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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

Bermejo v. New York City Health & Hospitals Corp.

The plaintiff's attorney secretly videotaped an Independent Medical Examination (IME) and revealed it at trial, causing a mistrial. The trial judge, Justice Duane A. Hart, accused the defendant's orthopedist of perjury and threatened his career. On appeal, the court found the attorney's secret recording and non-disclosure a violation of CPLR 3101(i) and deemed the conduct frivolous. The appellate court also determined that the orthopedist did not lie and that the trial judge's intimidation made him unavailable as an expert witness. The court reversed the trial court's decision, granting the defendants a new IME and ordering the plaintiff's counsel to pay the defendants' costs. The case was remitted to a different Justice for further proceedings.

Personal injuryIndependent Medical ExaminationVideotaping IMEDiscovery rulesAttorney misconductMistrialPerjury allegationsJudicial biasAppellate procedureSanctions
References
38
Case No. MISSING
Regular Panel Decision

Claim of Estanluards v. American Museum of Natural History

Claimant appealed a Workers' Compensation Board decision that precluded reports from physician Douglas Schwartz regarding schedule loss of use. Claimant argued Schwartz was an attending physician, not subject to Independent Medical Examination (IME) regulations, or that his reports substantially complied. The Board affirmed, finding Schwartz's examinations were IMEs as he did not treat the claimant. The court affirmed the Board's decision, noting Schwartz's reports lacked proper distribution and certification, failing to meet Workers' Compensation Law § 137 requirements for IME reports. The court also rejected the argument that the statute only applies to employer-initiated IMEs, emphasizing its intent to prevent fraudulent alterations regardless of who initiated the IME.

IME reportsSchedule Loss of UseWorkers' Compensation Law § 137Attending PhysicianIndependent Medical ExaminationReport PreclusionCertificationStatutory ComplianceAppellate ReviewPermanent Partial Disability
References
3
Case No. 01-07-00747-CV
Regular Panel Decision
Dec 06, 2007

in Re Michael Medina

Relators, 55 individuals referred to as "the Medina Plaintiffs," filed a petition for writ of mandamus challenging a trial court's order authorizing independent medical examinations (IMEs) to assess their physical and mental injuries. The Medina Plaintiffs are workers who suffered injuries from the British Petroleum Texas City Refinery explosion and subsequently sued their former attorney, Ammons, for legal malpractice, alleging he settled their personal injury suit before their future medical care was resolved and without fully assessing their claims. Ammons sought IMEs for all 55 plaintiffs. The Court of Appeals for the First District of Texas held that the trial court did not abuse its discretion in ordering physical IMEs for all plaintiffs, as their physical condition was in controversy due to the "suit-within-a-suit" nature of the malpractice claim. However, the appellate court found that the trial court abused its discretion by granting a global order for psychological IMEs for all plaintiffs, as the evidence did not show that all plaintiffs asserted mental injury beyond the normal distress accompanying physical injury, nor had they designated psychological experts. The Court conditionally granted the petition for writ of mandamus regarding the psychological IMEs, requiring the trial judge to rescind that portion of the order.

MandamusIndependent Medical ExaminationLegal MalpracticePersonal InjuryPsychological InjuryPhysical InjuryAbuse of DiscretionTexas LawCivil ProcedureGood Cause
References
7
Case No. CV-22-2040
Regular Panel Decision
Mar 14, 2024

In the Matter of the Claim of George Mina

Claimant George Mina appealed a Workers' Compensation Board decision that found his failure to attend independent medical examinations (IMEs) unreasonable. Mina, who injured his back in December 2020, missed two scheduled IMEs in Manhattan, citing the unreasonableness of travel from his New Jersey residence. A Workers' Compensation Law Judge initially found no good cause for his absence but directed the employer to schedule an IME within 30 miles of his home. The Board affirmed this decision, which was subsequently upheld by the Appellate Division, Third Judicial Department, citing that the IME location in Manhattan (22.3 miles from claimant's residence) was within a "reasonable distance" as per Workers' Compensation Law § 137 (4).

Workers' CompensationIndependent Medical ExaminationIMETravel DistanceUnreasonable RefusalSuspension of PaymentsBack InjuryNew Jersey ResidenceManhattan IMEAppellate Division
References
4
Case No. MISSING
Regular Panel Decision
Jul 07, 2004

Claim of Stoudenmyre v. Loretto Rest Nursing Home

Claimant, a personal care aide, sustained a foot injury and her workers' compensation claim was established. Subsequently, an independent medical examination (IME) report was requested to address permanency. Claimant moved to preclude the IME report, arguing it was improperly mailed by Brookside Consultants, Inc., an IME services company, instead of the physician, violating Workers' Compensation Law § 137. The Workers' Compensation Law Judge denied the motion, which the Board affirmed. This Court affirmed the Board's decision, ruling that properly registered IME services companies are authorized to perform administrative functions like mailing reports, thereby substantially complying with Workers' Compensation Law § 137, as established in Matter of Clark v Siara Mgt., Inc.

