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

Case No. 2024 NY Slip Op 01782 [226 AD3d 410]
Regular Panel Decision
Apr 02, 2024

Nunez v. SY Prospect LLC

Plaintiff Arlender Nunez successfully moved for partial summary judgment on his Labor Law § 240 (1) claim against defendant SY Prospect LLC. Plaintiff fell from an unsecured ladder while performing work, asserting SY Prospect LLC failed to provide necessary safety devices. The court found plaintiff established a prima facie case that his injuries were proximately caused by a Labor Law violation. Defendants failed to present evidence to rebut this or to support a 'recalcitrant worker defense'. The Supreme Court's order granting plaintiff's motion for partial summary judgment was unanimously affirmed by the Appellate Division.

Ladder FallLabor LawSummary JudgmentProximate CauseSafety DevicesRecalcitrant Worker DefenseConstruction AccidentUnsecured LadderBuilding Owner LiabilityAppellate Affirmation
References
7
Case No. MISSING
Regular Panel Decision

Ausaf v. Highlands Insurance Co.

Syed A. Ausaf, an employee of O’Donnell Engineering Corporation, suffered work-related injuries and filed a workers' compensation claim. His treating physician, Dr. Faiz, provided a certification with a prospective date for Maximum Medical Improvement (MMI), which was deemed invalid by the Texas Workers’ Compensation Commission. The Commission's hearing officer and subsequent Appeals Panel adopted the findings of a Commission-selected doctor, setting Ausaf's MMI and impairment rating (IR) to zero. Ausaf appealed to the district court, which granted summary judgment to Highlands Insurance Company, limiting the evidence to valid certifications presented to the Commission. The appellate court affirmed, holding that the trial court correctly excluded Dr. Faiz's certification due to its prospective MMI date, and that such defects could not be waived or subsequently amended.

Workers' CompensationSummary JudgmentAppellate ReviewMaximum Medical Improvement (MMI)Impairment Rating (IR)Evidentiary ExclusionProspective MMI DateAdministrative ReviewWaiverAbuse of Discretion
References
7
Case No. ADJ7941062
Regular
Nov 17, 2016

SYED HUSAIN vs. 3M COMPANIES, OLD REPUBLIC INSURANCE COMPANY, SEDGWICK CLAIMS MANAGEMENT SERVICES

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration of the prior decision. The Board adopted and incorporated the Workers' Compensation Judge's report, which found the applicant did not sustain injury AOE/COE for most claims. The Judge's credibility determination, based on observing witnesses, was given great weight. The applicant's contentions regarding denied due process, improper witness testimony, and unsupported findings lacked substantial evidence.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJ credibility determinationGarza v. Workmen's Comp. Appeals Bd.substantial evidencedeniedSyed Husain3M CompanyOld Republic Insurance CompanySedgwick Claims Management Services
References
0
Case No. MISSING
Regular Panel Decision

Ahmad v. Nassau Health Care Corp.

Dr. Syed T. Ahmad sued Nassau Health Care Corporation, Anthony Angelo, and Jacob Sokol for alleged discriminatory termination based on his race, national origin, and religion, violating Title VII and the New York State Human Rights Law. Dr. Ahmad, a physician, was fired in February 2000 for allegedly intentionally misrepresenting information on his medical staff re-credentialing application, specifically regarding his termination from Southside Hospital and a pending OPMC investigation. The defendants moved for summary judgment, arguing no genuine issues of material fact. The court found that Dr. Ahmad failed to establish a prima facie case of discriminatory discharge and could not prove that the defendants' stated non-discriminatory reason (misrepresentations on the application) was a pretext for discrimination. Consequently, the defendants' motion for summary judgment was granted, dismissing the federal claims, and the state law claims were dismissed without prejudice.

