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

Case No. ADJ722399 (SDO 0324979) ADJ1109167 (SDO 0339490)
Regular
Feb 07, 2011

SAMANTHA HOWE vs. SCRIPPS HEALTH, Permissibly Self-Insured

The Appeals Board denied defendant Scripps Health's petition for removal, upholding the WCJ's decision to deny a compel order for a QME examination. Scripps Health sought to compel an examination by Dr. Strauser regarding applicant Samantha Howe's pain management treatment. The Board ruled that Scripps Health's objection to the pain management treatment must be addressed through utilization review, not a QME evaluation, citing the *Sandhagen* Supreme Court decision. Therefore, Scripps Health is barred from using Labor Code section 4062 to dispute treatment recommendations for pain management.

Petition for RemovalQualified Medical EvaluationMedical ExaminationPain Management TreatmentUtilization ReviewLabor Code Section 4610Labor Code Section 4062Industrial InjurySurgical TechnicianDental Treatment
References
1
Case No. MISSING
Regular Panel Decision
Dec 27, 2001

MacRo v. Independent Health Ass'n, Inc.

Plaintiffs Cheryl Macro and Kim Zastrow, insured under a group health contract with Independent Health through the Tonawanda City School District, initiated a class action in state court to challenge Independent Health's modification of infertility treatment coverage. Defendant Independent Health removed the case to federal court, asserting ERISA preemption. Plaintiffs moved to remand, arguing that their claims fell under New York Insurance Law, which is exempt from ERISA preemption by the saving clause, and that their health plan qualified as a 'governmental plan' also exempt from ERISA. The District Court granted the plaintiffs' motion, concluding that the claims were indeed saved from ERISA preemption and that the plan was exempt, thus rendering federal subject matter jurisdiction absent. The court accordingly remanded the case back to New York State Supreme Court.

Infertility CoverageHealth Insurance DisputesERISA PreemptionSaving ClauseGovernmental PlansRemoval to Federal CourtSubject Matter JurisdictionNew York Insurance LawClass Action LitigationEmployee Benefits Plan
References
31
Case No. 99 Civ. 11886 WCC
Regular Panel Decision
Jul 11, 2000

Leonard v. DUTCHESS CTY. DEPT. OF HEALTH

Plaintiffs, including restaurant and bowling center owners and the National Smokers Alliance, challenged smoking regulations promulgated by the Dutchess County Department of Health and Board of Health. They alleged violations of equal protection, free speech, 42 U.S.C. § 1983, the New York State Constitution, and Article 78. The defendants moved to dismiss, arguing lack of subject matter jurisdiction, while plaintiffs moved for summary judgment and injunctive relief. The court, treating both as motions for summary judgment, found that the Board of Health exceeded its authority under the New York State separation of powers doctrine by enacting regulations that balanced economic, social, and privacy interests, rather than solely health concerns. Specifically, the court noted the Board's consideration of non-health factors, the non-interstitial nature of the regulations compared to state law, and the County Legislature's prior failure to pass similar legislation. Consequently, the court granted plaintiffs' motion for summary judgment and permanently enjoined the defendants from enforcing the challenged smoking regulations.

Smoking RegulationsPublic Health LawSeparation of PowersAdministrative Agency OverreachSummary JudgmentInjunctive ReliefDutchess CountyClean Indoor Air ActConstitutional LawArticle 78
References
12
Case No. MISSING
Regular Panel Decision

Washington Heights-West Harlem-Inwood Mental Health Council, Inc. v. District 1199, National Union of Hospital & Health Care Employees, RWDSU

This case involves a dispute between District 1199, National Union of Hospital and Health Care Employees, and Washington Heights-West Harlem-Inwood Mental Health Council, Inc. The union sought to enforce an arbitration award requiring the Council to rehire and provide back pay to an employee, Edward Lane. The Council cross-moved to vacate the award, arguing that no valid collective bargaining agreement with an arbitration clause existed between the parties. Although the parties had acted under the terms of a proposed agreement for a period, including processing some grievances and wage increases, no formal, signed contract had ever been executed. Citing recent appellate court decisions emphasizing contract formalism over implied intent, the District Court granted the Council's motion to vacate the arbitration award and denied the union's motion to enforce it, concluding that without a signed agreement, there was no contractual duty to arbitrate.

Arbitration AwardSummary JudgmentContract FormationCollective BargainingLabor DisputeContract FormalismVacation of AwardEnforcement of AwardMeeting of the MindsFederal Court
References
23
Case No. MISSING
Regular Panel Decision
May 14, 2013

Veneruso v. Mount Vernon Neighborhood Health Center

Plaintiff James J. Veneruso, on behalf of Community Choice Health Plan of Westchester Inc. (CCHP), sued Defendant Mount Vernon Neighborhood Health Center to recover 'Surplus Distributions' CCHP made to Mount Vernon. CCHP, a New York not-for-profit corporation, was directed by the New York State Department of Health to terminate operations and commence dissolution. Plaintiff, appointed temporary receiver, sought to recover payments made to Mount Vernon, arguing they were unlawful under New York's Not-for-Profit Corporation Law § 515(a). Defendant removed the case to federal court, asserting federal jurisdiction based on complete preemption, substantial federal question, its status as a federal corporation, and the involvement of federal funds. The court rejected all of Defendant's arguments for federal jurisdiction, finding that the claims were based purely on state law and that federal law was, at best, a potential defense. Consequently, the Plaintiff's motion to remand the case to state court was granted, while the request for attorneys' fees was denied.

