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

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

Case No. MISSING

Regular Panel Decision

Jan 25, 2016

Francis v. Wyckoff Heights Medical Center

Plaintiff Pauline Francis, a former Emergency Department Technician at Wyckoff Heights Medical Center, brought suit against her employer and supervisor Betty O'Hagan for disability discrimination and failure to accommodate under the ADA, NYSHRL, and NYCHRL. Francis, a breast cancer survivor suffering from lymphedema, alleged her frequent absences due to her condition were tolerated until Ms. O'Hagan's strict enforcement of attendance policies led to her termination. The court granted defendants' motion for summary judgment, finding that while Francis was disabled, she failed to demonstrate she was 'otherwise qualified' for her job, as regular and predictable attendance was an essential function that could not be reasonably accommodated by unlimited sick days or unavailable light duty. Consequently, ADA claims were dismissed with prejudice, and state law claims were dismissed without prejudice due to declining supplemental jurisdiction.

Disability DiscriminationAmericans with Disabilities ActEmployment LawSummary JudgmentReasonable AccommodationLymphedemaBreast Cancer SurvivorAbsenteeismTermination of EmploymentEastern District of New York

References

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DENISE ARMTROUT vs. PLEASANTON UNIFIED SCHOOL DISTRICT, KEENAN ASSOCIATES

Francis v. Wyckoff Heights Medical Center