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Case Law Database

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

Case No. MISSING
Regular Panel Decision
Jul 03, 2003

Claim of Dinneny v. Phoenicia Fire District

In February 1994, a volunteer firefighter for the Phoenicia Fire District was injured after falling on ice. Initial total disability payments were rescinded by the Workers' Compensation Board in 1996. The claimant then filed a new claim asserting posttraumatic stress disorder (PTSD) as a result of the 1994 injury. The Board denied this claim in 2003, determining that the PTSD was not causally related to the 1994 accident but rather to a separate violent attack in 1995. The Appellate Division affirmed the Board's decision, concluding it was supported by substantial evidence and that the Board properly assessed conflicting medical testimony.

Volunteer FirefighterPTSDCausal RelationshipMedical TestimonySubstantial EvidenceWorkers' Compensation BoardAppealDisability BenefitsFirefighter InjuryRescinded Benefits
References
4
Case No. 13-ev-3288; 13-cv-4244
Regular Panel Decision

Alzheimer's Disease Resource Center, Inc. v. Alzheimer's Disease & Related Disorders Ass'n

This case involves two related lawsuits stemming from the disaffiliation of the Alzheimer’s Disease Resource Center, Inc. (ADRC) from the Alzheimer’s Disease and Related Disorders Association (the Association). In case 13-ev-3288, ADRC alleged unfair competition, false advertising, and other claims. The Court denied dismissal for false advertising under the Lanham Act, New York General Business Law § 349, and unjust enrichment, but granted dismissal for trademark infringement, common law unfair competition, UCC violations, conversion, tortious interference, and fraud. In case 13-cv-4244, ADRC alleged breach of contract and misappropriation of trade secrets related to donor lists. The Court granted the Association's motion to dismiss this complaint in its entirety. Punitive damages were stricken for Lanham Act and unjust enrichment claims.

Unfair CompetitionLanham ActFalse AdvertisingTrademark InfringementNew York General Business Law § 349Unjust EnrichmentMotion to DismissBreach of ContractTrade Secret MisappropriationConversion
References
55
Case No. MISSING
Regular Panel Decision

Cantelmo v. New York State Comptroller

The petitioner, a police officer for the Port Authority of New York and New Jersey, applied for performance of duty and accidental disability retirement benefits, including World Trade Center accidental disability benefits, following diagnosis of posttraumatic stress disorder (PTSD) related to the September 11, 2001, attacks. Respondent Comptroller denied the applications, concluding the petitioner was not permanently disabled. Conflicting medical evidence was presented, with the petitioner's experts diagnosing permanent PTSD disability and the Retirement System's psychiatrist diagnosing a treatable major depressive disorder. The court affirmed the Comptroller's determination, stating that the Comptroller has the authority to resolve conflicts in medical evidence and that the Retirement System's expert provided a rational and fact-based opinion, thus supporting the determination with substantial evidence.

Disability Retirement BenefitsPolice OfficerPTSDWorld Trade Center AttackComptroller's DeterminationMedical Evidence ConflictPermanent IncapacityPsychiatric EvaluationArticle 78 ProceedingNew York State and Local Police and Fire Retirement System
References
6
Case No. 2015-01-0098
Regular Panel Decision
Aug 01, 2016

Johnson, Joshua v. Family Dollar Stores, Inc.

This expedited hearing concerned Joshua Johnson's request for payment of past and ongoing psychiatric treatment for Post-Traumatic Stress Disorder (PTSD), which he attributed to a workplace stabbing incident. The employer, Family Dollar Stores, Inc., contended that Mr. Johnson's treating physician, Dr. Phillip Smith, never referred him for psychiatric care as required by law, and that medical records did not substantiate his claims of reporting PTSD symptoms. The Court found Mr. Johnson's testimony regarding his symptoms lacked credibility due to inconsistencies with medical records that indicated a pre-existing PTSD condition. Although Dr. Erica Skidmore, a psychologist Mr. Johnson consulted independently, diagnosed him with PTSD related to the incident, her opinion was deemed unreliable because Mr. Johnson failed to disclose his pre-existing PTSD during her evaluation. Consequently, the Court denied Mr. Johnson's request for medical benefits for psychiatric treatment, concluding he was unlikely to prevail on the merits.

PTSDWorkers' CompensationExpedited HearingMedical BenefitsPsychiatric TreatmentCausationPre-existing ConditionCredibilityEmployee TestimonyMedical Records
References
6
Case No. MISSING
Regular Panel Decision

Matter of John Z.

This case involves an appeal from an order recommitting the respondent to petitioner's custody due to a dangerous mental disorder. The respondent, with a history of multiple killings and a prior finding of not guilty by reason of mental disease or defect, had his parole revoked after exhibiting aggressive and threatening behavior upon conditional release. The Supreme Court determined he suffered from Antisocial Personality Disorder with narcissistic and paranoid features, which was deemed a dangerous mental disorder justifying civil confinement under CPL 330.20. The appellate court affirmed, rejecting the argument that the diagnosis was legally insufficient and upholding the finding of current dangerousness based on expert testimony, the respondent's history of violence, and his lack of insight into his condition.

dangerous mental disordercivil confinementantisocial personality disordernarcissistic featuresparanoid featuresCPL 330.20recommitmentmental illnessparole revocationexpert testimony
References
10
Case No. MISSING
Regular Panel Decision
Jan 10, 2013

