CompFox Logo
AboutWorkflowFeaturesPricingCase LawInsights

Updated Daily

Case Law Database

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

Case No. MISSING
Regular Panel Decision
Jun 23, 1977

Milashouskas v. Mercy Hospital

Plaintiff Judith Milashouskas, a nurse, sustained injuries while working at Mercy Hospital and received medical treatment at the hospital's emergency room. She and her husband initiated a medical malpractice action, alleging damages from negligent treatment. Mercy Hospital asserted an affirmative defense under Workers’ Compensation Law § 29(6), arguing the action was barred. The Supreme Court, Nassau County, dismissed this defense, a decision affirmed on appeal. The appellate court found that Milashouskas sought treatment as a member of the public, and the hospital failed to provide evidence linking the medical treatment to her employment. The court emphasized that plaintiffs must still prove their injuries were proximately caused by the alleged negligence, not the underlying accident.

Medical MalpracticeWorkers' CompensationAffirmative DefenseNegligenceHospital LiabilityEmergency TreatmentCPLRAppellate ReviewEmployment InjuryCausation
References
1
Case No. MISSING
Regular Panel Decision

Huntington Hospital v. Huntington Hospital Nurses' Ass'n

Huntington Hospital initiated an action under the Federal Arbitration Act to partially vacate an arbitration award, while the Huntington Hospital Nurses’ Association cross-petitioned to confirm it. The dispute originated from the Hospital unilaterally granting two nurses, Betty Evans and Lynn Meyer, longevity pay credits exceeding the ten-year cap stipulated in their collective bargaining agreement (CBA). The arbitrator found the Hospital violated the CBA's sections on pay and exclusive bargaining rights. The arbitrator mandated the Hospital roll back excess credits and recover overpayments. The District Court denied the Hospital's petition, dismissing arguments regarding public policy, manifest disregard for law, and lack of award finality, ultimately confirming the arbitration award.

Arbitration AwardCollective Bargaining AgreementLabor LawFederal Arbitration ActWage DisputesLongevity PayUnion RightsPublic Policy ExceptionManifest Disregard of LawContract Interpretation
References
22
Case No. MISSING
Regular Panel Decision

Slaybough v. Nathan Littauer Hospital

Plaintiff, a manual laborer, suffered a severe hand injury and sought emergency care at Nathan Littauer Hospital. Due to significant delays (over six hours) in receiving proper treatment and the wound not being cleaned, his condition deteriorated, leading to failed surgeries performed by Dr. Thomas S. Eagan and permanent injury to his left index finger. Plaintiff sued the hospital and Dr. Eagan for medical malpractice, later discontinuing the claim against Eagan. A jury found the hospital liable, awarding $250,000 for pain and suffering. The hospital appealed, arguing improper denial of summary judgment, insufficient proximate cause proof, and that the verdict was against the weight of the evidence. The appeals court affirmed the judgment against Nathan Littauer Hospital, finding sufficient evidence to support the jury's verdict of negligence and damages.

Medical MalpracticeHospital NegligenceSurgical ErrorDelayed TreatmentProximate CauseSummary JudgmentVerdict UpheldDamages AwardTendon InjuryHand Surgery
References
19
Case No. MISSING
Regular Panel Decision

League of Voluntary Hospitals & Homes v. Local 1199, Drug, Hospital & Health Care Workers Union

The court addresses an application for a preliminary injunction against Local 1199, a union planning a three-day strike. The League of Voluntary Hospitals and Homes of N. Y. sought the injunction following a previous temporary restraining order concerning a one-day strike. The union argued that each planned strike required a new legal proceeding, but the court deemed the strikes "episodic and organically connected." Citing concerns about blocked ingress/egress to hospitals and the union president's threats to "shut down" facilities, the judge found a preliminary injunction necessary under Labor Law § 807 to protect public health and safety. The injunction restrains the union from unlawfully interfering with hospital operations, blocking access, and picketing within certain distances of hospital entrances and emergency rooms.

Labor DisputePreliminary InjunctionStrike ActionUnion ActivityHospital AccessPicketing RegulationsCollective BargainingCivil Disobedience ThreatPublic Health and SafetyIngress Egress Interference
References
1
Case No. MISSING
Regular Panel Decision

Kolari v. New York-Presbyterian Hospital

Plaintiffs, a group of uninsured and indigent patients, brought a consolidated action against New York-Presbyterian Hospital, NY-Presbyterian Health Care System, Inc., and the American Hospital Association. They argued that private non-profit hospitals are legally obligated to provide free or reduced-rate services to uninsured individuals and that the rates charged were unreasonable compared to those offered to insured patients. The plaintiffs alleged violations of federal laws, including 26 U.S.C. § 501(c)(3) (tax exemption), the Fair Debt Collection Practices Act (FDCPA), the Emergency Medical Treatment and Active Labor Act (EMTALA), and 42 U.S.C. § 1983, as well as various New York state laws, such as breach of contract, breach of charitable trust, New York General Business Law § 349, unjust enrichment, and fraud. The District Court granted the defendants' motions to dismiss all claims with prejudice, concluding that no federal or state law requires private non-profit hospitals to offer free or reduced-rate care or to charge uninsured patients the same as insured patients. The court found that plaintiffs lacked standing for several claims and failed to state a claim upon which relief could be granted for the remaining allegations.

Uninsured Patient RightsHospital PricingNon-Profit HospitalsTax Exempt StatusDebt Collection PracticesEmergency Medical TreatmentCivil Rights ClaimsCharitable Trust LawNew York Business LawUnjust Enrichment
References
82
Case No. MISSING
Regular Panel Decision

Elaine W. v. Joint Diseases North General Hospital, Inc.

