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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

In Re Saint Vincent's Catholic Medical Centers

St. Vincents Catholic Medical Centers of New York, a Chapter 11 debtor, objected to a $48.75 million claim filed by the New York State Department of Labor under the N.Y. WARN Act. The core issue was whether the bankruptcy court or an administrative proceeding by the Department of Labor was the appropriate forum to liquidate this claim. The Department of Labor argued for its administrative proceeding, citing the 'police powers' exception to the automatic stay, and also requested a determination by the Commissioner on certain issues. The Debtors contended the bankruptcy court had jurisdiction due to the proof of claim being filed. The court found it had core jurisdiction to determine the allowance and amount of the claim, declining to defer to another forum, especially given multiple related WARN claims. The court also denied the Debtors' request for an injunction, stating it was not properly brought as an adversary proceeding.

BankruptcyChapter 11WARN ActJurisdictionClaim LiquidationAutomatic StayPolice Powers ExceptionInjunctionCore ProceedingProof of Claim
References
13
Case No. MISSING
Regular Panel Decision

Lutheran Medical Center v. Hereford Insurance

Maher Kiswani, a livery car driver, was injured in an automobile accident and received medical treatment from Lutheran Medical Center. Lutheran, as Kiswani's assignee, sought payment from Hereford Insurance Company, the no-fault carrier, which refused to pay. After an initial arbitration where the Workers' Compensation Board determined Kiswani was not injured in the course of employment (without Hereford's notice), a second arbitration awarded Lutheran no-fault benefits. The Supreme Court, Kings County, vacated this arbitration award, ruling that Hereford should have been notified of the Workers' Compensation Board hearing. The appellate court affirmed the Supreme Court's decision, holding that a party not afforded an opportunity to participate in a Board hearing is not bound by its determination.

Arbitration AwardNo-Fault InsuranceWorkers' Compensation BoardDue ProcessNotice RequirementsVacated Arbitration AwardAppellate ReviewLivery Car DriverAutomobile AccidentMedical Benefits
References
3
Case No. MISSING
Regular Panel Decision

ABC Medical Management, Inc. v. GEICO General Insurance

The case addresses whether a plaintiff-assignee medical equipment supplier can recover no-fault first-party benefits when a chiropractor, rather than a physician, issued the prescription. Defendant GEICO General Insurance Company moved for summary judgment, arguing that Education Law § 6551 prohibits chiropractors from prescribing such items. The court denied GEICO's motion, ruling that chiropractors are permitted to prescribe TENS units, thermophore devices, and similar medical supplies, as these do not constitute 'drugs or medicines' under the Education Law. Furthermore, the court found that GEICO failed to properly present its medical necessity defense and that the contested issues should be determined by a trier of fact.

No-Fault BenefitsChiropractic PrescriptionMedical EquipmentEducation Law § 6551Summary JudgmentMedical NecessityTENS UnitThermophoreCervical CollarLumbar Support
References
29
Case No. MISSING
Regular Panel Decision

Perez v. Brookdale University Hospital & Medical Center

Eulalia Perez was admitted to Brookdale University Hospital on November 16, 2010, and treated for various medical conditions before being discharged on December 7. She died two days later. Her family, Ivan and Irma Perez, sued Brookdale and other defendants, alleging a violation of the Emergency Medical Treatment and Active Labor Act (EMTALA) and state-law claims of wrongful death and negligence. The court granted Brookdale's motion for summary judgment on the EMTALA claim, determining that the hospital fulfilled its EMTALA duties once Mrs. Perez was stabilized, and any subsequent issues were outside the statute's scope. Consequently, the court declined to exercise supplemental jurisdiction over the state-law claims, leading to the dismissal of all claims against all parties.

EMTALAEmergency Medical Treatment and Active Labor ActMedical MalpracticeNegligenceWrongful DeathSummary JudgmentSupplemental JurisdictionPatient DumpingHospital DischargeFederal Question Jurisdiction
References
8
Case No. MISSING
Regular Panel Decision
Aug 10, 2012

Williams v. Woodhull Medical & Mental Health Center

Valerie E. Williams filed an action against Woodhull Medical and Mental Health Center and other defendants, alleging discrimination and retaliation under federal and state laws, including Title VII and 42 U.S.C. §§ 1981, 1983, 1985, and 1986. Magistrate Judge Lois Bloom issued a Report and Recommendation, advising to grant the defendants' motion for summary judgment on all claims. Plaintiff Williams filed objections to the R&R, particularly contesting the recommendation on her Title VII retaliation claim. District Judge Nicholas G. Garaufis, upon de novo review of the contested portions and clear error review of the uncontested, adopted the R&R in its entirety. The court granted summary judgment to the defendants, finding no genuine dispute of material fact regarding Williams's claims, specifically noting a lack of causal connection for retaliation and insufficient evidence for a hostile work environment or due process violations.

