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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

Equal Employment Opportunity Commission v. Grief Bros.

This employment discrimination case, filed July 1, 2002, involves Michael Sabo (Plaintiff) who alleges constructive discharge based on sexual harassment and claims severe emotional pain and suffering. The Defendant moved for a mental examination of Sabo under Fed.R.Civ.P. 35 and to compel the production of his medical records. Sabo alleged severe humiliation, anxiety, depression, loss of self-esteem, sleeplessness, and weight gain, and admitted to a history of depression, past suicide attempts, and current psychiatric treatment with prescribed medications. The court granted the Defendant's motions, finding that Sabo had placed his mental condition in controversy due to the nature and severity of his claims and his medical history, justifying both the examination and the production of relevant medical records. The court also granted Defendant's request for costs associated with compelling the medical records, but denied the request for costs related to the Rule 35 motion itself, and denied Plaintiff's request for counsel or recording during the examination.

Employment DiscriminationSexual HarassmentConstructive DischargeEmotional DistressMental ExaminationRule 35Medical RecordsDepressionSuicide AttemptsCompensatory Damages
References
11
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. 2019 NY Slip Op 09336 [178 AD3d 1312]
Regular Panel Decision
Dec 26, 2019

Matter of Trusewicz v. Delta Envtl.

Claimant Roman Trusewicz filed for workers' compensation benefits alleging injuries from prolonged asbestos handling, having previously received treatment for the same body parts. At a hearing, the Workers' Compensation Law Judge (WCLJ) directed him to provide an open-ended HIPAA medical release for all treatment records, despite his request to limit it to only the claimed sites of injury. The Workers' Compensation Board upheld the WCLJ's decision. On appeal, the Appellate Division, Third Department, reversed, holding that the Board erred by requiring an unlimited medical release, as regulations specify that only a limited release for relevant medical records regarding the prior medical history of the body part or illness at issue is required.

Workers' compensationmedical recordsHIPAA releaseprior injurylimited releaseunlimited releaseemployer's rightsclaimant's rightsmedical treatmentBoard decision
References
2
Case No. MISSING
Regular Panel Decision

Rechenberger v. Nassau County Medical Center

Edward Rechenberger suffered hip fractures and underwent two operations at Nassau County Medical Center in May 1982. Following a re-injury and later diagnosis, he learned the surgical hardware was improperly implanted, leading to further operations. Mr. Rechenberger sought leave to serve a late notice of claim against the medical center. The Supreme Court initially denied the motion, but the Appellate Division reversed this decision, finding that the hospital had actual knowledge of the essential facts of the claim within the statutory 90-day period through its own medical records. The court concluded that the delay in serving the notice of claim was not substantially prejudicial to the hospital, and thus, granted the petitioners leave to serve the late notice of claim.

Medical MalpracticeLate Notice of ClaimNassau CountyHip FractureSurgical ErrorContinuous Treatment DoctrineActual NoticePrejudiceAppellate ReviewMunicipal Corporation
References
11
Case No. ADJ1139186 (OAK 0308001) ADJ483865 (OAK 0308002) ADJ6524430
Regular
Jan 06, 2011

PATRICK RECORDS vs. WASTE MANAGEMENT OF ALAMEDA COUNTY AND CIGA, CONVERIUM, ACE, ET AL.

The Workers' Compensation Appeals Board granted reconsideration to address CIGA's claim for contribution against Converium for a cumulative trauma injury ending February 15, 2000. CIGA argued that the statute of limitations was tolled by medical treatment and payments made under a Compromise and Release Agreement. However, the Board found the record insufficient, lacking crucial medical evidence regarding the cumulative trauma injury and benefit payment details. Therefore, the case was returned to the trial level to allow the admission of necessary documents, including the Agreed Medical Examiner's reports and a clear benefit payment printout, to determine the validity of CIGA's contribution claim.

CIGAConverium InsuranceContribution claimCumulative traumaStatute of limitationsCompromise and Release AgreementTollingMedical treatmentAgreed Medical ExaminerApplication for Adjudication of Claim
References
2
Case No. MISSING
Regular Panel Decision

Dibble v. Consolidated Rail Corp.

The Supreme Court order was unanimously modified on appeal. The modification involved deleting the provision that granted the third-party defendant's motion to compel the plaintiff to provide authorization for all of the plaintiff's workers' compensation records and medical records. The court reasoned that CPLR 3102 [a] does not contain any provision allowing a third-party defendant to obtain such authorization from the plaintiff. The order, as modified, was affirmed without costs.

