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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

Claim of Piccoli v. New York State Police

A State trooper, while on duty, fainted and sustained a chin laceration during a blood draw from a suspect. His claim for workers' compensation was initially found compensable by an Administrative Law Judge but reversed by the Workers’ Compensation Board, which determined his fainting was not employment-caused. The Board concluded that there was substantial evidence to overcome the statutory presumption that the injury arose out of employment. This appeal affirmed the Board's decision.

Fainting injuryState trooperWorkers' Compensation LawStatutory presumptionEmployment injuryBlood draw incidentCausationSubstantial evidenceBoard decisionAppellate review
References
2
Case No. ADJ10958168
Regular
Apr 09, 2019

LYN SAMUEL JEFFERS vs. GLENDALE ADVENTIST MEDICAL CENTER, ADVENTIST HEALTH

This case involves a worker's compensation applicant who claimed her left knee injury occurred when she fainted at work on February 8, 2017. Medical reports from her treating physicians documented acute left knee pain, a torn lateral meniscus, degenerative changes, and temporary total disability following the incident. The Workers' Compensation Appeals Board found the applicant's testimony credible, supported by medical evidence, and determined the injury arose out of and occurred in the course of employment. Therefore, the employer's petition for reconsideration was denied.

AOE/COEPrimary Treating PhysicianTemporary Total DisabilityPreponderance of the EvidenceSubstantial EvidenceWCJ CredibilityPetition for ReconsiderationLateral Meniscus TearDegenerative ChangesChondromalacia
References
1
Case No. MISSING
Regular Panel Decision
Feb 03, 2005

Lajqi v. New York City Transit Authority

The Supreme Court, Bronx County, granted the plaintiffs' motion for partial summary judgment on the issue of liability, citing Labor Law § 240 (1). This decision was unanimously affirmed on appeal. The case involves an injured worker, Shpend Lajqi, who was not provided with adequate safety devices at a construction site, leading to a fall. The court found that the defendants' failure to provide proper safety devices was a proximate cause of the accident. Even a pre-existing medical condition that might have caused fainting or dizziness was not considered the sole proximate cause, thus not absolving the defendants of their responsibility under the Labor Law.

Labor LawScaffolding LawConstruction Site SafetySummary JudgmentLiabilityProximate CauseSafety DevicesElevation RiskNondelegable DutyWorker Injury
References
3
Case No. MISSING
Regular Panel Decision

Claim of Booker v. Intermagnetics General Corp.

Claimant fainted at her workstation, suffering a traumatic head injury. She filed for workers' compensation, which the employer and carrier controverted. A Workers' Compensation Law Judge determined the injury arose out of and in the course of employment, applying the Workers' Compensation Law § 21 (1) presumption, and found the carrier's rebuttal evidence speculative. The Workers' Compensation Board affirmed this decision. The Appellate Division affirmed the Board's decision, concluding that the carrier's medical expert's opinion, attributing the collapse to metabolic acidosis from prior alcohol/substance abuse, was insufficient to overcome the statutory presumption, especially given evidence of 18 months of sobriety.

Workers' Compensation LawStatutory PresumptionAccidental InjuryArising Out of EmploymentCourse of EmploymentUnwitnessed AccidentEmployer LiabilityCarrier RebuttalMedical Expert TestimonyMetabolic Acidosis
References
8
Case No. MISSING
Regular Panel Decision
Mar 29, 2002

Hollingshed v. Levine

Ms. Macauley, an employee of Montefiore Medical Center, presented to the hospital's Employee Health Service (EHS) with calf pain. Despite concerns about deep vein thrombosis (DVT) and a subsequent ultrasound, she was later treated in the emergency room for fainting by a different doctor unaware of her EHS visit. Ms. Macauley died shortly thereafter from a pulmonary embolism due to DVT. Her estate sued the hospital for negligence in diagnosis. The IAS court granted the hospital's motion to add a workers' compensation defense and dismiss the complaint, asserting it was the exclusive remedy. The appellate court reversed, ruling that the emergency room services were not exclusively employer-provided or paid for, making the workers' compensation defense inapplicable, and reinstated the complaint against the hospital.

Workers' Compensation LawEmployer LiabilityMedical MalpracticeWrongful DeathDeep Vein Thrombosis (DVT)Pulmonary EmbolismEmergency Room NegligenceEmployee Health ServicesExclusive RemedySummary Judgment
References
10
Case No. MISSING
Regular Panel Decision

Joline v. City of New York

In a case concerning personal injuries and wrongful death, plaintiffs appealed two decisions from the Supreme Court, Queens County. The initial action arose after their decedent fainted and died following treatment by Emergency Medical Services with a malfunctioning Laerdal defibrillator. The Supreme Court denied summary judgment for the City of New York, New York City Fire Department, and New York City Health and Hospitals Corporation, but granted it for Laerdal Medical Corporation. On appeal, the plaintiffs' appeal regarding Laerdal was dismissed, and both the denial of the City's motion and the grant of Laerdal's motion for summary judgment were affirmed. The appellate court found the City failed to establish a lack of special relationship, while Laerdal successfully demonstrated the defibrillator failed due to expired batteries rather than defective design.

Personal InjuryWrongful DeathSummary JudgmentMunicipal ImmunitySpecial RelationshipDefibrillator FailureProduct LiabilityAppellate PracticeAffirmationDismissal
References
11
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