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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

Equal Employment Opportunity Commission v. Grief Bros.

This employment discrimination case, filed July 1, 2002, involves Michael Sabo (Plaintiff) who alleges constructive discharge based on sexual harassment and claims severe emotional pain and suffering. The Defendant moved for a mental examination of Sabo under Fed.R.Civ.P. 35 and to compel the production of his medical records. Sabo alleged severe humiliation, anxiety, depression, loss of self-esteem, sleeplessness, and weight gain, and admitted to a history of depression, past suicide attempts, and current psychiatric treatment with prescribed medications. The court granted the Defendant's motions, finding that Sabo had placed his mental condition in controversy due to the nature and severity of his claims and his medical history, justifying both the examination and the production of relevant medical records. The court also granted Defendant's request for costs associated with compelling the medical records, but denied the request for costs related to the Rule 35 motion itself, and denied Plaintiff's request for counsel or recording during the examination.

Employment DiscriminationSexual HarassmentConstructive DischargeEmotional DistressMental ExaminationRule 35Medical RecordsDepressionSuicide AttemptsCompensatory Damages
References
11
Case No. MISSING
Regular Panel Decision

Claim of Coratti v. Jon Josef Hair & Colour Group

The Workers' Compensation Board denied a claimant's motion to preclude a workers’ compensation carrier’s consultant report, which was based solely on a review of medical records, not an independent medical examination (IME). The claimant argued non-compliance with Workers’ Compensation Law § 137 (1) (b), a provision requiring notice if an IME is performed. The Board concluded the statute does not apply to records-review-only reports. An appellate court affirmed, holding that the plain language of § 137 (1) (b) explicitly refers to practitioners who have performed or will perform an IME, thereby excluding those who solely review records. The court emphasized that statutory interpretation must adhere to plain language, leaving policy arguments to the Legislature.

IME reportsrecords reviewWorkers' Compensation Lawstatutory interpretationpreclusion motioncausationoccupational illnessdue processlegislative intent
References
3
Case No. MISSING
Regular Panel Decision

Rechenberger v. Nassau County Medical Center

Edward Rechenberger suffered hip fractures and underwent two operations at Nassau County Medical Center in May 1982. Following a re-injury and later diagnosis, he learned the surgical hardware was improperly implanted, leading to further operations. Mr. Rechenberger sought leave to serve a late notice of claim against the medical center. The Supreme Court initially denied the motion, but the Appellate Division reversed this decision, finding that the hospital had actual knowledge of the essential facts of the claim within the statutory 90-day period through its own medical records. The court concluded that the delay in serving the notice of claim was not substantially prejudicial to the hospital, and thus, granted the petitioners leave to serve the late notice of claim.

Medical MalpracticeLate Notice of ClaimNassau CountyHip FractureSurgical ErrorContinuous Treatment DoctrineActual NoticePrejudiceAppellate ReviewMunicipal Corporation
References
11
Case No. MISSING
Regular Panel Decision

Claim of Korthals v. Valu Home Centers, Inc.

Claimant sustained back injuries in 2003 and 2009 while employed by Valu Home Centers, Inc. and Spectrum Human Services, respectively. A 2009 independent medical examination apportioned liability for her condition across both injuries and prior motor vehicle accidents. After claimant's 2011 back surgery, Spectrum's carrier requested further action, prompting Valu's carrier to seek a liability transfer for the 2003 claim to the Special Fund for Reopened Cases. The Workers’ Compensation Board approved this transfer, ruling no prior request to reopen the 2003 claim existed. The Special Fund appealed, contending the 2009 medical report served as an application to reopen. The court reversed the Board's decision, determining that the medical report submitted in 2009 indeed constituted a timely application to reopen the 2003 claim, thereby preventing liability transfer to the Special Fund.

Workers' Compensation LawSpecial Fund for Reopened CasesLiability ApportionmentClaim ReopeningIndependent Medical ExaminationWorkers' Compensation Board DecisionAppellate ReviewBack InjuryPrior InjurySeven-Year Rule
References
5
Case No. MISSING
Regular Panel Decision

Dibble v. Consolidated Rail Corp.

The Supreme Court order was unanimously modified on appeal. The modification involved deleting the provision that granted the third-party defendant's motion to compel the plaintiff to provide authorization for all of the plaintiff's workers' compensation records and medical records. The court reasoned that CPLR 3102 [a] does not contain any provision allowing a third-party defendant to obtain such authorization from the plaintiff. The order, as modified, was affirmed without costs.

Discovery DisputeWorkers' Compensation RecordsMedical Records DisclosureMotion to CompelCPLR 3102 [a]Appellate Court RulingPlaintiff RightsThird-Party Defendant ActionErie County Supreme CourtOrder Modification
References
2
Case No. MISSING
Regular Panel Decision

Claim of Totino v. Helann Trucking Corp.