Discovery DisputeWorkers' Compensation RecordsMedical Records DisclosureMotion to CompelCPLR 3102 [a]Appellate Court RulingPlaintiff RightsThird-Party Defendant ActionErie County Supreme CourtOrder Modification
References
2
Case No. 07-CV-6149L
Regular Panel Decision
Feb 18, 2010

Johnson v. THE UNIVERSITY OF ROCHESTER MEDICAL CENTER

Plaintiffs Keith Johnson, M.D., and Laura Schmidt, R.N., filed a qui tam action under the False Claims Act against the University of Rochester Medical Center and Strong Memorial Hospital. They alleged defendants defrauded the government by submitting false claims for anesthesiology services under Medicare/Medicaid, claiming physician supervision when it was absent. Johnson also alleged retaliatory discharge for reporting violations, and Schmidt claimed retaliation for refusing to alter medical records. The defendants moved to dismiss, arguing failure to plead fraud with particularity under Fed. R. Civ. P. 9(b) and failure to state a claim under Rule 12(b)(6). Johnson cross-moved to amend the complaint to add claims of libel per se and prima facie tort against Dr. Lustik. The court granted the defendants' motion to dismiss, finding that the plaintiffs failed to allege that any fraudulent bills were actually presented to Medicare/Medicaid. The retaliation claims were also dismissed because the complaints were not made in furtherance of a qui tam action. Johnson's motion to amend was denied as frivolous and in bad faith. Defendants' request for sanctions was denied without prejudice.

False Claims ActQui TamMedicare FraudMedicaid FraudRetaliatory DischargePleading StandardsRule 9(b)Motion to DismissLeave to AmendLibel
References
28
Case No. ADJ869205 (SAC 0294976) ADJ302322 (SAC 0354178)
Regular
Oct 11, 2010

Patricia Rush vs. The Permanente Medical Group; Athens Administrators Concord

This case involves Patricia Rush claiming cumulative trauma injuries to her knees and back, among other body parts, against The Permanente Medical Group. The Workers' Compensation Appeals Board granted reconsideration because the Administrative Law Judge's findings of industrial causation for knee injuries lacked substantial medical evidence, with conflicting and uncertain Qualified Medical Evaluator opinions. The Board rescinded the prior findings and ordered further development of the medical record, suggesting an Agreed Medical Examiner or a court-appointed physician to resolve the causation issue for the knee injuries. The matter is returned to the trial level for a new final determination after the record is further developed on all issues, including injury causation.

Workers' Compensation Appeals BoardPermanente Medical GroupAthens Administratorscumulative trauma injurykneesbackshouldershandswristsindustrial causation
References
0
Case No. MISSING
Regular Panel Decision

Eckman v. Cipolla

The plaintiff, Susan Eckman, appealed an order from the Supreme Court, Kings County, which granted summary judgment to defendants Anthony Cipolla, City of New York, New York City Fire Department, and Gerard J. Moriarty in a medical malpractice action. Eckman sought damages for the alleged wrongful death and pain and suffering of her late husband, James M. Manganaro III, who died by suicide, asserting that Cipolla failed to adequately monitor his psychotropic medication and Moriarty failed to perform a complete mental status assessment despite suicidal ideation. The defendants successfully demonstrated their prima facie entitlement to judgment as a matter of law, presenting expert affirmations, deposition testimony, and relevant medical records. The appellate court found that the plaintiff's expert affidavit was conclusory, speculative, and unsupported by the record, failing to raise a triable issue of fact. Consequently, the Supreme Court's decision to grant summary judgment dismissing the complaint against the defendants was affirmed.

Medical MalpracticeWrongful DeathSuicideSummary JudgmentPsychotropic MedicationSocial Work MalpracticeExpert WitnessProximate CauseAppellate ReviewKings County
References
10
Case No. MISSING
Regular Panel Decision

Johnson v. Ward

Petitioners, inmates in the New York State Department of Correctional Services, initiated an Article 78 proceeding to compel the release of their medical records to Prisoners' Legal Services of New York, Inc. Initially, the request covered multiple petitioners, but compliance was granted for all except Lawrence Gaines. Gaines had authorized a law student, Barbara Schneider, to obtain his records, but the request was denied on the grounds that only attorneys or certified social workers could receive such records. The respondents argued that law students are not considered "attorneys" under relevant regulations and releasing records to them could pose liability issues. The court acknowledged the need to protect respondents and ruled that requests should be signed or countersigned by a licensed attorney from Prisoners' Legal Services. Consequently, Lawrence Gaines' petition was denied.

inmatesmedical recordscorrectional facilitieslegal assistancelaw studentsattorney representationArticle 78 proceedingaccess to informationlegal ethicsliability
References
1
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