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

Case No. 2021 NY Slip Op 07401
Regular Panel Decision
Dec 23, 2021

Matter of Carola B.-M. v. New York State Off. of Temporary & Disability Assistance

Petitioners Carola B.-M. and Tiara M. challenged the denial of their supplemental nutrition assistance program (SNAP) benefits by the New York State Office of Temporary and Disability Assistance and the Orleans County Department of Social Services. The benefits were denied because they were deemed ineligible college students. The Appellate Division, Fourth Department, reversed this determination, holding that participation in the Adult Career and Continuing Education Services, Vocational Rehabilitation program (ACCES-VR) qualifies as a Job Training Partnership Act (JTPA) program. This status exempts the students from certain SNAP eligibility requirements. The court found that the original determination was based on an unreasonable interpretation of relevant regulations, annulled the decision, granted the petition, and remitted the case for a calculation of retroactive benefits.

SNAP benefitscollege student eligibilityJob Training Partnership ActACCES-VRvocational rehabilitationCPLR article 78regulatory interpretationpublic assistancefood stampsAppellate Division
References
28
Case No. MISSING
Regular Panel Decision

Quill v. Koppell

This case addresses the constitutionality of New York Penal Law §§ 125.15(3) and 120.30, which criminalize aiding suicide. Physician plaintiffs argue these laws violate the Due Process and Equal Protection Clauses of the Fourteenth Amendment when applied to physicians assisting mentally competent, terminally ill adults seeking to avoid severe suffering. Plaintiffs sought a preliminary injunction against the enforcement of these statutes. Defendants moved for dismissal. The court denied the plaintiffs' motion for preliminary injunction and granted the defendants' motion to dismiss, finding no fundamental liberty interest in physician-assisted suicide under the Due Process Clause and no violation of the Equal Protection Clause. The court reasoned that the state has legitimate interests in preserving life and can distinguish between refusing medical treatment and actively assisting suicide.

Physician-assisted suicideDue Process ClauseEqual Protection ClauseFourteenth AmendmentTerminal illnessRight to diePreliminary injunctionSummary judgmentCriminal statutesNew York Penal Law
References
16
Case No. 2020 NY Slip Op 06853
Regular Panel Decision
Nov 19, 2020

Fornabaio v. Beacon Broadway Co., LLC

Plaintiff Anthony Fornabaio, while attending a concert at a venue owned by Beacon Broadway Company, LLC, experienced a medical incident and refused assistance from Transcare EMTs. He subsequently fell and was injured. The Supreme Court denied summary judgment for Beacon and Transcare but granted Beacon's cross-claims against Sports & Entertainment Physicians, P.C. (SEP) for indemnification and breach of contract for failing to procure insurance. The Appellate Division modified this order, granting Beacon's and Transcare's motions to dismiss the complaint, reasoning that their duty to assist terminated when Fornabaio refused help. The court affirmed SEP's liability to Beacon, noting SEP's cross-claim against Transcare for indemnification was not moot.

Summary JudgmentPersonal InjuryNegligenceConcert VenueEMT ServicesRefusal of Medical AssistanceContractual IndemnificationBreach of ContractFailure to Procure InsuranceAppellate Review
References
2
Case No. MISSING
Regular Panel Decision
Jun 23, 1981

Claim of Sanginario v. County of Monroe Pure Waters Division

The Workers' Compensation Board denied medical fee payments to an intervenor-appellant for treatment provided to a claimant. The initial treatment for a right arm and shoulder injury was performed by a physician’s assistant not under the supervision of an authorized physician. Although the claimant received compensation benefits for disability, the Board refused to pay medical bills submitted by Dr. Choi, an orthopedic specialist associated with the intervenor. The court affirmed the Board's decision, emphasizing that the Workers' Compensation Law requires authorization for treatment providers and does not permit unsupervised care by physician's assistants. This ruling underscored the importance of statutory compliance regarding medical services reimbursement in workers' compensation cases.

Medical Fees DenialPhysician's Assistant SupervisionAuthorization for TreatmentWorkers' Compensation LawMedical Provider QualificationsStatutory ComplianceAppellate ReviewBoard Decision AffirmedMedical Service ReimbursementOrthopedic Injury
References
1
Case No. 533089
Regular Panel Decision
Oct 07, 2021

Matter of Barden v. General Physicians PC

Claimant, a patient services representative, sought to amend her workers' compensation claim to include left shoulder aggravation after a work-related injury to her right shoulder. The Workers' Compensation Board disallowed this request, finding that claimant failed to provide sufficient credible medical evidence to establish a causal relationship between her employment and the left shoulder condition. The Appellate Division, Third Department, affirmed the Board's decision. The court noted that the claimant's treating physician opined the left shoulder pathology was largely preexisting and unrelated to the work injury, and other medical opinions either lacked sufficient weight or were based on inaccurate information, providing no basis to disturb the Board's finding.

