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

Case No. 2016-07-0772
Regular Panel Decision
May 25, 2017

Jacks, Bonnie v. Camden Healthcare/Northpoint Senior Services, LLC

Bonnie Jacks, an employee of Northpoint, sustained a left shoulder injury in 2015. She requested an expedited hearing for additional medical benefits and approval of physician referrals to orthopedic and pain management specialists, as well as payment of outstanding medical bills. The employer, Northpoint, failed to provide a panel of physicians as required by law, instead offering Dr. Berry and later accepting a referral to Dr. Chandler. The Court found Ms. Jacks entitled to a panel of physicians for an orthopedic evaluation and ordered Northpoint to approve Dr. Berry’s referral to Tennessee Orthopedic Alliance. Additionally, Northpoint was ordered to pay Dr. Berry's outstanding bills totaling $340.00. The Court denied Ms. Jacks' counsel's request for attorney's fees but referred the case to the Penalty Unit for consideration of a penalty against Northpoint for failing to timely provide a panel of physicians.

Workers' CompensationMedical BenefitsExpedited HearingPhysician PanelOrthopedic ReferralPain ManagementAttorney's Fees DeniedPenalty Unit ReferralRotator Cuff TearShoulder Injury
References
3
Case No. 2016-03-0885
Regular Panel Decision
Feb 07, 2017

Adams, Roy v. Beverly Park Place Health and Rehabilitation

Roy Adams, a Maintenance Assistant, sustained chemical burns to his hands while cleaning machinery with hazardous chemicals. He received treatment from Dr. King at Nova Medical Center, who diagnosed irritant dermatitis and cleared him for full duty. Despite Dr. King's assessment, Mr. Adams continued to experience pain, cramping, and difficulty grasping objects, prompting him to request a specialist referral and temporary disability benefits. Beverly Park Place Health and Rehabilitation argued that Dr. King had consulted with specialists and found no need for further referrals, and his medical opinion is presumed correct. The Court ultimately denied Mr. Adams' requests for both a specialist referral and temporary disability benefits, citing insufficient medical evidence to rebut Dr. King's opinion.

Chemical BurnIrritant DermatitisTemporary Disability BenefitsSpecialist ReferralMedical OpinionPhysician's PresumptionWorkers' CompensationExpedited HearingKnox CountyHand Injury
References
5
Case No. 2022-08-0195
Regular Panel Decision
Sep 02, 2022

Evans, Antron v. Family Dollar Stores, Inc.

Mr. Antron Evans requested a panel of psychiatrists, attorney's fees, and payment of a medical bill following a store robbery where he sustained a head injury. Family Dollar, the employer, contended he was not entitled to a psychiatric panel without a referral from an authorized physician, disputed the medical bill, and denied wrongfully denying the claim for attorney's fees. The Court denied Mr. Evans's requests for a psychiatric panel and payment of the emergency room bill, citing the statutory requirement of a panel physician's referral for psychiatric services and lack of proof for the medical bill. However, the Court granted his request for attorney's fees due to Family Dollar's five-month delay in timely initiating medical benefits. Additionally, Family Dollar was referred to the Compliance Program for potential penalties concerning the late filing of the First Report of Injury and the untimely provision of a panel of physicians.

Workers' CompensationMedical Benefits DenialAttorney's Fees GrantEmployer PenaltiesExpedited HearingPsychiatric ReferralStatutory InterpretationLate Claim ProcessingFirst Report of Injury DelayPost-Traumatic Stress
References
6
Case No. 2024-60-5751
Regular Panel Decision
Jul 17, 2025

Rooks, Sabrina v. Amazon.com

Sabrina Rooks, an employee, filed for an expedited hearing against Amazon.com and American Zurich Insurance Company after injuring her right foot, ankle, and knee at work. The Court found that Amazon unreasonably delayed authorizing a direct medical referral to Dr. Christopher Jones, prompting a referral to the Compliance Program for a penalty. Despite this, Ms. Rooks's claim for temporary partial disability benefits was denied. The Court determined that Amazon proved Ms. Rooks violated a valid workplace rule by sleeping on the job, which was the true motivation for her termination, making her unlikely to prevail on the merits for these benefits.

Workers' CompensationExpedited HearingMedical Treatment DelayTemporary Partial DisabilityWorkplace Rule ViolationEmployer PenaltyDirect Medical ReferralCausation of InjuryAttorney's Fees AwardTennessee Law
References
4
Case No. MISSING
Regular Panel Decision

Prompt Nursing Employment Agency LLC v. Valdez

This case involves a lawsuit filed by Prompt Nursing Employment Agency LLC against Jericson B. Valdez, alleging breach of contract and tortious interference with business opportunities. The Defendant filed motions seeking a change of venue from the Central Islip Courthouse to Brooklyn and to amend her answer to include a counterclaim for breach of contract. The United States District Court for the Eastern District of New York, presided over by Judge Arthur D. Spatt, denied the Defendant's motion for a change of venue, deferring to the Plaintiff's choice of forum and finding sufficient connection to the current venue. However, the Court granted the Defendant's motion to amend her answer, concluding that there was no evidence of bad faith, undue prejudice to the Plaintiff, or futility in the proposed breach of contract counterclaim. This decision allows the Defendant to add her counterclaim and modifies other aspects of her answer.

