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

Case No. ADJ9519629
Regular
Feb 16, 2018

Ranjit Sidhu vs. Selma Unified School Distict, Tristar

The Workers' Compensation Appeals Board (WCAB) dismissed the applicant's petition for reconsideration of procedural orders as they were not final decisions. The WCAB granted removal concerning the order for personal appearance of the applicant's attorney, rescinding it due to potential prejudice to the sole practitioner. However, the WCAB denied the petition to disqualify the judge, finding no evidence of bias.

Workers' Compensation Appeals BoardRanjit SidhuSelma Unified School DistrictTristarExpedited HearingMandatory Settlement ConferencePetition for ReconsiderationPetition for RemovalPetition for DisqualificationWCJ Bias
References
9
Case No. ADJ4137704 (ANA 0343896) ADJ3434427 (ANA 0343894)
Regular
May 25, 2010

CATHY HOLDEN vs. STATE OF CALIFORNIA, DEPARTMENT OF MENTAL HEALTH-METROPOLITAN STATE HOSPITAL, Legally Uninsured, STATE COMPENSATION INSURANCE FUND/STATE CONTRACT SERVICES, Adjusting Agency

This case involves denied reconsideration of a Workers' Compensation Appeals Board order. The Board affirmed the finding that the applicant was entitled to Soma and Valium based on her physician's opinion. Additionally, the Board upheld the appointment of a Nurse Practitioner to coordinate the applicant's complex medication regimen and aid in cost reduction. Defendant's arguments regarding due process, utilization review, and the physician's opinion were rejected.

Workers' Compensation Appeals BoardLegally UninsuredState Compensation Insurance FundAdjusting AgencyReconsideration DeniedMedical OpinionPain ManagementNurse Case ManagerUtilization ReviewPre-Trial Conference Statement
References
0
Case No. MISSING
Regular Panel Decision
Sep 13, 2005

Murphy v. Mt. Sinai Hospital

Claimant, a nurse practitioner employed by Mt. Sinai Hospital, suffered injuries in a traffic accident while attending a continuing education conference. A Workers’ Compensation Law Judge ruled the injuries compensable, a decision affirmed by the Workers’ Compensation Board. The employer and its carrier appealed, arguing the travel was not compensable. The court affirmed the Board’s decision, finding substantial evidence that the employer encouraged and benefited from the claimant's attendance, citing a supervisor's strong encouragement and paid conference days.

Nurse PractitionerContinuing EducationEmployment InjuriesTraffic AccidentTravel CompensationEmployer BenefitMandatory AttendanceAppellate DecisionSubstantial EvidenceWorkers' Compensation Board
References
2
Case No. MISSING
Regular Panel Decision

La Barge v. Haven of Schenectady, Inc.

A plaintiff, who received counseling from a not-for-profit corporation after her husband's suicide, sought access to her counseling records, which the defendant refused to provide. The plaintiff commenced an action, contending the defendant was obligated to release the records under Mental Hygiene Law § 33.16 or Public Health Law §§ 17 and 18. The defendant moved to dismiss the complaint for failure to state a cause of action. The court ruled that the defendant did not qualify as a "facility," "hospital," or "health care practitioner" under the cited statutes, making them inapplicable. Consequently, the defendant's motion was granted, and the plaintiff's complaint was dismissed.

Motion to DismissPatient RecordsMental Hygiene LawPublic Health LawAccess to RecordsStatutory InterpretationNot-for-ProfitCounseling ServicesSuicide BereavementLegal Precedent
References
2
Case No. MISSING
Regular Panel Decision
Sep 01, 1995

In re Jennifer Q.

The Family Court in Bronx County found the appellant guilty of neglect for acquiescing in the excessive corporal punishment inflicted by the mother on two of the six resident children. Consequently, the appellant's three biological children were placed with the Commissioner of Social Services for 12 months. This finding was supported by out-of-court statements from the children, corroborated by a pediatric nurse practitioner and a Child Welfare Administration worker. A prior neglect finding against the mother and appellant was considered, and the court ruled that evidence of physical abuse to other children was not required to support the finding of derivative abuse. The order of disposition was unanimously affirmed.

Child NeglectCorporal PunishmentFamily Court DecisionChild WelfareDerivative NeglectCorroboration of StatementsSocial Services PlacementParental AcquiescenceAppellate AffirmationJudicial Review
References
6
Case No. MISSING
Regular Panel Decision

Naughright v. Weiss

Plaintiff Jamie A. Naughright sued Donna Karan Weiss, Urban Zen, LLC, and Stephen M. Robbins for negligent misrepresentation, negligence, fraud, medical malpractice, battery, and failure to obtain consent. Naughright alleged she suffered severe injuries from "healing services" provided by Robbins, an unlicensed practitioner, whom the Karan Defendants had promoted as a qualified physician. The court granted the motion to dismiss the negligent misrepresentation claim against the Karan Defendants and dismissed part of the fraud claim against Robbins due to insufficient pleading of time and place. However, the claims for negligence, medical malpractice, battery, and failure to obtain consent against Robbins were allowed to proceed.