Workers' CompensationShoulder InjuryCausationMedical EvidencePreexisting ConditionAppellate ReviewBoard DecisionClaim AmendmentPatient Services Representative
References
10
Case No. MISSING
Regular Panel Decision
Apr 07, 1988

De Coste v. Champlain Valley Physicians Hospital

Decedent, Darwin A. De Coste, experienced chest pain and elevated blood pressure, leading him to Champlain Valley Physicians Hospital where he was seen by Dr. William Amsterlaw. Amsterlaw diagnosed reflux esophagitis despite an abnormal electrocardiogram, discharging De Coste, who subsequently suffered a fatal cardiopulmonary arrest 12 hours later. The administrator of De Coste's estate filed a wrongful death action, alleging medical malpractice and that the misdiagnosis was the proximate cause of death. A jury awarded pecuniary damages and funeral expenses, which the defendants appealed. The appellate court affirmed the verdict, finding rational support for the jury's malpractice finding and rejecting the defendants' argument to reduce the award by Social Security benefits due to the effective date of CPLR 4545 (c).

Medical MalpracticeWrongful DeathProximate CauseCollateral Source RuleCPLR 4545Jury VerdictEmergency Room CareMisdiagnosisArteriosclerosisMyocardial Infarction
References
3
Case No. 2020 NY Slip Op 00653 [179 AD3d 1412]
Regular Panel Decision
Jan 30, 2020

Matter of James v. Home Comfort Assistance, Inc.

Claimant Christina James sought workers' compensation benefits after sustaining a work-related ankle injury. The Workers' Compensation Law Judge established an employer-employee relationship and awarded benefits. Home Comfort Assistance, Inc. appealed this decision to the Workers' Compensation Board, but their application for review was denied due to incompleteness; specifically, referring to attached pages for the "Basis for Appeal" instead of providing the information directly on the form RB-89. Home Comfort then appealed the Board's denial to the Appellate Division, Third Department. The Appellate Division affirmed the Board's decision, ruling that the Board acted within its discretion by refusing to consider an application that did not fully comply with 12 NYCRR 300.13 (b) (1).

Workers' CompensationAppellate ReviewIncomplete ApplicationForm RB-89Administrative ReviewDiscretionary AuthorityProcedural ComplianceThird DepartmentEmployer-Employee RelationshipJurisdictional Defect
References
8
Case No. MISSING
Regular Panel Decision

Choi v. State

The petitioner, a physician, initiated a CPLR article 78 proceeding to challenge a determination by the Commissioner of Education to suspend his medical license. The charges of professional misconduct stemmed from prior findings by the Department of Social Services (DSS) and the Department of Health (DOH) regarding unacceptable patient care, inappropriate treatment, excessive testing, and operating a clinical laboratory without a permit. The Regents Review Committee, utilizing an expedited procedure, found the petitioner guilty of two specifications based on the DSS determination and recommended a two-year license suspension, with a partial stay and probation. The court affirmed the Commissioner's determination and dismissed the petition, rejecting the petitioner's arguments against the application of collateral estoppel, the propriety of the expedited procedure, and the claim of ineffective assistance of counsel in the preceding administrative hearings. The court also upheld the penalty imposed, deeming it not excessive or an abuse of discretion.

Professional MisconductPhysician License SuspensionCPLR Article 78Collateral EstoppelExpedited ProcedureIneffective Assistance of CounselDepartment of Social ServicesDepartment of HealthAdministrative LawProfessional Regulation
References
4
Case No. ADJ2745839 (AHM 0136320)
Regular
Dec 15, 2008

Linda Kiehlmeier vs. CALIFORNIA EMERGENCY PHYSICIAN, TRAVELERS ORANGE

This case involves a physician's assistant claiming cumulative industrial injuries from 2000-2006. The WCAB granted reconsideration to clarify temporary disability indemnity, affirming the finding of injury but amending the benefit period and rates for temporary total disability. The applicant will receive benefits starting January 1, 2008, with adjusted weekly amounts for different periods, crediting the defendant for benefits already paid.

Petition for ReconsiderationCumulative Industrial InjuryPhysician's AssistantTemporary DisabilityMaximum RatePanel QMEAquatic TherapyTempurpedic MattressRetroactive BenefitsReport and Recommendation
References
0
Case No. MISSING
Regular Panel Decision

Gooshaw v. Wing

A disabled adult, relying on SSI and workers' compensation, relocated his mobile home to an undeveloped plot in Cortland County after eviction, lacking essential utilities. Faced with building code violations, he sought emergency assistance from the Cortland County Department of Social Services (DSS) for property improvements. DSS denied his application, recommending alternative housing, a decision affirmed by the Office of Temporary and Disability Assistance, which reasoned that his needs were foreseeable and not a sudden catastrophe. The court upheld this denial, confirming that the requested capital improvements fell outside the scope of emergency assistance for adults (EAA), which is intended for unforeseen events. It was concluded that the application was correctly assessed under emergency safety net assistance, which permits considering cost-effective alternatives, and the determination was supported by substantial evidence.

Emergency AssistanceDisabled AdultSupplemental Security IncomeWorkers' Compensation BenefitsMobile HomeBuilding Code ViolationsCapital ImprovementsSocial Services LawForeseeabilityCatastrophic Emergency
References
2
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