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

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. MISSING
Regular Panel Decision

Liberty USA Corp. v. Buyer's Choice Insurance Agency LLC

Liberty USA Corporation sued Buyer's Choice Insurance Agency LLC and Terry S. Jacobs for $183,333.00 due on a Promissory Note. Defendants, after removing the case to federal court in the Southern District of New York, moved to dismiss or transfer venue. The central issue was conflicting forum selection clauses in the Promissory Note (New York) and an Asset Purchase Agreement (Ohio), both part of the same transaction. Applying contract interpretation principles from both New York and Ohio law, the court determined the Asset Purchase Agreement's Ohio forum selection clause superseded the Promissory Note's clause. Lacking statutory authority to transfer to a state court, the federal court granted the Defendants' motion to dismiss without prejudice.

Forum Selection ClausePromissory NoteAsset Purchase AgreementSubject Matter JurisdictionPersonal JurisdictionTransfer of VenueDiversity JurisdictionContract InterpretationOhio LawNew York Law
References
26
Case No. MISSING
Regular Panel Decision

Sibley v. Choice Hotels International, Inc.

Plaintiff Trecia Lorelle Sibley sued Choice Hotels International, Inc. and the Ratan Defendants (Ratan Group Hotel LLC, Mahesh M. Ratanji, Khozem Kharawalla) for personal injury after allegedly being bitten by bed bugs at a hotel. Magistrate Judge Arlene R. Lindsay recommended denying Plaintiff's motion for default judgment against the Ratan Defendants and granting their motion to vacate default. The Court adopted Judge Lindsay's R&R, finding the Ratan Defendants' default was not willful, Plaintiff was not prejudiced, and a meritorious defense existed. Consequently, Plaintiff's motion for default judgment was denied, and the Ratan Defendants' motion to vacate was granted. Additionally, Plaintiff's motion to strike Choice Hotels' affirmative defenses was denied, but her motion to strike Choice Hotels' responses pleading lack of knowledge was granted in part, deeming some allegations admitted and allowing repleading for another.

Default judgmentMotion to vacate defaultMotion to strikePleading standardsAffirmative defensesRule 55(a)Rule 55(c)Rule 12(f)Rule 8(a)(2)Rule 8(c)
References
37
Case No. ADJ9525302
Regular
Oct 10, 2019

JUAN PABLO ROJAS vs. JTK TEXTILE, CALIFORNIA INSURANCE GUARANTIEE ASSOCIATION (CIGA)

The Workers' Compensation Appeals Board granted the defendant's petition for reconsideration, amending a prior order. The Board deferred the adjudication of the lien filed by First Choice Healthcare Medical Group. This deferral is due to evidence that the physician associated with First Choice was indicted for workers' compensation fraud, triggering a potential stay under Labor Code section 4615. The case is returned to the trial level to be heard as part of consolidated proceedings addressing the section 4615 stay issue for First Choice liens.

Workers' Compensation Appeals BoardCIGAliquidationindependent bill reviewRequests for Authorizationprimary treating physicianPetition for ReconsiderationlienfraudLabor Code section 4615
References
8
Case No. MISSING
Regular Panel Decision

Tesillo v. Emergency Physician Associates, Inc.

Manuel Tesillo sued Emergency Physician Associates, Inc. (EPA) for medical malpractice, alleging vicarious liability for the negligence of Dr. William C. Shepherd, an emergency physician at Schuyler Hospital. EPA moved for summary judgment, arguing Dr. Shepherd was an independent contractor. The court found material issues of fact regarding the extent of EPA's control over Dr. Shepherd and its managerial obligations to the Emergency Department, which could establish an employer-employee relationship despite contractual terms. Consequently, the court denied EPA's motion for summary judgment, indicating that the determination of Dr. Shepherd's employment status requires further discovery and possibly a trial.

Medical MalpracticeVicarious LiabilityRespondeat SuperiorIndependent ContractorAgency by EstoppelSummary JudgmentPhysician NegligenceEmergency DepartmentControl TestMaterial Issues of Fact
References
18
Case No. ADJ3908100 (FRE 0232929) ADJ716050 (FRE 0232930)
Regular
May 02, 2013

HORTENCIA MATA-KLINE vs. SAVEMART SUPERMARKETS, Permissibly Self-Insured

Here's a summary for a lawyer: The Workers' Compensation Appeals Board granted reconsideration regarding a disallowed lien claim by Schroeder Chiropractic North (SCN). The original decision disallowed SCN's lien, in part due to a statute of limitations issue on one injury, and because SCN failed to prove it was the authorized primary treating physician. The Board found the WCJ's reasoning unclear regarding SCN's status as an authorized physician and the applicant's treatment choices under Labor Code sections 4600 and 4601, especially concerning Medical Provider Networks. Therefore, the matter was returned to the trial level for redetermination with a clearer explanation of the facts and law.

Lien claimantReconsiderationPrimary treating physicianAuthorized treating physicianMedical provider networkLabor Code section 4600Labor Code section 4601Statute of limitationsCompromise and ReleaseIndustrial injuries
References
1
Case No. MISSING
Regular Panel Decision

Ethelberth v. Choice Security Co.

Plaintiff Onyenaemeka Ethelberth sued his former employer, Choice Security Company and its president, George Omogun, for unpaid wages and overtime under the FLSA and New York Labor Law, along with common law claims for breach of contract and unjust enrichment. Defendants cross-moved for summary judgment. The Court granted partial summary judgment to Ethelberth on his status as an employee and Omogun's individual liability under the FLSA, and for overtime compensation under the NYLL. However, the Court granted summary judgment to Defendants on individual FLSA coverage and dismissed Ethelberth's claims for unpaid wages under NYLL Article 6 and breach of contract. Claims regarding enterprise FLSA coverage, willfulness of FLSA violation, and unjust enrichment will proceed to trial.

Fair Labor Standards ActNew York Labor LawOvertime CompensationUnpaid WagesIndependent Contractor StatusEmployer LiabilitySummary JudgmentEconomic Reality TestStatute of LimitationsEnterprise Coverage
References
52
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
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