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

Case No. 2025 NY Slip Op 05688
Regular Panel Decision
Oct 15, 2025

Matter of Sahara Constr. Corp. v. New York City Off. of Admin. Trials & Hearings

Sahara Construction Corp. challenged a determination by the New York City Office of Administrative Trials and Hearings (OATH) that upheld civil penalties and a restitution order for violations related to a home improvement project. The Appellate Division, Second Department, reviewed the CPLR article 78 proceeding. The court confirmed OATH's determination, finding that the imposed civil penalties of $5,000 and restitution of $230,266.63 were not disproportionate and fell within statutory guidelines. The Court also affirmed the denial of the petitioner's motions to dismiss and compel discovery, concluding they were not arbitrary and capricious. Consequently, the petition was denied, and the proceeding dismissed on the merits.

Home Improvement ContractorsCivil PenaltiesRestitution AwardAdministrative Code ViolationsCPLR Article 78Judicial ReviewAppellate ReviewAbuse of DiscretionSense of FairnessAdministrative Summons
References
7
Case No. 2021-07-1559
Regular Panel Decision
Nov 25, 2024

Jenkins, Dennis v. TYSON FOODS, INC.

This is an Expedited Hearing Order regarding Dennis Jenkins's claim for benefits against Tyson Foods, Inc. Mr. Jenkins sought an order for Tyson to pay benefits for injuries allegedly sustained after a forklift struck him on April 7, 2022. The Court dismissed Mr. Jenkins’s motion because he failed to submit an expert medical opinion demonstrating that his alleged injuries primarily arose out of and in the course of employment, thus making it unlikely he would prevail at a hearing on the merits. This was the second expedited hearing, with a previous denial in January 2023 due to credibility issues and lack of medical support. The Court reaffirmed that causation requires an expert medical opinion to a reasonable degree of medical certainty.

forklift accidentcausationexpert medical opinionexpedited hearingdismissalfailure to prosecuteworkers' compensation claimsemployment injuryself-insured employerRule 41 motion
References
1
Case No. 2017-02-0178
Regular Panel Decision
Aug 31, 2017

Compton, Pamela v. Mo's Investments, Inc d/b/a Sicily Restuarant

Pamela J. Compton, a waitress, filed a request for an expedited hearing claiming a work-related injury against Mo’s Investments, Inc. d/b/a Sicily Restaurant. She sought past medical expenses and temporary total disability benefits. The Workers’ Compensation Judge, Brian K. Addington, denied her request. The court found Ms. Compton failed to provide sufficient evidence, citing discrepancies in the date and location of her alleged injury and a lack of expert medical proof. The decision concluded that she was unlikely to prevail at a hearing on the merits at this time.

expedited hearingworkers' compensationinjury claimburden of proofmedical evidencetemporary disability benefitsfactual discrepanciesuninsured employerwaitressemployment scope
References
3
Case No. 2015-08-0106
Regular Panel Decision
Jul 13, 2015

McIntosh, Sarah v. Randstad

Sarah Kaye Mcintosh, an employee of Randstad, sought an expedited hearing after experiencing carpal tunnel symptoms from extensive filing work and subsequent denial of her workers' compensation claim by ESIS. The Workers' Compensation Judge, Jim Umsted, found Ms. Mcintosh credible and determined she would likely prevail on the merits. The court ordered Randstad to provide a panel of orthopedic surgeons for treatment and to pay temporary partial disability (TPD) benefits at a weekly rate of $355.63 from April 11, 2015, until she reaches maximum medical improvement or can return to work at an equivalent wage. The case is set for an Initial Hearing on September 16, 2015.

Expedited HearingCarpal Tunnel SyndromeOccupational DiseaseTemporary Partial DisabilityMedical BenefitsNotice DefenseCausationBurden of ProofTennessee LawEmployer Liability
References
3
Case No. 2019-08-0221
Regular Panel Decision
Jul 30, 2021

Smith, Willie v. Memphis National Parts Warehouse/Daimler Trucks

Willie Smith, an employee of Memphis National Parts Warehouse/Daimler Trucks, sustained a back injury in 2018. His authorized treating physician, Dr. Samuel Murrell, recommended back surgery for a disc protrusion. However, a second opinion from neurosurgeon Dr. John Brophy, supported by utilization review and medical directors, contended the surgery was not medically necessary as there was no objective evidence of nerve root compression. The Court, at an expedited hearing, considered the conflicting expert testimonies and found Dr. Brophy's reasoning persuasive. Consequently, Mr. Smith's request for the recommended surgery was denied, as he was deemed unlikely to prove its medical necessity at a hearing on the merits.

