceProperty MaintenancePremises LiabilityTrip and FallPersonal InjuryShoulder FractureSurgical InterventionDamagesApportionment of FaultConstructive Notice
References
37
Case No. 2018-08-1044
Regular Panel Decision
Mar 28, 2019

Sprague, Susan v. Bartlett City Schools

Susan Sprague, a Special Education Teacher’s Assistant for Bartlett City Schools, sustained a right shoulder injury on January 30, 2018, after falling off a ladder. Orthopedist Dr. Mark Harriman diagnosed a dislocated shoulder and humerus fracture, assigning an eight percent permanent impairment to the body as a whole. The core legal issue revolved around the proper calculation of her average weekly wage (AWW) for permanent partial disability. Ms. Sprague argued for a 42-week divisor, excluding summer breaks, while Bartlett Schools contended for a 52-week divisor. The Court ruled that Ms. Sprague's ten weeks off for summer break was a "recognized incident of her regular employment" and not a "fortuitous circumstance," thus confirming the 52-week calculation. Consequently, her average weekly wage was determined to be $468.34, resulting in a compensation rate of $312.23 and a permanent partial disability award of $11,240.28.

Average Weekly Wage CalculationPermanent Partial DisabilityShoulder InjurySchool EmployeeSeasonal EmploymentSummer BreakVoluntary AbsencesFortuitous CircumstanceWorkers' Compensation BenefitsMedical Impairment Rating
References
4
Case No. 03-07-00034-CV
Regular Panel Decision
Aug 31, 2009

Towers of Town Lake Condominium Association, Inc. v. Venus Rouhani

Venus Rouhani, a practicing dentist, sued Towers of Town Lake Condominium Association, Inc. for negligence after she slipped and fell near the indoor swimming pool, sustaining severe injuries including a comminuted fracture and avascular necrosis of her right humerus, which led to the sale of her dental practice. A jury found the Association negligent for maintaining an unreasonably slippery pool deck, painted with enamel without anti-slip additives, and awarded Rouhani substantial damages for her injuries and lost future earning capacity. The Association appealed the judgment, challenging the legal sufficiency of the evidence regarding knowledge of the dangerous condition, proximate cause, and the amount of damages for lost earning capacity, as well as the trial court's refusal to submit an unavoidable accident jury instruction. The Court of Appeals affirmed the trial court's judgment, finding sufficient evidence to support the jury's findings on all challenged points and that the trial court did not abuse its discretion in refusing the instruction.

Premises LiabilityNegligenceSlip and FallPersonal InjuryDamagesFuture Earning CapacityExpert TestimonyAppellate ReviewJury InstructionsUnavoidable Accident
References
27
Case No. ADJ12427109
Regular
Apr 04, 2023

RICHARD ADAMS vs. MR. PLASTICS, INC., EMPLOYERS ASSURANCE COMPANY

This case involves a defendant's petition for reconsideration of a workers' compensation award finding an industrial injury to the applicant's right hand. The applicant claimed a fracture occurred while operating a machine, though medical records initially focused on a non-industrial injury from a ladder. Crucially, a Qualified Medical Examiner (QME) opined the fracture was consistent with the applicant's described work mechanism. The Board denied reconsideration, adopting the WCJ's reasoning which prioritized the QME's opinion and medical records documenting the fracture prior to termination, over the defendant's arguments regarding proof of injury and temporary disability.

Petition for ReconsiderationIndustrial InjuryTemporary DisabilityMachine OperatorRight Hand InjuryScaphoid FractureAOE/COEContemporaneous Medical RecordsQualified Medical Examiner (QME)Dr. Roland
References
0
Case No. MISSING
Regular Panel Decision

Onley v. National Union Fire Insurance Co. of Pittsburgh

This workers' compensation case addresses the appropriate scheduled member for a compensable injury and the extent of disability. The employee suffered a severe comminuted fracture to the first metacarpal bone in his left hand and a laceration on June 8, 1988. An orthopedic surgeon assessed a 63% permanent partial disability to the left thumb, which could also translate to hand or arm impairment, noting the fracture extended slightly into the wrist joint. The trial court awarded 60% permanent partial disability to the left thumb. On appeal, the court determined the injury was more appropriately classified as a disability to the left hand due to the fracture's location at the base of the thumb extending into the hand. Consequently, the judgment was modified to award 50% permanent partial disability to the left hand, affirming the trial court in all other respects.

