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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

Gutierrez v. Henoch

Glennys Gutierrez, a former phlebotomist and medical assistant, brought an action against her co-worker Angelo Gelpi and employer Dr. Avraharn Henoch under Title VII, alleging sexual harassment and retaliatory termination. The case proceeded to a bench trial, where claims against Gelpi were dismissed. The court found Gutierrez's allegations of sexual harassment to be without merit, citing a lack of corroborative evidence and establishing that Gelpi was a co-worker, not a supervisor. Furthermore, the court determined that Gutierrez voluntarily resigned, contradicting her claim of retaliatory termination. Ultimately, the court resolved credibility issues in favor of the defendants and dismissed the complaint on the merits.

Sexual HarassmentRetaliationTitle VIIHostile Work EnvironmentQuid Pro QuoDiscriminationBench TrialEmployee MisconductEmployer LiabilityCo-worker Harassment

References

Case No. MISSING

Regular Panel Decision

Aug 11, 2003

Crosson v. Jamaica Hospital Medical Center

The plaintiff, an employee of Jamaica Hospital Medical Center, sustained a needle stick injury at work and subsequently alleged negligence by a phlebotomist while receiving a blood test at the Hospital's emergency room. After obtaining workers' compensation benefits for her injuries, the plaintiff initiated a medical malpractice action against the Hospital. The Hospital moved for summary judgment, asserting that Workers’ Compensation Law § 29 (6) provided the exclusive remedy, a motion which the trial court granted. The Supreme Court, Appellate Division, Queens County, affirmed this decision, concluding that because the medical treatment was sought and arranged as a direct result of a work-related incident and was part of the Hospital's protocol for injured employees, the Workers' Compensation Law indeed constituted the plaintiff's sole available remedy.

Medical MalpracticeExclusive Remedy DoctrineSummary JudgmentAppellate AffirmationEmployer LiabilityEmergency Room NegligenceWork-Related InjuryWorkers' Compensation PreclusionJudicial ReviewHospital Protocol

References

Case No. 535283

Regular Panel Decision

Dec 14, 2023

In the Matter of the Claim of Racheal Brown

Claimant Racheal L. Brown, a phlebotomist, appealed two decisions by the Workers' Compensation Board. Initially, her claim for right wrist tendonitis was established as an occupational disease, but right carpal tunnel syndrome was disallowed. Claimant later sought to amend her claim to include consequential right carpal tunnel syndrome after surgery, which the WCLJ initially allowed but the Board subsequently disallowed. The Board also deemed her rebuttal application deficient. This appellate court affirmed the Board's decision, finding no abuse of discretion in rejecting the rebuttal for incompleteness and concluding that substantial evidence supported the Board's denial of the consequential carpal tunnel syndrome claim, as claimant failed to establish a causal connection by competent medical evidence. The court also affirmed the Board's modification of the degree of disability to mild, based on established conditions.

Workers' CompensationOccupational DiseaseCarpal Tunnel SyndromeRight Wrist TendonitisCausal RelationshipAppellate ReviewBoard DecisionsDisability RateMedical EvidenceAdministrative Review

References

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Gutierrez v. Henoch

Sexual HarassmentRetaliationTitle VIIHostile Work EnvironmentQuid Pro QuoDiscriminationBench TrialEmployee MisconductEmployer LiabilityCo-worker Harassment

Crosson v. Jamaica Hospital Medical Center

In the Matter of the Claim of Racheal Brown

Workers' CompensationOccupational DiseaseCarpal Tunnel SyndromeRight Wrist TendonitisCausal RelationshipAppellate ReviewBoard DecisionsDisability RateMedical EvidenceAdministrative Review