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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

Bush v. Mechanicville Warehouse Corp.

This case involves an appeal from the denial of a third-party defendant's (Yankee One Dollar Stores, Inc.) motions for summary judgment against a defendant (Mechanicville Warehouse Corp.). The plaintiff, Bush, was injured at work and sued Mechanicville, who then brought a third-party action against Yankee for indemnification. Yankee argued that plaintiff did not sustain a 'grave injury' under Workers’ Compensation Law § 11 and that there was no written contractual indemnification agreement. The appellate court affirmed the denial of summary judgment regarding the 'grave injury' claim, finding sufficient evidence of permanent total disability due to a traumatic brain injury. However, the court reversed the denial of summary judgment for contractual indemnification, ruling that Workers’ Compensation Law § 11 requires an *express written contract* of indemnification from the employer, which was not present between Yankee and Mechanicville.

Summary JudgmentThird-Party ActionWorkers' Compensation Law § 11Grave InjuryContractual IndemnificationBrain InjuryPermanent Total DisabilityHoldover TenantExpress AgreementAppellate Review
References
18
Case No. MISSING
Regular Panel Decision

Rubies v. Aqua Club, Inc.

Judge Read dissents from the majority's interpretation of 'permanent total disability' concerning acquired brain injuries under Workers’ Compensation Law § 11. Read argues for a narrower definition, requiring the inability to perform usual daily living activities, aligning with legislative intent for the 1996 amendment to section 11. This amendment aimed to strictly curtail third-party actions against employers by narrowly defining 'grave injuries.' The dissent stresses that the list of grave injuries is exhaustive, not illustrative, and should not be broadly interpreted. Therefore, the definition of 'permanent total disability' for an acquired brain injury should essentially require a vegetative state to protect employers as intended by the Legislature.

Workers' CompensationGrave InjuryAcquired Brain InjuryPermanent Total DisabilityLegislative IntentStatutory InterpretationEmployer LiabilityThird-Party ActionsDissenting OpinionJudicial Review
References
5
Case No. ADJ7358750
Regular
Jul 24, 2017

ANDRES GUZMAN vs. AEROSPACE SERVICE CONTROLS, TRUCK INSURANCE EXCHANGE, FARMERS INSURANCE

The Workers' Compensation Appeals Board granted the defendant's petition for reconsideration to correct a clerical error in the original findings. The Board affirmed the prior finding that the applicant sustained injury arising out of and in the course of employment to his head, traumatic brain injury, and psyche, as stipulated by the parties. The Board denied the defendant's request to withdraw the stipulation regarding the psyche injury, finding no good cause to relieve them from the agreement made during a lengthy hearing. The Board amended the findings to reflect injury to the neck, correcting a factual error where the original order stated injury to the back.

Petition for ReconsiderationFindings of FactWorkers' Compensation Appeals BoardAdministrative Law JudgeStipulationsAffirmative DefenseClerical ErrorUnilateral Mistake of FactGood CauseLabor Code Section 3208.3(d)
References
10
Case No. 2024 NY Slip Op 02238 [226 AD3d 1280]
Regular Panel Decision
Apr 25, 2024

Matter of Bosque v. Prime Support Inc.

Annette Bosque, a home health care aide, filed a claim for workers' compensation benefits after falling in a patient's home, sustaining a subarachnoid hemorrhage, central cord syndrome, and mild traumatic brain injury. The employer and its carrier controverted the claim but lost certain defenses by failing to file a prehearing conference statement. A Workers' Compensation Law Judge found the injuries work-related and awarded benefits. The carrier appealed, arguing the injuries were not due to a risk incident to employment and that claimant failed to establish a compensable accident. The Workers' Compensation Board disagreed, finding compensable work-related injuries. The Appellate Division, Third Department, affirmed the Board's decision, noting the carrier was precluded from arguing the injuries did not arise out of and in the course of employment and that the statutory presumption of compensability for unwitnessed or unexplained accidents occurring during employment was not rebutted by the carrier's speculative assertion of an idiopathic cause.

Workers' CompensationAccidental InjuryArising Out of EmploymentCourse of EmploymentStatutory PresumptionUnwitnessed AccidentIdiopathic FallSubstantial EvidenceAppellate ReviewHome Health Care Aide
References
12
Case No. MISSING
Regular Panel Decision

Claim of Malerba v. Ameron Global, Inc.

Claimant, an aviation overhaul mechanic, sustained injuries in September 2008 due to a fire extinguisher explosion, leading to head, face, left arm, and right wrist injuries, and consequential depression. The Workers’ Compensation Law Judge expanded the claim to include a left eye injury, traumatic brain injury, and encephalomalacia, ultimately finding a permanent total disability based on medical evidence. The Workers’ Compensation Board affirmed this decision. The employer and its carrier appealed. The Appellate Division affirmed the Board's decision, citing deference to the Board's resolution of conflicting medical evidence, specifically acknowledging the treating neurologist's opinion of permanent total disability and the independent examiner's finding that the claimant could not perform mentally demanding work.

permanent total disabilityworkers' compensation appealtraumatic brain injuryencephalomalaciacognitive impairmentmedical evidenceconflicting medical opinionsappellate reviewaviation overhaul mechanic injurydepression
References
4
Case No. MISSING
Regular Panel Decision
Sep 23, 2005