Back InjurySpinal SurgeryMedical NecessityWorkers' Compensation ClaimsExpert Medical OpinionDisc ProtrusionNerve Root CompressionOrthopedic SurgeonNeurosurgeonUtilization Review
References
5
Case No. 2016-02-0380
Regular Panel Decision
Oct 20, 2016

LaGuardia, Kathleen v. Total Holdings/Hutchinson Sealing

Kathleen LaGuardia, a machine operator, filed for an Expedited Hearing seeking medical and temporary disability benefits after allegedly slipping and falling at work, fracturing her tibia. The employer, Total Holdings/Hutchinson Sealing, denied the claim, asserting Ms. LaGuardia tripped over her own leg rather than a workplace hazard. The Court heard conflicting testimonies from Ms. LaGuardia and a co-worker, Ms. Hall, regarding the cause of the fall. The judge found that Ms. LaGuardia fell as a result of catching her right foot on her left leg, not due to an employment hazard, and that she failed to provide sufficient evidence to conclude she was likely to prevail at a hearing on the merits. Consequently, her request for benefits was denied.

Workers' CompensationExpedited HearingSlip and FallTibia FractureDenied BenefitsWorkplace InjuryCausationEmployee TestimonyCo-worker TestimonyMedical Evidence
References
3
Case No. 2016-01-0270 / 68124-2015
Regular Panel Decision
Oct 19, 2016

Goodson, Theresa v. Dollar General Corp.

Employee Theresa Goodson filed a request for an Expedited Hearing seeking medical and temporary disability benefits for a back injury sustained from a fall at work. The court addressed whether Ms. Goodson was likely to prevail at a hearing on the merits, particularly regarding causation for her alleged compensable back injury and aggravation of a pre-existing condition. Despite Ms. Goodson's testimony, the court found she did not provide sufficient medical proof that her injury or its aggravation arose primarily out of and in the course and scope of her employment. Consequently, her requests for medical and temporary disability benefits were denied. However, Dollar General Corporation was held liable for any authorized medical treatment bills incurred prior to its denial of the claim.

Workers' CompensationBack InjuryFall InjuryPre-existing Medical ConditionCausationExpedited HearingMedical BenefitsTemporary Disability BenefitsIMESpondylolisthesis
References
4
Case No. 2021-06-1493
Regular Panel Decision
Nov 10, 2022

Shalabi, Mina v. Amazon.com Services, LLC

Mina Shalabi filed a claim for temporary disability benefits and additional medical treatment for a foot and ankle injury sustained at Amazon.com Services, LLC. The Court, holding an expedited hearing, noted conflicting medical opinions; Dr. Nevels initially treated the injury as work-related, but orthopedist Dr. Lucas Ritchie later concluded that Mr. Shalabi's current symptoms were not primarily a direct result of a work injury. Based on the evidence, the Court awarded Mr. Shalabi $147.30 for two days of past temporary disability benefits but denied his request for additional medical treatment, finding he was unlikely to prevail on the merits for that specific issue. A status hearing is set for January 17, 2023.

Foot injuryAnkle injuryTemporary disability benefitsMedical treatment denialCausation disputeOrthopedic evaluationWorkers' compensation lawExpedited hearingMedical certaintyEmployer liability
References
2
Case No. 2018-06-1107
Regular Panel Decision
Feb 06, 2019

Weekley, Amy v. Davidson Transit Authority

This expedited hearing concerned employee Amy Weekley's claim for medical treatment for a right-shoulder injury allegedly incurred while changing a bus tire as an employee of Davidson Transit Authority (DTA). The authorized treating physician, Dr. Matthew Willis, opined that the shoulder condition resulted from non-work-related degenerative conditions and arthritis. Ms. Weekley presented a conflicting opinion from Dr. John Tullos, who believed the injury was work-related. The Court found Dr. Tullos's opinion insufficient to overcome the presumption of correctness afforded to Dr. Willis's opinion. Consequently, the Court denied Ms. Weekley's requested relief for medical treatment, concluding she would not likely prevail in proving medical causation at a hearing on the merits.

Expedited HearingShoulder InjuryMedical CausationDegenerative ConditionsArthritisTreating Physician OpinionConflicting Medical OpinionsPresumption of CorrectnessBurden of ProofDenial of Benefits
References
0
Case No. 2016-01-0268
Regular Panel Decision
Nov 16, 2016

Gentry, Billy v. Purdy Brotthers Trucking

Billy Gentry, an over-the-road truck driver, filed a Request for Expedited Hearing seeking medical and temporary disability benefits for a right-knee injury he claimed occurred on March 24, 2015, while inspecting trailers. The employer, Purdy Brothers Trucking, argued Mr. Gentry lacked credibility due to numerous discrepancies in his statements regarding the date, time, and mechanism of injury to various company representatives and medical providers. The Court found Mr. Gentry failed to establish he was likely to prevail on the merits, citing contradictions in his testimony and lack of medical proof linking the knee injury to his employment. Consequently, the Court denied his request for benefits and denied Purdy Brothers' motion for involuntary dismissal, noting the interlocutory nature of the Expedited Hearing Order.

Knee InjuryExpedited HearingCredibility AssessmentBurden of ProofMedical Benefits DenialTemporary Disability BenefitsInjury Reporting DiscrepanciesInterlocutory OrderTennessee Workers' Compensation LawMotion to Dismiss
References
8
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