Motion to DismissNegligent MisrepresentationNegligenceFraudMedical MalpracticeBatteryLack of Informed ConsentFederal Rules of Civil ProcedurePersonal InjuryUnlicensed Practitioner
References
63
Case No. CV-25-0026
Regular Panel Decision
Feb 11, 2026

Matter of Hummer v. Riccelli Enters., Inc.

Claimant Robert William Hummer, who had a prior back injury, alleged a new lower back injury in 2022 while working for Riccelli Enterprises, Inc. The employer and carrier contested the claim, arguing the new injury hadn't occurred or symptoms stemmed from the preexisting condition. After initial conflicting findings by a Workers' Compensation Law Judge and an independent medical examination, the Workers' Compensation Board ultimately ruled that claimant sustained a temporary causally-related marked partial disability. The Appellate Division, Third Department, affirmed the Board's decision, deferring to its resolution of conflicting medical evidence. The court credited the nurse practitioner's opinion that claimant's ongoing disability was connected to the 2022 accident.

Causality DisputePre-existing ConditionMedical Opinion ConflictAppellate Division ReviewWorkers' Compensation Board DecisionTemporary Marked Partial DisabilityLumbar StrainIndependent Medical Examination FindingsNurse Practitioner TestimonySubstantial Evidence Rule
References
7
Case No. MISSING
Regular Panel Decision

Claim of Coratti v. Jon Josef Hair & Colour Group

The Workers' Compensation Board denied a claimant's motion to preclude a workers’ compensation carrier’s consultant report, which was based solely on a review of medical records, not an independent medical examination (IME). The claimant argued non-compliance with Workers’ Compensation Law § 137 (1) (b), a provision requiring notice if an IME is performed. The Board concluded the statute does not apply to records-review-only reports. An appellate court affirmed, holding that the plain language of § 137 (1) (b) explicitly refers to practitioners who have performed or will perform an IME, thereby excluding those who solely review records. The court emphasized that statutory interpretation must adhere to plain language, leaving policy arguments to the Legislature.

IME reportsrecords reviewWorkers' Compensation Lawstatutory interpretationpreclusion motioncausationoccupational illnessdue processlegislative intent
References
3
Case No. MISSING
Regular Panel Decision

Travell v. Travell

Petitioner appealed Family Court's decision to dismiss his applications for relief from child support payments and commitment, and to grant the Support Collection Unit's applications for orders of commitment. Petitioner claimed inability to work due to a neck injury and major depression. Medical testimony from Dr. Bruce Russell, a family physician, and Kelly Farnan, a psychiatric nurse practitioner, supported his claims, but their opinions relied heavily on petitioner's subjective reports of pain. Family Court found petitioner's testimony contradictory regarding his disability, noting his ability to drive, perform household work, and care for his child. The Appellate Division affirmed Family Court's decision, deferring to its credibility assessment of the petitioner's disability claims.

Child Support EnforcementFamily Court ProceedingsParental ObligationsMedical DisabilityWorkers' Compensation ClaimSocial Security DisabilityCredibility DeterminationCervical RadiculopathyMajor DepressionPsychiatric Evaluation
References
1
Case No. MISSING
Regular Panel Decision

Allen v. Comm'r of Soc. Sec.

Plaintiff Latoya Allen sought judicial review of the Social Security Commissioner's final decision denying her applications for disability insurance benefits, child's insurance benefits, and supplemental security income. The U.S. District Court reviewed the ALJ's decision, which found Plaintiff not disabled, applying a five-step sequential evaluation. Plaintiff argued the ALJ erred in weighing medical opinions, excluding attention and concentration limitations from the RFC, and rejecting a nurse practitioner's opinion. The Court, finding the Commissioner's determination supported by substantial evidence and free from legal error, upheld the ALJ's assessment of medical opinions and the RFC. Consequently, the Commissioner's motion for judgment on the pleadings was granted, and Plaintiff's motion was denied.

Disability BenefitsSocial Security ActDisability Insurance BenefitsChild's Insurance BenefitsSupplemental Security IncomeAdministrative Law JudgeResidual Functional CapacityMedical Opinion EvidenceNon-examining Medical SourceConsultative Examiner
References
64
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