Employment DiscriminationTitle VII RetaliationSummary JudgmentProcedural Due ProcessHostile Work EnvironmentMedical Negligence AllegationsPublic Health LawHospital EmploymentMagistrate Judge ReviewFederal Rules of Civil Procedure 56
References
80
Case No. MISSING
Regular Panel Decision

Goldman v. Bank of New York (In Re Goldman)

Cecilia R. Goldman, a Chapter 7 debtor, sought to discharge her student loan obligation from The Bank of New York, guaranteed by NYSHESC, claiming undue hardship due to health issues and related medical expenses. NYSHESC objected, stating that the five-year repayment period had not elapsed and that repayment would not cause undue hardship. The court determined that despite her medical condition, Goldman was employed with a $17,000 annual salary, was single, had no dependents, and had discharged over $13,000 in other debts. The court concluded that Goldman failed to prove the 'hopelessness or exceptional circumstances' necessary for an undue hardship finding under 11 U.S.C. § 523(a)(8)(B), and consequently, her complaint was dismissed.

Student LoanBankruptcyUndue HardshipChapter 7DischargeabilityMedical ConditionFinancial HardshipGuaranteed LoanFederal Bankruptcy CodeDebtor-Creditor Law
References
6
Case No. CV-23-1692, CV-24-0559
Regular Panel Decision
Feb 06, 2025

In the Matter of the Claim of Kaydee Capers

Kaydee Capers, a registered nurse, sustained work-related injuries in August 2020, leading to a workers' compensation claim established for her right hand, wrist, and third finger. Her treating physician determined she reached maximum medical improvement with a 17.5% schedule loss of use (SLU) of the right wrist. The employer, Jacobi Medical Center, sought reimbursement for wages paid to Capers during her disability period, objecting to a proposed conciliation decision. The Workers' Compensation Board ultimately ruled that the employer was entitled to reimbursement, finding their request timely filed before a final SLU award was made, pursuant to Workers' Compensation Law § 25 (4) (c). Capers appealed this decision, arguing an abuse of discretion by the Board. The Supreme Court, Appellate Division, Third Judicial Department, affirmed the Board's amended decision, concluding that the employer's reimbursement request was indeed timely.

Workers' CompensationSchedule Loss of UseEmployer ReimbursementAdvance Wage PaymentsTimely FilingAppellate ReviewMedical ImpairmentMaximum Medical ImprovementDisability BenefitsWages Paid
References
5
Case No. 533038
Regular Panel Decision
Jun 23, 2022

In the Matter of the Claim of Danielle Sequino

Claimant Danielle Sequino sustained numerous work-related injuries in 2007, leading to a classification of permanently totally disabled in 2011. The employer and its carrier objected to multiple medical bills, with a Workers' Compensation Law Judge (WCLJ) sustaining these objections in April 2020. The Workers' Compensation Board largely upheld this decision but held objections related to colitis treatment in abeyance. On appeal, the claimant challenged the Board's denial of 26 medical bills based on a lack of causal relationship to established conditions. The Appellate Division found that both the WCLJ and the Board failed to provide adequate reasoning or an evidentiary basis for their determinations, thus precluding proper appellate review. As a result, the court modified the Board's decisions, reversed the ruling on causal relationship for the disputed medical bills, and remitted the matter for further proceedings and a detailed explanation of its findings.

Workers' CompensationMedical BillsCausal RelationshipAppellate ReviewRemittalPermanent Total DisabilityAdministrative LawEvidentiary RequirementsBoard DecisionsJudicial Review
References
10
Case No. ADJ7436407, ADJ1895040 (FRE 0238028)
Regular
Feb 04, 2015

Colleen Newby vs. Fresno Community Medical Center, St. Agnes Medical Center, State Compensation Insurance Fund

The Workers' Compensation Appeals Board denied Colleen Newby's Petition for Removal, upholding the denial of her petition to quash a Qualified Medical Evaluator (QME) request. The Board found that the prior employer, Fresno Community Medical Center, was authorized to file an application for adjudication of claim for Newby's subsequent employment with St. Agnes Medical Center. Crucially, the Board determined that a claim form is not a prerequisite for St. Agnes to request a QME panel in this specific scenario, where a second injury is claimed by a prior employer. Newby's due process claim was rejected as she had an opportunity to present her arguments on removal.

Petition for RemovalPetition to QuashQME RequestQualified Medical EvaluatorClaim FormDue ProcessAgreed Medical EvaluatorApplication for AdjudicationTemporary DisabilityPermanent Disability
References
1
Case No. MISSING
Regular Panel Decision

Hason v. Department of Health

The petitioner, a physician, sought review of a determination by the Administrative Review Board for Professional Medical Conduct (ARB) which suspended his medical license. The ARB's decision was based on a prior California Board finding that the petitioner's ability to practice medicine was impaired by mental illness (bipolar affective disorder and narcissistic personality disorder). The court upheld the ARB's finding of professional misconduct, applying collateral estoppel to the California determination. However, the court found the penalty imposed by the ARB—a one-year suspension "and thereafter until such time as [petitioner] can demonstrate his fitness to practice medicine"—was not authorized by Public Health Law § 230-a. Consequently, the court modified the determination by annulling the penalty and remitted the matter to the ARB for the imposition of a statutorily appropriate penalty.

Medical License SuspensionProfessional MisconductPsychiatric ImpairmentMental IllnessBipolar Affective DisorderNarcissistic Personality DisorderCollateral EstoppelArticle 78 ProceedingAdministrative ReviewPenalty Annulment
References
26
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