IME reportmailing proceduresWorkers' Compensation Lawadministrative functionspermanency of injuryindependent medical examinationmedical reportsreport submissionappellate reviewBoard affirmation
References
1
Case No. MISSING
Regular Panel Decision
Jul 06, 1999

Paisley Park Enterprises, Inc. v. Uptown Productions

This memorandum opinion addresses the defendants' request to videotape the deposition of plaintiff Prince Rogers Nelson. Plaintiffs opposed, arguing the defendants, publishers of an unofficial fan magazine "Uptown" and a website, intended to commercially exploit the footage rather than use it for legitimate litigation purposes. The Court acknowledged the plaintiffs' well-founded concerns regarding potential non-litigation commercial use by the defendants, while also recognizing a bona fide litigation purpose for the videotaping. Consequently, the Court granted permission for the videotaping but imposed strict protective conditions. These conditions mandate that the videotape be used solely for the litigation, requiring a jointly selected videographer, only one original tape, and a mutually agreeable non-party custodian to safeguard the recording from unauthorized viewing, auditing, or copying.

Videotaped DepositionProtective OrderCelebrity DepositionCommercial Use of DiscoveryRule 30(b)(2) Federal Rules of Civil ProcedureCopyright InfringementTrademark InfringementIntellectual PropertyDeposition ConditionsLitigation Purposes Only
References
11
Case No. MISSING
Regular Panel Decision

Claim of Gabak v. New Venture Gear

The claimant sustained a left knee injury, and an independent medical examination (IME) in August 2003 concluded no ongoing work-related disability. Subsequently, a Workers’ Compensation Law Judge (WCLJ) suspended benefits and later precluded the IME report due to untimely filing. The WCLJ also granted the employer's request to cross-examine the treating physician and ordered continued payments. The Workers’ Compensation Board affirmed the WCLJ's decision, which the appellate court further affirmed. The appellate court found that the faxed IME report on August 11, 2003, did not substantially comply with filing requirements, and the official report with IME-4 form was received untimely on August 21, 2003. It also ruled that the doctrine of laches did not apply, upholding the order for continued payments.

Independent Medical ExaminationTimely FilingWorkers' Compensation BoardAppellate ReviewMedical Evidence PreclusionLaches DoctrineCausalityContinuing DisabilityWorkers' Compensation Law § 137NYCRR 300.2 Filing Requirements
References
2
Case No. 534963
Regular Panel Decision
Jun 01, 2023

Matter of Harris v. Department of Envtl. Protection

The claimant, Kevin Harris, a construction worker, filed a workers' compensation claim for work-related injuries to his right shoulder, wrist, and elbow. An orthopedic surgeon, Louis Rose, determined Harris had reached maximum medical improvement and assessed a schedule loss of use (SLU) for these injuries. The self-insured employer challenged Rose's report, arguing his examination was an independent medical examination (IME) and his report failed to comply with statutory and regulatory provisions for IME reports. The Workers' Compensation Board sua sponte agreed that Rose's examination was an IME and precluded his report and testimony due to untimely filing and failure to furnish it to required parties. Consequently, the Board found insufficient evidence for an SLU award. The Appellate Division affirmed the Board's decision, concluding that substantial evidence supported the IME classification and the preclusion of Rose's report due to non-compliance.

Workers' CompensationSchedule Loss of Use (SLU)Independent Medical Examination (IME)Medical Report PreclusionTimely FilingComplianceAppellate ReviewOrthopedic InjuryEmployer Self-InsuredRight Shoulder Injury
References
8
Case No. MISSING
Regular Panel Decision

Claim of Pugliese v. Remington Arms, Inc.

The claimant, employed by Remington Arms, Inc. for over three decades, sought workers' compensation benefits, citing severe depression and anxiety stemming from alleged harassment and falsification of attendance records by a supervisor. Initially, a Workers' Compensation Law Judge denied further adjournments for an independent medical examination (IME) report and cross-examination of the treating psychologist, determining the depression to be an occupational disease. The Workers' Compensation Board subsequently modified this, reclassifying it as a compensable accidental injury. The employer and its carrier appealed, challenging the use of hearsay evidence, the preclusion of their IME report, and the denial of their right to cross-examine the claimant's treating psychologist. The appellate court found sufficient corroboration for the hearsay evidence and upheld the IME report's preclusion due to the carrier's delays. However, the court reversed the denial of cross-examination, stating that the absence of the IME report did not negate the carrier's right, especially given their dispute on causal relationship. Consequently, the case was reversed and remitted to the Workers' Compensation Board for further proceedings.

DepressionAnxietyWorkplace HarassmentAttendance Records FalsificationIndependent Medical ExaminationIME Report PreclusionRight to Cross-ExaminationHearsay EvidenceCorroborating EvidenceOccupational Disease
References
11
Case No. ADJ4478194 (ANA 0379216)
Regular
Nov 25, 2008

MILTON T. WYNN vs. BALTIMORE RAVENS, ATLANTA FALCONS, HOUSTON TEXANS, TAMPA BAY BUCCANEERS, ST. LOUIS RAMS, GULF INSURANCE COMPANY; WARD NORTH AMERICA, INC., Permissibly SelfInsured;, TRAVELERS INSURANCE COMPANY Successor in interest by merger GULF INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration to allow an Independent Medical Examiner (IME) to review newly obtained medical records related to the applicant's pre-existing hip condition. The defendant argued these records were crucial for proper apportionment of permanent disability and that the IME lacked a complete history. The Board rescinded the prior award to develop the medical record further, allowing the IME to provide a supplemental report.

Workers' Compensation Appeals BoardIndependent Medical Examinersubstantial medical evidencebilateral slipped capital femoral epiphysisapportionmentpermanent disabilitycumulative traumaagreed medical examinersupplemental reportnewly discovered evidence
References
4
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