This case involves an appeal from a Workers' Compensation Board decision that discharged the Special Fund for Reopened Cases from liability under Workers’ Compensation Law § 25-a. The claimant sustained a back injury in 1957, and later aggravated it in 1960. His cases were closed but subsequently reopened more than seven years after closure and three years after the last payment, statutory periods that typically assign liability to the Special Fund. However, the Board found the carriers liable, determining that medical reports filed in 1961 constituted applications for reopening within seven years of the injuries. The carrier for the first accident appealed, citing a lack of notice and opportunity for cross-examination of medical witnesses. The Appellate Division affirmed the Board's decision, emphasizing the carrier's obligation to request further record development and confirming that a medical report can serve as an application to reopen if it notifies the Board of a change in the claimant’s condition.

Reopened CasesSpecial Fund LiabilityWorkers' Compensation Law Section 25-aMedical EvidenceNotice RequirementsCross-examination RightsCarrier ObligationBoard Decision AppealBack InjuryHerniated Disc
References
4
Case No. 07-CV-6149L
Regular Panel Decision
Feb 18, 2010

Johnson v. THE UNIVERSITY OF ROCHESTER MEDICAL CENTER

Plaintiffs Keith Johnson, M.D., and Laura Schmidt, R.N., filed a qui tam action under the False Claims Act against the University of Rochester Medical Center and Strong Memorial Hospital. They alleged defendants defrauded the government by submitting false claims for anesthesiology services under Medicare/Medicaid, claiming physician supervision when it was absent. Johnson also alleged retaliatory discharge for reporting violations, and Schmidt claimed retaliation for refusing to alter medical records. The defendants moved to dismiss, arguing failure to plead fraud with particularity under Fed. R. Civ. P. 9(b) and failure to state a claim under Rule 12(b)(6). Johnson cross-moved to amend the complaint to add claims of libel per se and prima facie tort against Dr. Lustik. The court granted the defendants' motion to dismiss, finding that the plaintiffs failed to allege that any fraudulent bills were actually presented to Medicare/Medicaid. The retaliation claims were also dismissed because the complaints were not made in furtherance of a qui tam action. Johnson's motion to amend was denied as frivolous and in bad faith. Defendants' request for sanctions was denied without prejudice.

False Claims ActQui TamMedicare FraudMedicaid FraudRetaliatory DischargePleading StandardsRule 9(b)Motion to DismissLeave to AmendLibel
References
28
Case No. ADJ869205 (SAC 0294976) ADJ302322 (SAC 0354178)
Regular
Oct 11, 2010

Patricia Rush vs. The Permanente Medical Group; Athens Administrators Concord

This case involves Patricia Rush claiming cumulative trauma injuries to her knees and back, among other body parts, against The Permanente Medical Group. The Workers' Compensation Appeals Board granted reconsideration because the Administrative Law Judge's findings of industrial causation for knee injuries lacked substantial medical evidence, with conflicting and uncertain Qualified Medical Evaluator opinions. The Board rescinded the prior findings and ordered further development of the medical record, suggesting an Agreed Medical Examiner or a court-appointed physician to resolve the causation issue for the knee injuries. The matter is returned to the trial level for a new final determination after the record is further developed on all issues, including injury causation.

Workers' Compensation Appeals BoardPermanente Medical GroupAthens Administratorscumulative trauma injurykneesbackshouldershandswristsindustrial causation
References
0
Case No. ADJ2757176 (OAK 0342708)
Regular
Jan 07, 2011

JASMINE HUYNH vs. SUPPLEMENTAL HEALTH CARE, AMERICAN HOME ASSURANCE COMPANY

This case involves an applicant who amended her claim to include a psyche injury at the Mandatory Settlement Conference. The defendant argues this prevented them from conducting discovery on the new issue. The Appeals Board granted the defendant's Petition for Removal because the medical record is incomplete, including a lack of final evaluation from a QME and insufficient opportunity for the defendant to obtain medical evaluations for the psyche injury. Furthermore, the relevance of a prior, pending reopened industrial injury claim and its associated medical records has not yet been determined. Consequently, the Board took the case off calendar to allow for further development of the record.

Petition for RemovalAmended ApplicationMandatory Settlement ConferenceQualified Medical EvaluatorPetition to ReopenPermanent and StationaryPsychological EvaluationDeclaration of Readiness to ProceedAOE/COETaken off Calendar
References
0
Case No. MISSING
Regular Panel Decision

Eckman v. Cipolla

The plaintiff, Susan Eckman, appealed an order from the Supreme Court, Kings County, which granted summary judgment to defendants Anthony Cipolla, City of New York, New York City Fire Department, and Gerard J. Moriarty in a medical malpractice action. Eckman sought damages for the alleged wrongful death and pain and suffering of her late husband, James M. Manganaro III, who died by suicide, asserting that Cipolla failed to adequately monitor his psychotropic medication and Moriarty failed to perform a complete mental status assessment despite suicidal ideation. The defendants successfully demonstrated their prima facie entitlement to judgment as a matter of law, presenting expert affirmations, deposition testimony, and relevant medical records. The appellate court found that the plaintiff's expert affidavit was conclusory, speculative, and unsupported by the record, failing to raise a triable issue of fact. Consequently, the Supreme Court's decision to grant summary judgment dismissing the complaint against the defendants was affirmed.

Medical MalpracticeWrongful DeathSuicideSummary JudgmentPsychotropic MedicationSocial Work MalpracticeExpert WitnessProximate CauseAppellate ReviewKings County
References
10
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