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

Case No. MISSING
Regular Panel Decision

NYSA-ILA Medical & Clinical Services Fund Ex Rel. Capo v. Catucci

The NYSA-ILA Medical & Clinical Services Fund, an employee medical services fund, sued Sabato Catucci and his three sons for allegedly withholding payments from Saleo Trucking Corporation to the fund. This action followed a prior judgment against the corporation for delinquent contributions. The plaintiff sought to hold the defendants personally liable under alter ego, breach of ERISA fiduciary duty, and embezzlement theories. The court granted summary judgment to the plaintiff on the breach of ERISA fiduciary duty claim against Sabato Catucci, finding him to be a fiduciary who misused plan assets. However, claims against his sons were dismissed due to lack of sufficient control over the corporation. The alter ego claim against Sabato Catucci will proceed to trial, and the embezzlement claim was dismissed for not supporting a private civil cause of action.

ERISA Fiduciary DutyAlter Ego LiabilityCorporate Veil PiercingDelinquent ContributionsSummary JudgmentEmployee Benefit PlanMultiemployer FundSelf-DealingCorporate ControlLabor Law
References
32
Case No. MISSING
Regular Panel Decision

Queens Blvd. Medical, P.C. v. Travelers Indemnity Co.

The plaintiff, Queens Blvd. Medical, P.C., sought $950 in first-party no-fault benefits for biofeedback medical services provided to its assignor for lower back and chronic pain syndrome. The central issue at trial was the medical necessity of these services under Insurance Law § 5102 (a) (1). The plaintiff established a prima facie case with expert testimony from a board-certified neurologist affirming the medical appropriateness of biofeedback. The defendant insurance company failed to present admissible evidence to disprove medical necessity, as its expert was deemed incompetent to testify on biofeedback for back pain. Consequently, the court granted the plaintiff's motion for a directed verdict, awarding judgment for $950 along with statutory costs, interest, and attorney's fees.

No-fault benefitsMedical necessityBiofeedback treatmentExpert testimonyDirected verdictInsurance lawChronic pain syndromeBack injuryCPT codesBurden of proof
References
9
Case No. MISSING
Regular Panel Decision

Volt Technical Services Corp. v. Immigration & Naturalization Service

Plaintiff Volt Technical Services Corp. applied for H-2 visas for nuclear start-up technicians, which the Immigration and Naturalization Service (INS) denied, asserting the need was permanent, not temporary. After the denial was affirmed on appeal, Volt filed suit, alleging the INS's decision was arbitrary and capricious. The court upheld the INS's interpretation of the Immigration and Nationality Act § 101(a)(15)(H)(ii), which requires the employer's need for services to be temporary, not just the individual assignments. Finding that Volt demonstrated a recurring need for such technicians over several years, the court granted the INS's motion for judgment on the pleadings and denied Volt's.

Immigration LawH-2 visasNonimmigrant WorkersTemporary EmploymentImmigration and Nationality ActAdministrative Procedures ActDeclaratory Judgment ActAgency InterpretationJudicial ReviewNuclear Industry
References
5
Case No. MISSING
Regular Panel Decision

Americredit Financial Services, Inc. v. Oxford Management Services

AmeriCredit Financial Services, Inc. (AmeriCredit) commenced an action to confirm an arbitration award against Oxford Management Services (OMS). OMS cross-moved to vacate the award, alleging the arbitrator exceeded his powers by dismissing a counterclaim and manifestly disregarded the law. The arbitrator had dismissed OMS's counterclaim for spoilation of evidence. The Court affirmed the arbitrator's decision, finding he did not exceed his authority under the RSA by dismissing the counterclaim or by interpreting the contract terms regarding account termination. The Court also found no manifest disregard for the law, concluding the arbitrator's decision was rationally supported by the record. Consequently, AmeriCredit's motion to confirm the award was granted, and OMS's motion to vacate was denied.

Arbitration Award ConfirmationArbitration Award VacaturFederal Arbitration ActManifest Disregard of LawArbitrator PowersSpoilation of EvidenceContract InterpretationCollection Agency DisputeSummary ProceedingJudicial Review of Arbitration
References
41
Case No. ADJ18189986
Regular
Aug 15, 2025

ESMERALDA SANCHEZ vs. KELLERMEYER BERGENSONS SERVICES, LLC; CONSTITUTION STATE SERVICES; ZURICH AMERICAN INSURANCE COMPANY

Applicant Esmeralda Sanchez claimed industrial injury to multiple body parts while employed as a janitor for Kellermeyer Bergensons Services, LLC. The WCJ initially found the lien claimant, Spectrum Medical Group, failed to prove injury AOE/COE, awarding only $1,000 for a specific service date and excluding Dr. Nia's medical-legal report due to non-compliance with Labor Code § 4628. Both the defendant (Kellermeyer Bergensons Services, LLC, Constitution State Services, Zurich American Insurance Company) and the lien claimant petitioned for reconsideration, citing errors in the WCJ's findings regarding admissible evidence and the need for further record development. The Workers' Compensation Appeals Board granted both petitions, deferring a final decision to allow for further review of the merits and the entire record in light of applicable statutory and decisional law.

