Updated Daily

Case Law Database

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

Case No. ADJ1396723

Regular

Nov 19, 2015

JESUS MENDOZA SANCHEZ vs. ENTERPRISE RENT-A-CAR

The applicant sought removal from an order requiring a Qualified Medical Evaluator (QME) panel in nephrology, arguing it would cause prejudice and irreparable harm. The Appeals Board denied the removal petition, citing that removal is an extraordinary remedy and reconsideration would be an adequate remedy. The Board adopted the WCJ's report, which found that the prior QME in internal medicine/endocrinology recommended a nephrology evaluation for permanent disability assessment. The denial was based on the failure to demonstrate substantial prejudice or irreparable harm, and the procedural adequacy of reconsideration.

Petition for RemovalWorkers' Compensation Appeals BoardQualified Medical EvaluatorNephrologyEndocrinologySubstantial PrejudiceIrreparable HarmReconsiderationFindings and OrderMedical Dispute

References

Case No. MISSING

Regular Panel Decision

Jun 19, 2001

Carman v. Abter

A nurse employed by a medical center providing dialysis services alleged she contracted HIV after a needle stick injury sustained while drawing blood from a patient. She filed a medical malpractice action against the medical center, a salaried physician (Dr. Ma) employed by a nephrology group associated with the center, and an independent infectious disease consultant (Dr. Abter) used by the group. The Supreme Court initially dismissed the complaint against all defendants, applying the Workers' Compensation Law's "fellow employee rule." On appeal, the judgment was modified. The appellate court affirmed the dismissal for the medical center and Dr. Ma, concluding their services to the plaintiff were employment-related and not available to the general public. However, the complaint against Dr. Abter was reinstated, as the fellow-employee rule was found not to apply to him given his status as an independent consultant.

Medical malpracticeHIV exposureNeedle stick injuryWorkers' CompensationFellow employee ruleIndependent contractorPhysician negligenceEmployer liabilityAppellate reviewNew York law

References

Showing 1-2 of 2 results

Ready to streamline your practice?

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

JESUS MENDOZA SANCHEZ vs. ENTERPRISE RENT-A-CAR

Petition for RemovalWorkers' Compensation Appeals BoardQualified Medical EvaluatorNephrologyEndocrinologySubstantial PrejudiceIrreparable HarmReconsiderationFindings and OrderMedical Dispute

Carman v. Abter

Medical malpracticeHIV exposureNeedle stick injuryWorkers' CompensationFellow employee ruleIndependent contractorPhysician negligenceEmployer liabilityAppellate reviewNew York law