MedicaidNon-Profit Corporation LawState Law ClaimsFederal JurisdictionRemoval StatuteComplete PreemptionSubstantial Federal QuestionDeclaratory JudgmentAttorneys' FeesCooperative Federalism
References
76
Case No. MISSING
Regular Panel Decision
May 27, 2014

Rumsey v. Northeast Health, Inc.

Plaintiff Ellen Rumsey, a former teacher, sued Northeast Health, Inc. and St. Peter's Health Partners alleging retaliatory termination in violation of Title VII and NYSHRL, and breach of contract. Rumsey claimed her employment was terminated after she supported a coworker's pregnancy discrimination claim and participated in a related internal investigation. Defendants moved for summary judgment, arguing a legitimate, non-retaliatory reason for termination based on Rumsey's repeated inappropriate behavior and a classroom incident. The court found that Rumsey failed to establish a causal connection between her protected activities and termination, citing intervening disciplinary events and her history of problematic working relationships. The motion for summary judgment was granted, and all claims were dismissed with prejudice.

RetaliationTitle VIINYSHRLPregnancy DiscriminationSummary JudgmentEmployment TerminationWorkplace DisputeAt-Will EmploymentBreach of ContractHuman Resources
References
50
Case No. 2022 NY Slip Op 07383 [211 AD3d 1616]
Regular Panel Decision
Dec 23, 2022

Williams v. Kaleida Health

Dr. Aston B. Williams, a physician with medical staff privileges at Kaleida Health, sought a medical exemption from a COVID-19 vaccine mandate, which was subsequently denied. As a result of noncompliance, his privileges at Buffalo General Medical Center were suspended. Williams initiated legal action, requesting injunctive relief to prevent the revocation of his privileges. Kaleida Health moved to dismiss the complaint. The Supreme Court denied Williams's motion for an injunction and partially granted Kaleida Health's motion, dismissing the complaint without prejudice. The Appellate Division, Fourth Department, affirmed this decision, determining that Public Health Law § 2801-c provides the exclusive remedy for alleged violations of § 2801-b (1), necessitating Williams to first pursue his claim before the Public Health and Health Planning Counsel.

COVID-19 vaccine mandatemedical staff privilegesinjunctionPublic Health Lawexclusive remedyPHHPCadministrative remediesdismissal without prejudicehealth care workersemployer-employee dispute
References
4
Case No. ADJ7345072, ADJ7345106
Regular
Sep 17, 2012

MELINDA WILLIAMS vs. SCRIPPS HEALTH

The Workers' Compensation Appeals Board (WCAB) dismissed Melinda Williams' petition for reconsideration against Scripps Health. The WCAB found the petition was untimely filed, as it was submitted more than 25 days after the June 29, 2012, Findings and Orders. Even if timely, the WCAB would have denied the petition on its merits, adopting the reasoning of the administrative law judge. Therefore, the petition for reconsideration is dismissed.

Petition for ReconsiderationUntimelyDismissalFindings and OrdersWorkers' Compensation Appeals BoardWCJLabor Code section 5903Code of Civil Procedure section 101325 days20 days
References
0
Case No. ADJ2648619 (SDO 0337844)
Regular
Jan 23, 2020

LURA BROWN vs. SCRIPPS HEALTH

This case involves a petition for reconsideration filed by defendant Scripps Health following a Workers' Compensation Appeals Board (WCAB) decision. The WCAB has granted the petition, not on the merits, but to allow further study of the factual and legal issues. This action is deemed necessary to ensure a complete understanding of the record and to issue a just decision. All future correspondence related to the petition must be filed directly with the WCAB Commissioners, not district offices or electronically.

WORKERS' COMPENSATION APPEALS BOARDPetition for ReconsiderationStatutory time constraintsFactual and legal issuesJust and reasoned decisionOffice of the CommissionersElectronic Adjudication Management SystemEAMSTrial level documentsDeclarations of readiness
References
1
Case No. ADJ8540632
Regular
Oct 15, 2013

FRANCISCO MEDINA vs. SCRIPPS HEALTH

The Workers' Compensation Appeals Board denied a petition for reconsideration in the case of Francisco Medina v. Scripps Health. The applicant alleged a psychiatric injury, but the employer successfully argued the defense of good faith personnel actions under Labor Code section 3208.3(h). The Board adopted the WCJ's findings, finding the employer's actions, including performance improvement forms and issues related to English proficiency, were lawful, non-discriminatory, and made in good faith to address job performance deficiencies. Credible employer testimony and evidence supported these findings, leading to the denial of the petition.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJGarza v. Workmen's Comp. Appeals Bd.psychiatric injurygood faith personnel actionslabor code section 3208.3(h)Rolda v Pitney Bowespredominant causelawful
References
4
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