Federal ProcedureVenue TransferContract DisputeTortious InterferenceMotion to AmendPleadingCounterclaimEastern District of New YorkDiscretionary ReviewCivil Litigation
References
42
Case No. MISSING
Regular Panel Decision

Paguirigan v. Prompt Nursing Emp't Agency LLC

Plaintiff Rose Ann Paguirigan brought claims against Prompt Nursing Employment Agency LLC and several other defendants, alleging violations of the Trafficking Victims Protection Act (TVPA), breach of contract, and seeking declaratory judgment. The plaintiff, a Filipino citizen, claimed that the defendants coerced her and other foreign nurses into continued employment using a $25,000 contract termination fee and a confession of judgment, despite a prior state court ruling that the fee was unenforceable. Defendants allegedly threatened lawsuits, filed unfounded professional misconduct complaints, and pursued criminal indictments against nurses who sought to leave their employment. Defendants filed a motion to dismiss all TVPA claims, the declaratory judgment claim, and the breach of contract claim against individual defendants. The court denied the defendants' motion in its entirety, finding that the plaintiff had sufficiently pleaded her claims, including serious financial and reputational harm under the TVPA, and had grounds for piercing the corporate veil for the breach of contract claim.

Trafficking Victims Protection ActForced LaborInvoluntary ServitudeBreach of ContractDeclaratory JudgmentMotion to DismissCorporate Veil PiercingEmployment ContractCoercionForeign Nurses
References
29
Case No. 2018-01-0040 ja bis
Regular Panel Decision
Jan 04, 2019

Newton, Cameron v. OM Hixson, LLC

Cameron Newton sustained a psychological injury diagnosed as post-traumatic stress disorder by Dr. John Robertson, who ordered psychotherapy. The employer, OM Hixson, LLC, failed to provide a panel of psychotherapists for over two months, contending Mr. Newton had not established that Dr. Robertson was unwilling to provide the therapy or that the order was limited to psychiatrists or psychologists. The Court found the employer's arguments without merit, noting a pattern of previous delays in providing benefits. The Court ordered OM Hixson, LLC to promptly provide Mr. Newton with a panel of psychotherapists and referred the case to the Bureau’s Compliance Unit for assessment of a penalty due to the employer's repeated failure to timely provide recommended medical treatment.

Psychological InjuryPost-traumatic Stress DisorderPsychotherapyEMDR TherapyMedical BenefitsWorkers' Compensation LawExpedited HearingPenalty AssessmentEmployer DelayCompliance Unit Referral
References
1
Case No. MISSING
Regular Panel Decision
Dec 17, 2007

Henderson v. New York City Transit Authority

Claimant, a New York City bus driver for nearly 20 years, filed for workers' compensation benefits, alleging that recurring exposure to exhaust fumes and dust at work caused severe asthma. Initial medical opinions conflicted, leading the Workers’ Compensation Law Judge to find a work-related exacerbation and permanent partial disability. The employer appealed, prompting the Workers’ Compensation Board to refer the claimant to an impartial medical specialist. The specialist diagnosed marked moderate restrictive pulmonary function caused by morbid obesity, not work conditions. Based on this, the Board disallowed the claim, and the Appellate Division affirmed this decision, finding the referral proper and the Board’s determination supported by substantial evidence.

asthmabus driverexhaust fumesdust exposureoccupational diseaseworkers' compensation benefitsmedical expert opinionimpartial medical specialistmorbid obesitypulmonary function
References
5
Case No. 2020-06-0867
Regular Panel Decision
Sep 28, 2020

Randolph, Kevin v. R & M ELECTRIC, INC.

Kevin Randolph, an employee, suffered a severe injury when he fell approximately fifteen feet while working. He requested treatment with Dr. Sravani Mehta, a specialist in traumatic brain injuries, after a referral from Dr. James Ho, an optometrist. The employer, R & M Electric, Inc., and its insurer, The Hartford, denied the request, stating that the authorized treating physician, Dr. Anna-Louise Mollete, never made the referral. The Court affirmed that Tennessee law allows referrals only from physicians or chiropractors, not optometrists, and found that the employer did not waive its right to object by honoring prior non-physician referrals. Consequently, the Court denied Mr. Randolph's request for treatment with Dr. Mehta.

Workers' CompensationMedical BenefitsReferral PolicyOptometristPhysicianEmployer ResponsibilityWaiver DoctrineStatutory InterpretationTraumatic Brain InjuryTennessee Law
References
7
Case No. MISSING
Regular Panel Decision

Innoviant Pharmacy, Inc. v. Morganstern

Innoviant Pharmacy, Inc. sued its former sales executive, Max Morganstern, for unfair competition and breach of a non-compete agreement after he joined a competitor, Summit Pharmacy, Inc., and solicited Innoviant's customer referral sources. Innoviant sought a preliminary injunction to prevent Morganstern from contacting 114 key New York referral sources. The court found Innoviant unlikely to succeed on its breach of contract claim because the employment agreement was deemed unenforceable due to a later signed document. However, the court found Innoviant likely to succeed on its unfair competition claim, as Morganstern misappropriated a list of potential referral sources and business cards. Consequently, the court granted the preliminary injunction, restraining Morganstern from contacting the specified referral sources until February 24, 2006, conditioned on Innoviant posting a $100,000 security bond.

Preliminary InjunctionUnfair CompetitionBreach of ContractNon-compete ClauseTrade SecretsCustomer ListsConfidential InformationEmployment AgreementSales ExecutiveReferral Sources
References
50
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