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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

In Re Keenan

This decision addresses a Chapter 11 bankruptcy case concerning Dr. Keenan and his spouse, referred to as the Debtors-in-Possession. The Debtors were set to receive $100,000 from an insurance claim for pre-petition ear injuries sustained by Dr. Keenan. An unsecured creditor, Norwest Financial New York, Inc., sought a court order to limit the Debtors' use of these proceeds, fearing they would be used for personal expenses instead of for the medical practice or creditors. The court declined to micromanage the estate by imposing such limitations, emphasizing that it is better for the parties to negotiate a resolution. It also cautioned the Debtors that their financial conduct could lead to creditors seeking conversion or dismissal of the case.

Chapter 11BankruptcyDebtor-in-PossessionInsurance ProceedsPersonal Injury ClaimPost-petition IncomeCreditor RightsEstate AdministrationJudicial RestraintNegotiation
References
0
Case No. MISSING
Regular Panel Decision

Keenan v. Jones

Paul D. Keenan and Nora Keenan filed a complaint against Melvin Jones and J.B. Hunt Transport, Inc., alleging negligence caused Keenan's workplace injuries. Defendants then filed a third-party complaint seeking indemnity or contribution from Silo, Inc., Keenan's employer. During the proceedings, the New York Legislature enacted the Omnibus Workers’ Compensation Reform Act of 1996, which largely eliminated employer liability for contribution or indemnity. Silo, the third-party defendant, moved for summary judgment, arguing the Omnibus Act should apply retroactively to bar the claim. The court denied Silo's motion, concluding that New York courts consistently hold the Omnibus Act applies prospectively only and does not affect pending cases.

Workers' Compensation Reform ActOmnibus ActRetroactive ApplicationProspective ApplicationSummary Judgment MotionThird-Party ClaimIndemnityContributionEmployer LiabilityNew York Law
References
8
Case No. 2025 NYSlipOp 07224
Regular Panel Decision
Dec 23, 2025

Keenan v. Bloomberg L.P.

The Appellate Division, First Department, affirmed an order denying defendant Bloomberg L.P.'s motion to dismiss plaintiff Susan Keenan's complaint. The court rejected the untimeliness argument, stating that the alleged discriminatory and retaliatory acts could constitute a continuing pattern of unlawful conduct. Plaintiff successfully stated causes of action for employment discrimination based on gender and age, hostile work environment, retaliation, and violations of the New York State and New York City Human Rights laws. Additionally, claims under New York's Equal Pay Act and for disparate impact, regarding a discriminatory evaluation system and pay disparity, were found sufficiently pleaded.

DiscriminationGender DiscriminationAge DiscriminationEmployment DiscriminationRetaliationEqual Pay ActDisparate ImpactHostile Work EnvironmentMotion to DismissAppellate Review
References
6
Case No. ADJ14895207; ADJ162421; ADJ14895259; ADJ14894712
Regular
Feb 13, 2023

DENISE ARMTROUT vs. PLEASANTON UNIFIED SCHOOL DISTRICT, KEENAN ASSOCIATES

This case involves an applicant seeking reconsideration of a Workers' Compensation Appeals Board decision denying her petition. The applicant, Denise Armtrout, sought authorization for lymphatic massage therapy for lymphedema. Independent medical review initially denied the treatment, citing a lack of evidence for its necessity and the applicant's ability to perform self-treatment. The Board adopted the WCJ's report and denied reconsideration, upholding the prior decision to deny the petition.

Workers' Compensation Appeals BoardPetition for ReconsiderationDenying PetitionIndependent Medical Review (IMR)Lymphatic MassageLymphedemaChild Nutrition SpecialistAgreed Medical Evaluator (AME)Utilization Review (UR)Plainly Erroneous Finding of Fact
References
1
Case No. ADJ3517491 (SBR 0339570)
Regular
Apr 30, 2010

MARIA OROZCO vs. RIALTO UNIFIED SCHOOL DISTRICT, KEENAN ASSOCIATES RIVERSIDE

The Workers' Compensation Appeals Board (WCAB) dismissed Maria Orozco's Petition for Reconsideration against Rialto Unified School District and Keenan Associates. The WCAB adopted the reasoning of the workers' compensation administrative law judge's Report and Recommendation. The order of dismissal was filed on April 30, 2010. No specific details of the underlying dispute are provided in this order.