Stamm v. PHH Vehicle Management Services, LLC

This case involves an appeal concerning plaintiffs Thoburn, III (Toby) and Cannon, who, as young children, were present during a car accident in 1985 that left their mother with severe and permanent brain injuries. They subsequently filed a lawsuit against their father, Thoburn M. Stamm, Jr., and PHH Vehicle Management Services, LLC, alleging physical and emotional injuries, specifically emotional distress and post-traumatic stress syndrome, under the 'zone of danger' theory. Defendants moved for summary judgment, arguing that the alleged emotional injuries were not proximately caused by the direct observation of their mother's serious injury during the accident. The Supreme Court initially denied the defendants' motions, but the appellate court unanimously reversed this decision, granting summary judgment to the defendants and dismissing the complaint with prejudice, concluding that plaintiffs failed to provide sufficient evidence to support their zone of danger claims.

Zone of DangerNegligent Infliction of Emotional DistressSummary JudgmentAppellate ReversalCar AccidentEmotional InjuryParental ConsortiumPsychiatric EvaluationEvidentiary StandardsProximate Causation
References
5
Case No. 2016 NY Slip Op 04028 [139 AD3d 1018]
Regular Panel Decision
May 25, 2016

Melendez v. McCrowell

The Appellate Division, Second Department, affirmed an order from the Supreme Court, Rockland County, in a personal injury action arising from a rear-end motor vehicle collision. Plaintiffs Michael Melendez and his wife sued Patrick McCrowell and Marten Transport, Ltd., after Melendez was struck while driving his employer's pickup truck. The Supreme Court had denied the defendants' motion for summary judgment, which was based on a collateral estoppel argument citing a Workers' Compensation Board finding of no serious injury. The Supreme Court also granted the plaintiffs' cross-motion for summary judgment on liability. The Appellate Division found the defendants failed to demonstrate that the issue of serious injury, particularly regarding a traumatic brain injury, was identical to what was decided by the Workers' Compensation Board, thus collateral estoppel did not apply. Furthermore, the court determined that the plaintiffs had established a prima facie case of negligence for the rear-end collision, which the defendants failed to rebut with a nonnegligent explanation.

Personal InjuryMotor Vehicle AccidentRear-end CollisionSummary JudgmentCollateral EstoppelWorkers' Compensation BoardSerious InjuryTraumatic Brain InjuryAppellate ReviewNegligence
References
18
Case No. ADJ11114962
Regular
Jan 10, 2019

HECTOR HERNANDEZ vs. MARK DATTILLO’S HEATING AND AIR CONDITIONING, CALIFORNIA INSURANCE COMPANY, APPLIED RISK SERVICES

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration, affirming the judge's finding that the applicant's accepted head injury included a brain injury. The Board found the defendant's objections regarding notice of the brain injury claim and the timeliness of their response to medical treatment requests were unfounded. Furthermore, the Board determined that the defendant waived its right to dispute the industrial causation of the brain injury by previously authorizing treatment with a neurologist who diagnosed such an injury. The defendant's due process claims were also rejected.

Workers' Compensation Appeals BoardTraumatic Brain InjuryExpedited HearingFindings and AwardPetition for ReconsiderationLabor Code section 4610Utilization ReviewPrimary Treating PhysicianAgreed Medical ExaminationWCJ
References
9
Case No. ADJ9084165
Regular
Oct 19, 2015

BOBBY DUCKWORTH vs. LOS ANGELES RAMS, TRAVELERS, SAN DIEGO CHARGERS, INSURANCE COMPANY OF THE WEST, ZENITH INSURANCE COMPANY

The Workers' Compensation Appeals Board denied reconsideration, upholding the finding that the applicant's current claim for cumulative brain injury is not barred by a 1989 compromise and release agreement. The 1989 agreement specifically released claims for orthopedic injuries, and there was no evidence that the applicant knew of or intended to release a brain injury claim at that time. The Board found that the brain injury claim, diagnosed later, involved a distinct injury not contemplated by the earlier settlement. Therefore, the doctrines of res judicata and collateral estoppel did not apply to bar the current claim.

res judicatacollateral estoppelcompromise and releasecumulative injurybrain injurynervous systemorthopedic injurylatent conditiondate of injuryworkers' compensation appeals board
References
13
Case No. ADJ8844834
Regular
Nov 05, 2018

HECTOR GARCIA vs. BARRETT BUSINESS SERVICES, INC.

Applicant sustained industrial injury as a truck driver in 2013, resulting in multiple body part injuries and traumatic brain injury. The employer sought to overturn the WCJ's finding that their Utilization Review (UR) determination for applicant's continued inpatient care was untimely. The Appeals Board affirmed the WCJ's decision, finding the UR was indeed untimely under Labor Code section 4610(i) for failing to meet the 72-hour timeframe for concurrent review in cases of imminent health threats. Consequently, applicant's continued inpatient care at CNS was authorized.

Utilization ReviewLabor Code Section 4610(i)Concurrent ReviewTimelinessIndependent Medical ReviewInpatient CareCenter for Neuro SkillsRequest for AuthorizationPrimary Treating PhysicianMedical Treatment
References
4
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