Employment DiscriminationTitle VIINew York State Human Rights LawWrongful TerminationMedical Staff PrivilegesRe-credentialing ApplicationSummary JudgmentPretextDiscriminatory DischargeRace Discrimination
References
29
Case No. MISSING
Regular Panel Decision

Lection v. Dyll

Sandra M. Lection sued Louis Dyll, M.D., for medical malpractice after she presented to an emergency room with neurological symptoms, was seen by an ER physician (Dr. Syed), and subsequently experienced a disabling stroke. Dr. Syed consulted with Dr. Dyll, the on-call neurologist, who diagnosed Lection with a hemiplegic migraine and advised no further immediate treatment, suggesting a follow-up visit. The trial court initially denied, then later granted, Dr. Dyll's motion for summary judgment, arguing no physician-patient relationship existed. The appellate court reversed the trial court's judgment, concluding that a genuine issue of material fact existed regarding the establishment of a physician-patient relationship, citing Dr. Dyll's contractual obligations as an on-call physician and his affirmative actions in diagnosing and advising a course of treatment for Lection. The case is remanded for further proceedings.

Medical malpracticePhysician-patient relationshipOn-call physicianSummary judgmentDuty of careHospital bylawsContractual obligationEmergency roomNeurological symptomsStroke
References
63
Case No. MISSING
Regular Panel Decision
Jun 25, 2001

Claim of Ritton v. AT&T—New York

Claimant appealed an amended Workers' Compensation Board decision concerning her disability rate. She had established occupational diseases including bilateral carpal tunnel syndrome, myofascial pain syndrome, thoracic outlet, and neck, arm, and shoulder injuries. Initially receiving total disability benefits, the Board later found only a mild to moderate disability for the period from March 1998 to September 1999, crediting the employer's physician, Syed Ehtisham, over the claimant's physician, Michael Lax. The court affirmed the Board's decision, finding substantial evidence to support the mild to moderate disability finding and upholding the Board's authority in resolving conflicting medical opinions.

Workers' CompensationDisability BenefitsCarpal Tunnel SyndromeMyofascial Pain SyndromeThoracic Outlet SyndromeMedical TestimonyConflicting Medical EvidenceAppellate ReviewCredibility DeterminationOccupational Disease
References
2
Case No. MISSING
Regular Panel Decision

Rizvi v. Department of Homeland Security

Advanced Medical Automation Systems, Inc. (AMAS), along with Syed Rizvi and his family, sued the United States Citizenship and Immigration Services (USCIS) after the denial of AMAS's I-140 visa petition and the family's I-485 applications. The plaintiffs challenged USCIS's findings regarding AMAS's ability to pay the proffered wage and Rizvi's qualifications and experience. The court had previously dismissed several related claims, leading to cross-motions for summary judgment on AMAS's challenge to the I-140 denial. Ultimately, the court granted USCIS's motion and denied AMAS's, affirming the agency's decision. This decision was based on AMAS's failure to demonstrate a continuing ability to pay the proffered wage from the priority date, as well as issues with Rizvi's educational equivalency and work experience.

Immigration LawVisa Petition DenialUSCIS AdjudicationAbility to Pay RequirementProffered WageAdministrative Procedure ActSummary JudgmentEmployment-Based VisaLabor CertificationPriority Date Rule
References
21
Case No. 2015-06-0257
Regular Panel Decision
Jul 06, 2015

Boyd, Rosemary v. Hewlitt Packard Co.

Rosemary Boyd sought temporary disability and medical benefits for a right shoulder injury she claimed occurred on August 18, 2014, while working for Hewlett Packard. She had a history of prior shoulder surgeries and contended the current injury, a rotator cuff tear, was work-related and caused an anatomical change, an opinion supported by her surgeon, Dr. Downs. Hewlett Packard and its insurer, Old Republic Ins. Co., denied the claim, relying on opinions from authorized physicians, Dr. Reddy and Dr. Syed, who deemed the injury unlikely to be work-related. Workers' Compensation Judge Dale Tipps noted the presumption of correctness for the authorized physicians' opinions. The judge concluded that Ms. Boyd had not provided sufficient evidence from Dr. Downs to rebut this presumption, thus denying her claim for benefits at this time and scheduling an Initial Hearing.

Shoulder InjuryRotator Cuff TearPre-existing ConditionMedical CausationTemporary Disability BenefitsMedical BenefitsExpedited HearingRecord ReviewBurden of ProofPresumption of Correctness
References
3
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