Petition for ReconsiderationDismissedWorkers' Compensation Appeals BoardAdministrative Law JudgeReport and RecommendationRialto Unified School DistrictKeenan Associates RiversideADJ3517491SBR 0339570San Bernardino District Office
References
0
Case No. ADJ7019654
Regular
Feb 06, 2013

KEENAN MCCARDELL vs. CHARGERS FOOTBALL CO., LLC dba SAN DIEGO CHARGERS, GREAT DIVIDE INSURANCE CO., administered by BERKLEY SPECIALTY UNDERWRITING MANAGERS, LLC, JACKSONVILLE JAGUARS, TAMPA BAY BUCCANEERS, ACE/PACIFIC EMPLOYERS INSURANCE administered by NOVA PRO RISK SOLUTIONS, CLEVELAND BROWNS, WASHINGTON REDSKINS, ACE, administered by ESIS, HOUSTON TEXANS, RELIANCE AND LEGION INSURANCE, in liquidation by CIGA, TRAVELERS

This case concerns Keenan McCardell's workers' compensation claim for injuries sustained as a professional football player from January 2007 to January 2008. The primary issue on reconsideration was whether the claim was barred by the statute of limitations. The Board affirmed the original award, finding that McCardell did not sustain a disabling injury until he sought line-of-duty benefits in July 2009, which was less than a year before filing his workers' compensation claim. Therefore, the claim was deemed timely filed.

Workers' Compensation Appeals BoardKeenan McCardellChargers Football Co.LLCGreat Divide Insurance Co.occupational injuryprofessional athletecumulative injurystatute of limitationsLabor Code section 5405
References
0
Case No. MISSING
Regular Panel Decision

Keenan v. Pinnacle Enterprises, Ltd.

Claimant, a laborer, stopped working in May 2002 due to back pain, initially attributing it to a non-work-related disc herniation from coughing at home and receiving disability benefits. Later, he filed for workers' compensation, claiming his injury was an occupational disease caused by job-related activities. A Workers' Compensation Law Judge initially established the claim, but the Workers’ Compensation Board rescinded it and, after further medical review, disallowed the claim, a decision affirmed by the Board. The appellate court affirmed the Board's decision, noting the claimant's prior back treatment and accepting the carrier's medical expert opinion that the injury was an aggravation of a preexisting condition and not directly work-related.

Occupational DiseaseBack InjuryDisc HerniationPreexisting ConditionCausal RelationshipWorkers' Compensation BenefitsMedical EvidenceDisability ClaimAggravation of InjuryAppellate Review
References
2
Case No. 2012 NY Slip Op 32612CU
Regular Panel Decision
Oct 16, 2012

Keenan v. Simon Property Group, Inc.

Plaintiff, an employee of Proper Construction, was injured when he fell from a ladder while installing vinyl lining in a storefront window frame during a renovation project at an Art of Shaving store, owned by RPT. The ladder was unstable due to debris in the confined work area, preventing its proper use, and had spikes on its steps that caused the plaintiff to lose his balance and fall. Initially, the Supreme Court denied the plaintiff's motion for partial summary judgment on the Labor Law § 240 (1) claim. However, the appellate court modified the order, granting the plaintiff's motion against RPT and Art of Shaving. The claims against Alert Glass, a subcontractor, were dismissed as it lacked control over the work site and was not a statutory agent.

Ladder FallConstruction AccidentLabor Law § 240 (1)Summary JudgmentCommon-Law IndemnificationVicarious LiabilityWorkplace SafetyElevation HazardInadequate Safety DeviceSubcontractor Liability
References
8
Case No. MISSING
Regular Panel Decision
Jul 25, 2001

Claim of Multari v. Keenan Oil Co.

The claimant appealed a Workers' Compensation Board decision from July 25, 2001, which found that a section 32 waiver agreement included his major depression condition. The claimant had settled two compensation cases from 1972 and 1994 for $93,000, closing both. He later argued the agreement failed to cover his major depression, established in 1996 in conjunction with the 1994 accident. The Board affirmed its jurisdiction and rejected the claimant's contention that the major depression was excluded. The appellate court agreed the Board had jurisdiction to determine if a condition was included in a section 32 agreement. On the merits, the court found the Board correctly concluded the major depression condition was subsumed in the settlement, citing the agreement's unequivocal terms and the claimant's hearing testimony. The agreement stated cases could not be reopened "for any purpose whatsoever" and permanently discontinued weekly benefits that included compensation for depression.

Workers' CompensationSettlement AgreementWaiver AgreementMajor DepressionPsychiatric ConditionJurisdictionSection 32 AgreementAppealBoard ReviewScope of Agreement
References
4
Case No. ADJ7009927
Regular
Aug 10, 2010

BATOOL NULWALA vs. COTTAGE HOSPITAL, KEENAN & ASSOCIATES

The defendant hospital sought reconsideration of an award granting temporary disability benefits. The Appeals Board granted reconsideration and reversed the original finding, determining the applicant was not entitled to benefits from August 12, 2009, onwards. This was because the applicant resigned to move out of state for her husband's job, and the employer had offered, and would have continued to offer, modified work had she not resigned. Consequently, the award of temporary disability benefits and an attorney's fee based on those benefits was rescinded.

Workers' Compensation Appeals BoardIndustrial InjuryNeck InjuryShoulder InjuryX-ray TechnicianTemporary Disability BenefitsModified WorkSelf-Procured Medical TreatmentFindings and AwardReconsideration
References
3
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