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

Case No. 2019 NY Slip Op 03749
Regular Panel Decision
May 15, 2019

Allstate Ins. Co. v. Buffalo Neurosurgery Group

The plaintiff, Allstate Insurance Company, appealed an order from the Supreme Court, Nassau County, which denied its motion for summary judgment on a complaint seeking a de novo determination of no-fault insurance benefits and, upon searching the record, awarded summary judgment to the defendant, Buffalo Neurosurgery Group. The case originated from a motor vehicle accident where Christopher Krull underwent spinal fusion surgery. The defendant, as Krull's assignee, submitted a claim for no-fault benefits, which Allstate denied. The matter proceeded through arbitration, with the master arbitrator affirming an award to the defendant. The Appellate Division modified the Supreme Court's order. It granted Allstate's motion for summary judgment on the grounds that the amount of benefits sought by the defendant was not in accordance with the workers' compensation fee schedule, and it deleted the provision awarding summary judgment to the defendant. The court affirmed the denial of Allstate's motion concerning the medical necessity of the surgery, stating Allstate failed to meet its prima facie burden on that issue. The order was affirmed as modified, with costs payable to the plaintiff.

no-fault insurance benefitsworkers' compensation fee schedulesummary judgmentmedical necessityde novo determinationarbitration awardappellate reviewspinal fusion surgeryinsurance law § 5106assignee claim
References
10
Case No. MISSING
Regular Panel Decision
Jul 27, 2018

Popat v. Levy

Plaintiff Saurin Popat, M.D., a doctor of African and Southeast Asian origin, filed a lawsuit alleging race and national origin discrimination, hostile work environment, and retaliation under Title VII, § 1981, § 1983, and the NYSHRL, along with tortious interference claims. The defendants include Elad Levy, M.D., The State University of New York at Buffalo, University at Buffalo School of Medicine and Biomedical Sciences, Kaleida Health, and University at Buffalo Neurosurgery, Inc. The plaintiff alleges Dr. Levy, who held multiple positions across these entities, created a hostile work environment through racially charged comments and retaliated against him by terminating his faculty position after a discrimination complaint. The court addressed motions to dismiss filed by the defendants. It found that UBNS and Kaleida could be considered 'joint employers' or acting 'under color of state law' for Title VII and § 1983 purposes, respectively, and that Dr. Levy could be liable under the NYSHRL as an aider and abettor. However, the University and the Medical School were granted dismissal of all claims due to Eleventh Amendment immunity, and certain tortious interference claims against UBNS and Kaleida were also dismissed due to insufficient pleading of an actual breach or injury.

Employment DiscriminationRace & National Origin DiscriminationHostile Work EnvironmentRetaliationTitle VII ClaimsSection 1981 ClaimsSection 1983 ClaimsNew York State Human Rights Law (NYSHRL)Tortious Interference with ContractTortious Interference with Business Relations
References
146
Case No. NO. 14-00-00976-CV
Regular Panel Decision
Jun 06, 2002

Henry Dalehite, Individually and as Independent of Virginia Dalehite Estate, Ellen Dalehite Wedell, Anne Dalehit Slitter, Charles R. Dalehite, and Henry Dalehit, III v. Haring J. Nauta, M.D.

The Appellants, the Dalehites, appealed a summary judgment granted in favor of Appellee Dr. Haring J. Nauta. The case stemmed from a wrongful death suit after Virginia Dalehite's death following an operation by Dr. Nauta. The University of Texas Medical Branch at Galveston (UTMB), initially a co-defendant, was dismissed due to governmental immunity. Dr. Nauta claimed immunity as a UTMB employee under the Texas Civil Practice and Remedies Code. The court affirmed the summary judgment, concluding that Dr. Nauta was an employee of UTMB based on his contractual agreement, salary, benefits, and role as chairman of neurosurgery. The argument that Dr. Nauta was an independent contractor because UTMB did not control medical details was rejected, upholding his entitlement to governmental immunity.

Governmental ImmunitySummary JudgmentEmployee StatusIndependent ContractorWrongful DeathMedical MalpracticeTexas Tort Claims ActAppellate ProcedureNeurosurgeon LiabilityUniversity System
References
17
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