Workers' CompensationScheduled InjuryPermanent Partial DisabilityLeft Hand InjuryThumb FractureMetacarpal BoneMedical TestimonyOrthopedic SurgeonAppellate ReviewTrial Court Modification
References
6
Case No. MISSING
Regular Panel Decision
May 11, 1990

Claim of Johnson v. New York City Board of Education

This case involves an appeal from a decision and an amended decision of the Workers’ Compensation Board. The Board had ruled that the claimant sustained a consequential injury and subsequently restored the case to the trial calendar. The appellate court affirmed the Board's decision, finding that the claimant's physician's testimony, despite some lack of clarity, met the requirement of signifying a probability as to the cause of the injury and was supported by a rational basis. Specifically, the determination that the claimant’s left ankle fracture was a consequence of an earlier work-related ankle fracture, which left the ankle in a weakened condition, was supported by substantial evidence.

Workers' CompensationAppealConsequential InjuryAnkle FractureMedical EvidencePhysician TestimonySubstantial EvidenceAppellate AffirmationWork-Related InjuryMedical Causation
References
3
Case No. 2023-04-00747
Regular Panel Decision
Aug 07, 2023

Redmon, Wetonia v. Dr. Daniel Jefferson Barnes

Wetonis A. Redmon sought medical treatment and temporary disability benefits for a right-arm fracture that occurred at work. During an Expedited Hearing on August 1, 2023, the Court found that although the injury happened in the course and scope of her employment, Ms. Redmon failed to establish that it arose primarily from the conditions of her employment. Ms. Redmon tripped and fell while carrying a tray, sustaining a displaced comminuted fracture in her right arm, but could not identify a specific workplace hazard causing the fall. The Court determined the injury was idiopathic and lacked a peculiar or additional employment hazard. Consequently, the Court denied her request for medical and temporary disability benefits, as well as attorney's fees.

Idiopathic InjuryWorkplace FallRight Arm FractureTemporary Disability BenefitsMedical Treatment DenialWorkers' Compensation ClaimsCourse and Scope of EmploymentEmployment HazardCausationExpedited Hearing
References
4
Case No. MISSING
Regular Panel Decision

Park v. City of New York

In a personal injury action arising from a construction site accident, the Supreme Court, New York County, initially reduced a jury's award for past pain and suffering from $1,500,000 to $600,000. On appeal, the order was unanimously modified by the Appellate Division. The appellate court further directed a new trial on future pain and suffering unless the plaintiff agreed to a reduction of the award from $800,000 to $400,000. The decision was based on a comparison to similar cases involving comminuted elbow/arm fractures, multiple surgeries, and permanent limitations, while noting the plaintiff's non-dominant wrist fracture added little value as it resolved without surgery.

Personal InjuryConstruction Site AccidentDamagesPain and SufferingJury Award ReductionAppellate ReviewFractureElbow InjuryWrist InjuryStipulation
References
5
Case No. CA 13-02156
Regular Panel Decision
Jun 20, 2014

CLAYPOOLE, CHRISTINA v. TWIN CITY AMBULANCE CORP.

Plaintiffs Christina and Joseph Claypoole brought a personal injury action against Twin City Ambulance Corp., alleging negligence by defendant's employees resulted in Christina sustaining a hip fracture during ambulance transport. Defendant sought summary judgment, denying negligence and lack of causation. The Supreme Court denied the motion, leading to defendant's appeal. The Appellate Division affirmed the lower court's decision, concluding that the doctrine of res ipsa loquitur was applicable. The court found that the evidence, including Christina being unconscious and in defendant's exclusive custody when she sustained the fracture, raised triable issues of fact regarding defendant's negligence, thus properly denying the summary judgment motion.

Personal InjuryNegligenceAmbulanceHip FractureRes Ipsa LoquiturSummary JudgmentAppellate ReviewExclusive ControlProximate CauseMedical Transport
References
13
Case No. 14-04-00320-CV
Regular Panel Decision
Jun 28, 2005

Kenneth Barchus v. State Farm Fire & Casualty Company

Kenneth Barchus appealed a trial court's judgment denying him lifetime income benefits for a work-related brain injury sustained in 1995 while employed by Barchus Barber Shop. The trial court, relying on a pre-1997 version of the Texas Labor Code, concluded that a skull fracture was required for Lifetime Income Benefits (LIBs), despite finding Barchus sustained an injury to skull structures and suffered incurable insanity. The Court of Appeals reviewed the statutory interpretation, finding that 'injury to the skull' does not demand a 'fracture of the skull' and that the trial court's conclusion was inconsistent with the statute's plain language. The appellate court reversed the trial court's judgment, rendering judgment that Barchus is entitled to LIBs.

Workers' CompensationLifetime Income BenefitsStatutory ConstructionBrain InjurySkull InjuryLegislative IntentAdministrative InterpretationTexas Labor CodeDe Novo ReviewAppellate Court
References
18
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