WCABPetition for ReconsiderationLien ClaimantAOE/COELabor Code § 4628Medical Legal ReportSubstantial EvidenceAdmissibilityIndustrial InjurySpectrum Medical Group
References
21
Case No. ADJ1182220 (WCK 0044768) ADJ144318 (WCK 0044769)
Regular
Feb 27, 2009

RICHARD CRUZ vs. AMERICAN PROTECTIVE SERVICES INC., CAMBRIDGE INTEGRATED SERVICES

The Workers' Compensation Appeals Board denied reconsideration of an award to Richard Cruz. The Board adopted the findings of the Administrative Law Judge (WCJ) who found that the applicant sustained a specific industrial spinal injury on December 16, 1997, and a cumulative trauma spinal injury through January 28, 1998, while employed by American Protective Services. The WCJ found the applicant credible and relied on the opinions of two medical evaluators, Dr. Brose and Dr. Lavorgna, who ultimately supported the finding of industrial injuries. The Board gave great weight to the WCJ's credibility determination and incorporated the WCJ's report, denying the defendant's petition.

Workers' Compensation Appeals BoardReconsideration DeniedWCJ ReportCredibility FindingIndustrial InjurySpecific InjuryCumulative TraumaSpine InjurySecurity GuardAgreed Medical Evaluator
References
1
Case No. 2022 NY Slip Op 02031
Regular Panel Decision
Mar 23, 2022

Perez v. NES Med. Servs. of N.Y., P.C.

Francisco R. Perez and his wife sued NES Medical Services of New York, P.C. for medical malpractice, alleging failure to timely diagnose and treat a spinal epidural abscess. NES, which contracted with Lutheran Medical Center's emergency department, moved for summary judgment, arguing it was not vicariously liable as the physicians were independent contractors. The Supreme Court granted NES's motion. The Appellate Division, Second Department, reversed this decision, finding that NES failed to eliminate all triable issues of fact regarding the employment status of the emergency room physicians. The court emphasized that control over the method and means of work is critical in determining contractor vs. employee status, and NES did not provide sufficient evidence.

Medical MalpracticeVicarious LiabilityIndependent ContractorRespondeat SuperiorSummary JudgmentEmergency RoomSpinal Epidural AbscessAppellate ReviewEmployment StatusTriable Issues of Fact
References
12
Case No. MISSING
Regular Panel Decision

Levine v. United Parcel Service

A claimant, employed by United Parcel Service, suffered stress and mental depression on May 13, 1982, allegedly due to supervisor harassment, which the Workers' Compensation Board ruled an accidental injury. The employer and its carrier appealed, challenging the facts of the incident and the medical causation, especially given the claimant's preexisting anxiety. The Appellate Division affirmed the Board's decision, citing its prerogative to assess witness credibility and weigh conflicting medical evidence. The Board's findings, based on the claimant's testimony and psychiatrist's report, were deemed supported by substantial evidence. The decision affirmed the compensability of mental injury precipitated by psychic trauma under the Workers' Compensation Law.

Mental InjuryPsychic TraumaHarassmentSupervisor ConductAccidental InjuryPreexisting ConditionCredibility of WitnessesMedical EvidencePosttraumatic Stress DisorderAppellate Review
References
5
Case No. ADJ9116549
Regular
Mar 13, 2020

EMMA MEDINA vs. SUNRISE RESTAURANT, LLC, DENNY'S RESTAURANT, CANNON COCHRAN MANAGEMENT SERVICES, CHUBB INSURANCE

This Workers' Compensation Appeals Board case concerns the reimbursement for lien claimant Preferred Scan's copy services. The Board granted reconsideration to clarify what constitutes medical-legal expenses and the reasonable value of copy services. The Appeals Board rescinded the original award and returned the matter for further proceedings, finding that certain copy services for medical records were properly considered medical-legal expenses. However, the reasoning for doubling the copy service fee schedule was insufficient and requires further development at the trial level.

Workers' Compensation Appeals BoardReconsiderationLien ClaimantCopy ServicesMedical-Legal ServicesCopy Service Fee ScheduleLabor CodeSubpoena Duces TecumExplanation of ReviewCompromise and Release
References
4
Case No. MISSING
Regular Panel Decision

Najarro v. Summit Security Services, Inc.

In 1985, an 18-year-old plaintiff was critically injured while employed by A&P, necessitating lifelong institutional care. The Workers' Compensation Board ruled A&P responsible for plaintiff's wages, but the New York City Department of Social Services (DSS) mistakenly paid for his medical care from 1987 to 1996. A dispute arose regarding whether A&P's waiver of an 'existing' workers' compensation lien included these past medical bills after a $1 million settlement with defendant Summit Security Services. The IAS Court initially ordered A&P's administrator, Crawford & Co., to pay Beth Abraham Health Services $779,325 for past services, with Beth Abraham then reimbursing DSS. The appellate court reversed this order, vacating it and remanding the matter to Supreme Court for a hearing to determine the exact amount of the DSS Medicaid lien against A&P/Crawford. The court also ruled that medical providers should not be involved in reimbursing DSS, and any further compensation claims by Beth Abraham against A&P/Crawford, beyond the Medicaid rate, must be determined by the Workers' Compensation Board in accordance with the Workers' Compensation Law.

Medicaid ReimbursementLien WaiverJurisdictionAppellate ReviewSettlement Agreement InterpretationMedical BenefitsEmployer ResponsibilityInsurance AdministratorThird-Party DefendantStatutory Interpretation
References
3
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