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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

Main Evaluations, Inc. v. State

The claimant, Main Medical Evaluations, entered into contracts with the New York State Office of Temporary and Disability Assistance (OTDA) to perform consultative medical evaluations. OTDA terminated these contracts, alleging the claimant failed to disclose professional disciplinary proceedings against its chief medical officer, Arvinder Sachdev, and submitted false information during the bidding process. Following the dismissal of its claim in the Court of Claims, the claimant appealed. The appellate court affirmed the lower court's judgment, concluding that OTDA had legitimate grounds for termination due to the claimant's misrepresentations and failure to report substantial contract-related issues concerning Sachdev's integral role. Additionally, the court rejected the claimant's equal protection argument, finding no evidence of selective enforcement based on impermissible considerations.

Contract TerminationProfessional MisconductFalse RepresentationEqual ProtectionGovernment ContractsAppellate ReviewBreach of ContractMedical LicensingAdministrative ProceedingsDue Diligence
References
5
Case No. MISSING
Regular Panel Decision

Davis v. Medical Evaluation Specialists, Inc.

Justice Wilson dissents from the majority's decision on a motion for rehearing, arguing that the majority improperly considered non-evidence and engaged in speculation. The dissent contends that Lennie Davis's controverting affidavit by Dr. Bergeron, which stated a 17% impairment rating compared to the defendants' 0%, was conclusory and insufficient to establish bad faith by Medical Evaluation Specialists, Inc., Dr. DeFrancesco, and Dr. Dozier. Justice Wilson believes that the affidavit failed to meet the objective 'no reasonable doctor' standard for controverting good faith, and therefore, the trial court's summary judgment in favor of the defendants should have been affirmed based on official immunity.

Summary JudgmentOfficial ImmunityGood FaithImpairment RatingMedical AffidavitConclusory StatementsTexas Workers' Compensation ActAppellate ReviewDissenting OpinionPermanent Disability
References
7
Case No. MISSING
Regular Panel Decision

55th Management Corp. v. Goldman

This case addresses whether an out-of-court statement made to a court evaluator in an Article 81 guardianship proceeding is protected by absolute privilege, thereby defeating a defamation claim. The defendant, a tenant, made allegedly defamatory remarks about a landlord to a court evaluator during the evaluator's investigation for a guardianship proceeding. The court considered if the remarks were pertinent, if a statement to a court evaluator is considered part of a judicial proceeding, and if the speaker had standing. The court found the remarks pertinent, extended the absolute privilege to statements made to court evaluators given their role as court agents, and affirmed the defendant's standing as a potential witness. Consequently, the defendant's motion to dismiss the defamation complaint was granted.

DefamationAbsolute PrivilegeJudicial ProceedingsCourt EvaluatorGuardianshipMental Hygiene Law Article 81Tenant-Landlord DisputeMotion to DismissCPLR 3211 (a) (7)Scope of Privilege
References
44
Case No. ADJ10845468
Regular
Jan 02, 2018

RICHARD JOSEPH NOWAK vs. PACIFIC ARCHITECTURAL ENGINEERING, ACE AMERICAN INSURANCE COMPANY, ESIS, INC.

The defendant seeks reconsideration of a prior award of temporary disability benefits. They argue that a newly discovered PR-4 report from the applicant's primary treating physician, Dr. Yoshida, establishes the applicant's condition as permanent and stationary as of August 23, 2017. The Appeals Board granted reconsideration, rescinded the original award, and returned the matter to the judge for further proceedings. This is due to the receipt of the PR-4 report after the initial hearing, which qualifies as newly discovered evidence that was not available for the judge's consideration.

Petition for ReconsiderationPermanent and StationaryTemporary Disability IndemnityNewly Discovered EvidencePrimary Treating PhysicianPR-4 ReportLumbar Spine InjuryExpedited HearingCardiac SurgeryAnticoagulant Therapy
References
5
Case No. ADJ9725603
Regular
Nov 23, 2020

LUZ LOZA vs. GOLDBLATT GOLDBLATT/BAY AREA RESTAURANT MANAGEMENT, ARCH INSURANCE COMPANY, administered by YORK RISK SERVICES GROUP, INC.

The Workers' Compensation Appeals Board granted reconsideration of an administrative law judge's order finding the applicant entitled to pre-authorization for their treating physician to issue a PR-4 report at the medical-legal billing rate. While affirming the applicant's right to obtain the report, the Board clarified that the defendant retains the right to object to or raise defenses regarding the physician's billing. The Board reasoned that treating physicians are permitted to provide comprehensive medical-legal evaluations, and such reports are governed by specific medical-legal fee schedules, not the Official Medical Fee Schedule.

PR-4 reportmedical-legal billing ratepre-authorizationprimary treating physician (PTP)Qualified Medical Evaluator (QME)comprehensive medical evaluationOfficial Medical Fee SchedulePetition for ReconsiderationFindings of Fact and Order (F&O)Labor Code
References
3
Case No. 2023 NY Slip Op 02305 [216 AD3d 630]
Regular Panel Decision
May 03, 2023

Lochan v. H & H Sons Home Improvement, Inc.

