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Case Law Database

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

Case No. 2021 NY Slip Op 02211 [193 AD3d 1222]

Regular Panel Decision

Apr 08, 2021

Matter of Morano v. Hawthorn Health Multicare Ctr.

Cynthia Morano suffered a work-related back injury in May 2014, leading to three lumbar spine surgeries. Her treating physician requested a variance to prescribe Lyrica and continued other medications, including gabapentin, which the employer's workers' compensation carrier denied. The carrier argued these medications were not causally related to the work injury because they were prescribed before the injury. However, the Workers' Compensation Law Judge and subsequent Board panels found the medications to be causally related. The Appellate Division affirmed the Board's decision, ruling that substantial evidence supported the finding that the medications were necessary for Morano's recovery from her work injury, making the carrier liable for the costs.

Workers' CompensationBack InjuryPain MedicationLyricaGabapentinCausal RelationshipMedical Treatment GuidelinesAppellate ReviewCarrier LiabilityConflicting Medical Evidence

References

Case No. 2023 NY Slip Op 00908 [213 AD3d 1117]

Regular Panel Decision

Feb 16, 2023

Matter of Petre v. Allied Devices Corp.

Claimant Gheorghe Petre appealed a decision from the Workers' Compensation Board that denied his application for reconsideration and/or full Board review. The underlying Board decision had affirmed a Workers' Compensation Law Judge's ruling, which amended the claimant's work-related injury claim and directed his doctor to seek prior authorization for Gabapentin. The Appellate Division, Third Department, reviewed the Board's denial, limiting its scope to whether the Board had abused its discretion or acted arbitrarily. Finding no new evidence, material change in condition, or improper consideration of issues by the Board, the Appellate Division affirmed the Board's decision. Thus, the claimant's appeal for reconsideration and/or full Board review was ultimately denied.

Workers' CompensationAppellate ReviewBoard DiscretionReconsiderationInjury ClaimMedical ExpensesDrug FormularyGabapentinProcedural Due ProcessAdministrative Law

References

Case No. 535046

Regular Panel Decision

Feb 16, 2023

In the Matter of the Claim of Gheorghe Petre

Claimant Gheorghe Petre appealed a Workers' Compensation Board decision that denied his application for reconsideration and/or full Board review. In 1999, Petre sustained work-related injuries, and his claim for benefits was established for various conditions. Following an August 2021 hearing, a Workers' Compensation Law Judge (WCLJ) amended the claim to include right lumbosacral neuritis, directed authorization for Gabapentin, and requested missing documentation for medical and travel expenses reimbursement. The Board affirmed this decision and subsequently denied Petre's application for reconsideration. The Appellate Division affirmed the Board's denial, finding no abuse of discretion as Petre failed to present new evidence or a material change in condition, and the Board had considered the issues raised in its initial determination.

Workers' Compensation AppealReconsideration DenialBoard ReviewDiscretionary ReviewNew York Appellate DivisionWCLJ DecisionDrug FormularyMedical Expense ReimbursementSpinal InjuriesPsychiatric Conditions

References

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Matter of Morano v. Hawthorn Health Multicare Ctr.

Workers' CompensationBack InjuryPain MedicationLyricaGabapentinCausal RelationshipMedical Treatment GuidelinesAppellate ReviewCarrier LiabilityConflicting Medical Evidence

Matter of Petre v. Allied Devices Corp.

Workers' CompensationAppellate ReviewBoard DiscretionReconsiderationInjury ClaimMedical ExpensesDrug FormularyGabapentinProcedural Due ProcessAdministrative Law

In the Matter of the Claim of Gheorghe Petre