Claim of Launer v. Euro Brokers

The claimant, a former corporate bond broker, developed posttraumatic stress disorder (PTSD) after the September 11, 2001 attacks at the World Trade Center. He filed a workers' compensation claim, which was established for PTSD, and was initially granted reduced earnings benefits. However, the employer and its workers’ compensation carrier appealed this decision. A panel of the Workers’ Compensation Board and subsequently the full Board determined that the claimant's reduction in earnings was not causally related to his compensable PTSD. The appellate court affirmed the Board's decision, finding substantial evidence to support that the claimant's reduced earnings were not due to his disability, particularly given his continued engagement in his profession for over seven years post-9/11 and the lack of medical opinion stating he was incapable of performing his job due to PTSD-related concentration issues.

PTSD9/11Reduced EarningsPermanent Partial DisabilityWorkers' CompensationCausal RelationshipMedical OpinionIndependent Medical ExaminationAppellate ReviewBoard Decision
References
8
Case No. MISSING
Regular Panel Decision

Claim of Zucker v. Port Authority of New York & New Jersey

The claimant sought workers' compensation benefits for smoke inhalation and posttraumatic stress disorder (PTSD) stemming from the February 1993 World Trade Center bombing. While a Workers' Compensation Law Judge initially established the claim, the Workers’ Compensation Board later denied the PTSD claim as time-barred. The appellate court affirmed the Board's decision, noting that the claim was filed more than two years after the injury, exceeding the statutory limit. The court also determined that the employer's actions, such as crediting sick leave or offering voluntary group therapy, did not constitute advance payments in recognition of liability to waive the time-bar. Furthermore, the court found the PTSD to be a direct injury, not consequential, thus upholding the application of the two-year statute of limitations.

Workers' CompensationStatute of LimitationsTime-Barred ClaimPosttraumatic Stress Disorder (PTSD)World Trade Center BombingAdvance PaymentsWaiverDirect InjuryNew York LawAppellate Decision
References
16
Case No. MISSING
Regular Panel Decision
Jan 08, 2002

Claim of Palma v. New York City Department of Corrections

The claimant, a Vietnam veteran and former correction officer, sustained injuries in 1975 and was awarded workers' compensation benefits. His case was later reopened to address consequential posttraumatic stress disorder (PTSD), but a Workers' Compensation Law Judge (WCLJ) and the Board attributed his PTSD to his Vietnam service, not his employment assault. Claimant's subsequent application for a rehearing and/or reopening of the claim, based on new psychiatric reports from 1999 and 2000, was denied by the Board on January 8, 2002. The Board concluded that the claimant failed to demonstrate the medical evidence was unavailable earlier or indicated a change in his psychiatric condition. This appeal challenged the Board's denial of the rehearing application, rather than the underlying PTSD claim. The court affirmed the Board's decision, finding no arbitrary, capricious, or abusive discretion in the denial of the application.

Workers' CompensationAppealRehearingReopening ClaimPosttraumatic Stress Disorder (PTSD)Correction OfficerVietnam VeteranMedical EvidenceAbuse of DiscretionArbitrary and Capricious
References
3
Case No. 526849
Regular Panel Decision
Dec 20, 2018

Vergine v. Phillips

In this appeal, plaintiffs Joanne Vergine and her husband challenged the Supreme Court's decision to deny their cross-motion to amend their bill of particulars to include posttraumatic stress disorder (PTSD) as a serious injury and to grant defendant's motion for summary judgment, dismissing the complaint. The central issue was whether a licensed clinical social worker (LCSW) is competent to diagnose PTSD for purposes of establishing a serious injury under Insurance Law § 5102 (d). The Appellate Division, Third Department, reversed the Supreme Court's order, concluding that an LCSW is indeed competent to render such an opinion. The court found that the LCSW's affidavit presented a genuine issue of material fact regarding Vergine's causally-related PTSD, thus warranting the denial of defendant's summary judgment motion and the granting of plaintiffs' cross-motion to amend.

PTSD diagnosisserious injury claimautomobile accident liabilitysummary judgment motionlicensed clinical social worker competencepsychological injurymedical evidenceappellate procedureInsurance Law § 5102(d)mental health professional
References
9
Case No. 2017-03-0186
Regular Panel Decision
Sep 05, 2017

Sexton, Caitlyn v. Bad Daddy's Burger Bar

Caitlyn Sexton, a bartender/server for Bad Daddy's Burger Bar, was assaulted by a customer while on a smoke break outside the restaurant. The customer, girlfriend of a Bad Daddy's cook, had reportedly harassed Sexton earlier. Sexton reported the incident to her supervisor and sought treatment for post-traumatic stress disorder (PTSD) from Dr. Glenn Peterson, who attributed her PTSD directly to the assault. The employer contested compensability, but the Court applied the street-risk doctrine, concluding that Sexton's injury was work-related. The Court ordered Bad Daddy's to pay initial medical bills and authorize ongoing treatment for Sexton's injuries.

Assault in WorkplacePTSDStreet-Risk DoctrineWorkers' Compensation JudgeMedical Expense ReimbursementAuthorized Medical TreatmentEmployment-Related InjuryCausation StandardTennessee LawExpedited Hearing
References
12
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