Ashram Lochan sued H & H Sons Home Improvement, Inc., 82 S 4 Associate Limited Liability Company, and Hassan Haghanegi for personal injuries sustained from falling off an unsecured ladder while painting, alleging Labor Law violations. The Supreme Court granted the plaintiff's motion for summary judgment on liability against 82 S 4 Associate Limited Liability Company and, in effect, searched the record to award summary judgment against Hassan Haghanegi, denying the defendants' cross-motion to dismiss. The Appellate Division modified the order by deleting the award of summary judgment against Hassan Haghanegi, finding it improperly searched the record. However, it affirmed the grant of summary judgment against 82 S 4 Associate Limited Liability Company, concluding the plaintiff established a prima facie case and defendants failed to raise a triable issue. The court also affirmed the denial of the defendants' cross-motion, ruling they failed to establish the plaintiff was the sole proximate cause, a recalcitrant worker, or a volunteer.

Ladder AccidentPersonal InjurySummary JudgmentAppellate ReviewLabor Law § 240(1)Sole Proximate CauseRecalcitrant Worker DefenseUnsecured LadderConstruction Site SafetyWorker Fall
References
18
Case No. ADJ10788598
Regular
Jul 19, 2019

Shanai King vs. Food 4 Less

This case involves a claimant alleging a psychiatric injury due to workplace stress. The administrative law judge (WCJ) denied the claim, finding the applicant's testimony not credible and the medical evaluations insufficient. The Appeals Board granted reconsideration, rescinded the WCJ's findings, and returned the case for further proceedings. This decision stems from deficiencies in the medical evaluator's analysis of causation, conflating injury causation with permanent disability causation, and the need to develop the medical record.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings of Fact and OrderPsyche InjuryQualified Medical EvaluatorIndustrial CausationPredominant CauseGood Faith Personnel ActionSubstantial EvidenceMedical Opinion
References
7
Case No. MISSING
Regular Panel Decision

Access 4 All, Inc. v. Trump International Hotel & Tower Condominium

Plaintiffs Access 4 Al, Inc., a non-profit representing disabled persons, and Peter Spalluto, a quadriplegic using a wheelchair, sued Trump International Hotel and Tower Condominium under Title III of the ADA. They sought a declaratory judgment and an injunction for ADA-mandated alterations, alleging discrimination due to inaccessible facilities during Spalluto's 2004 stay. Defendant moved to dismiss or for summary judgment. The Court found Spalluto demonstrated a plausible intention to return to Trump Tower, establishing his standing. However, the Court dismissed Access 4 Al's claims, finding them identical to Spalluto's and citing prudential limitations on associational standing, while denying the defendant's motion against Spalluto.

Americans with Disabilities ActADAStandingInjunctive ReliefSummary JudgmentMotion to DismissAccessibility GuidelinesADAAGQuadriplegiaWheelchair User
References
53
Case No. ADJ6860472
Regular
Feb 11, 2011

MARINA ALVAREZ vs. 4 YOU APPAREL, INC., THE HARTFORD, Employers Compensation Insurance Company (ECIC)

The Workers' Compensation Appeals Board granted The Hartford's Petition for Removal to address procedural issues before trial. A new defendant, ECIC, was joined late, preventing adequate discovery and participation. Additionally, Hartford has not yet received a qualified medical evaluator panel for psychiatric evaluations due to a defective request. Consequently, the trial was redesignated as a priority conference, and the case will be rescheduled for trial once discovery is complete.

Petition for RemovalWorkers' Compensation Appeals BoardQualified Medical EvaluatorsAgreed Medical EvaluatorJoinder of partyCumulative traumaMandatory Settlement ConferenceLabor Code section 5500.5(c)Priority conferenceMedical Unit
References
2
Case No. 2016-03-0413
Regular Panel Decision
Oct 05, 2017

Dodson, Deborah v. LHC Group

Deborah Dodson, an employee of LHC Group, injured her left ankle and right knee in May 2015. She underwent knee surgery and was placed at maximum medical improvement by Dr. Johnson. She later developed small fiber neuropathy, and despite a referral, faced difficulties obtaining a neurologic impairment evaluation. The Court granted Ms. Dodson's request for a neurologic impairment evaluation, either by Dr. Butler or another neurologist, referring Dr. Butler to the Penalty Program for failure to provide an impairment opinion. However, the Court denied her claim for additional temporary total disability benefits, finding she reached MMI on March 23, 2017, when Dr. Butler ceased active treatment.

Workers' CompensationNeurologic Impairment EvaluationTemporary Total Disability BenefitsMaximum Medical ImprovementSmall Fiber NeuropathyPain ManagementExpedited HearingMedical TreatmentImpairment RatingPenalty Program
References
3
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