Plaintiffs, including Elaine W., sued Joint Diseases North General Hospital for unlawful sexual discrimination due to its policy of excluding pregnant women from its drug detoxification program. The hospital defended its blanket exclusion on medical grounds, citing a lack of specialized equipment, obstetricians, and licensing for obstetrical care. After conflicting rulings in lower courts, with the Appellate Division siding with the hospital, the New York Court of Appeals reversed the Appellate Division's decision. The Court ruled that the hospital must prove its blanket exclusion is medically warranted at trial, rejecting the idea that a mere medical explanation, when disputed, validates a discriminatory policy. The case emphasizes that distinctions based on pregnancy constitute sexual discrimination under New York's Human Rights Law, requiring individual assessment unless a complete medical impossibility of safe treatment is demonstrated.

Sexual DiscriminationPregnancy DiscriminationDrug Detoxification ProgramHospital PolicyMedical JustificationHuman Rights LawExecutive LawAppellate ReviewSummary JudgmentBurden of Proof
References
11
Case No. MISSING
Regular Panel Decision

Elie v. St. Barnabas Hospital

The case involves consolidated appeals where defendant St. Barnabas Hospital challenged the denial of its motions to dismiss complaints filed by plaintiffs. The plaintiffs, incarcerated individuals at Rikers Island Jail, allege negligence and violations of their civil rights under 42 USC § 1983. They claim that St. Barnabas, which contracted with the New York City Health and Hospitals Corporation to provide medical care, implemented institutional policies to discourage costly treatments, leading to negligent care and deliberate indifference to their serious health needs. The appellate court affirmed the denial of St. Barnabas's motions to dismiss, ruling that the complaints adequately state causes of action for negligence and civil rights violations, and that St. Barnabas, as a private healthcare provider, is not entitled to qualified immunity.

Civil Rights42 USC 1983Deliberate IndifferenceInmate Medical CareNegligenceRikers IslandHospital LiabilityMotion to DismissQualified ImmunityEighth Amendment
References
25
Case No. MISSING
Regular Panel Decision

Perez v. Brookdale University Hospital & Medical Center

Eulalia Perez was admitted to Brookdale University Hospital on November 16, 2010, and treated for various medical conditions before being discharged on December 7. She died two days later. Her family, Ivan and Irma Perez, sued Brookdale and other defendants, alleging a violation of the Emergency Medical Treatment and Active Labor Act (EMTALA) and state-law claims of wrongful death and negligence. The court granted Brookdale's motion for summary judgment on the EMTALA claim, determining that the hospital fulfilled its EMTALA duties once Mrs. Perez was stabilized, and any subsequent issues were outside the statute's scope. Consequently, the court declined to exercise supplemental jurisdiction over the state-law claims, leading to the dismissal of all claims against all parties.

EMTALAEmergency Medical Treatment and Active Labor ActMedical MalpracticeNegligenceWrongful DeathSummary JudgmentSupplemental JurisdictionPatient DumpingHospital DischargeFederal Question Jurisdiction
References
8
Case No. MISSING
Regular Panel Decision
Nov 07, 1975

Buchanan v. New York City Health & Hospitals Corp.

The case concerns an appeal challenging a hospital lien and the application of a contractual period of limitations in an insurance policy. The plaintiff, as executrix of Percy Buchanan, sought to challenge a lien filed by the New York City Health and Hospitals Corporation and compel Associated Hospital Services (AHS) to cover remaining hospital costs. The lower court initially granted AHS summary judgment, finding the action time-barred. However, the appellate court modified this decision, denying AHS's cross-motion for summary judgment. It ruled that a question of fact existed regarding whether AHS could be estopped from asserting the limitations period, given its silence on claim rejections until after the period had expired.

Hospital LienContractual Limitations PeriodSummary Judgment MotionEquitable EstoppelHealth Insurance PolicyStatute of LimitationsAppellate Court DecisionInsurance Coverage DisputeExecutorshipGroup Health Insurance
References
3
Case No. MISSING
Regular Panel Decision
Mar 29, 2006

Ochei v. Coler/Goldwater Memorial Hospital

Plaintiff Joan Ochei brought an action against Coler/Goldwater Memorial Hospital and New York City Health and Hospitals Corporation, alleging discrimination based on race and national origin, a hostile work environment, and retaliation, leading to constructive discharge. Ochei, a Licensed Practical Nurse, claimed inadequate training, negative evaluations, and transfer were discriminatory. The defendants moved for summary judgment, arguing Ochei failed to establish a prima facie case. The court granted summary judgment, dismissing the complaint, finding no evidence to support Ochei's claims of discrimination, a hostile work environment, or constructive discharge. Additionally, Coler/Goldwater Memorial Hospital was deemed not a suable entity.

DiscriminationNational Origin DiscriminationRace DiscriminationHostile Work EnvironmentRetaliationConstructive DischargeSummary JudgmentEmployment LawTitle VIINew York State Human Rights Law
References
47
Showing 1-10 of 3,181 results

Ready to streamline your practice?

Apply these legal strategies instantly. CompFox helps you find decisions, analyze reports, and draft pleadings in minutes.

CompFox Logo

The AI standard for workers' compensation professionals. Faster research, deeper analysis, better outcomes.

Product

  • Platform
  • Workflow
  • Features
  • Pricing

Solutions

  • Defense Firms
  • Applicants' Attorneys
  • Insurance carriers
  • Medical Providers

Company

  • About
  • Insights
  • Case Law

Legal

  • Privacy
  • Terms
  • Trust
  • Cookies
  • Subscription

© 2026 CompFox Inc. All rights reserved.

Systems Operational