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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

Jul 07, 1986

Claim of Grandinetti v. Syracuse University

This case concerns an appeal from a Workers’ Compensation Board decision finding a claimant totally industrially disabled following a compensable back injury in 1982. The self-insured employer challenged this determination, asserting the claimant was only partially disabled and that his failure to complete a rehabilitation program and refusal to undergo a myelogram should preclude a total disability finding. The court affirmed the Board's decision, citing abundant medical evidence supporting total disability, the claimant’s age, work experience, and limited education. The court also found the claimant’s refusal of a myelogram and potential laminectomy to be reasonable given the associated dangers and his family's adverse experiences.

Industrial DisabilityBack Injury CompensationMedical Treatment RefusalVocational RehabilitationEmployer LiabilityDisability AssessmentAppellate ReviewMedical Expert OpinionPre-existing InjurySpinal Injury

References

Case No. MISSING

Regular Panel Decision

Claim of Reitzen v. Brooklyn Carpet Exchange

The case involves an appeal from decisions of the Workers’ Compensation Board concerning a claimant who sustained a permanent partial disability from a back injury. Despite unanimous medical recommendation for a myelogram and potential surgery, the claimant refused treatment. The Board found his refusal reasonable due to 'subjective fear with a severe psychiatric overlay.' The employer and its insurance carrier appealed, arguing the refusal was unreasonable. The appellate court affirmed the Board's decision, citing substantial evidence that the claimant's rejection of treatment was based on more than groundless fear.

Permanent Partial DisabilityBack InjuryMedical Treatment RefusalMyelogramSurgeryPsychiatric OverlayReasonable RefusalAppellate ReviewEmployer LiabilityInsurance Carrier Liability

References

Case No. MISSING

Regular Panel Decision

Mar 29, 1983

Claim of Morgante v. Southeastern Public Service Co.

The Workers' Compensation Board's decision, filed March 29, 1983, was affirmed on appeal. The Board had reversed an administrative law judge's disallowance, reinstating an award for total disability to the claimant. The claimant suffered a back injury in November 1979 while loading logs, which led to a myelogram and a decompressive laminectomy. Despite initial conflicting medical evidence and testimony regarding the causal link to employment and employer notice, the Board found the accident arose out of and in the course of employment. The appellate court upheld the Board's decision, stating that the resolution of conflicting facts and credibility issues are beyond its review, provided a sufficient evidentiary basis exists for the Board's factual determination.

Workers' Compensation AppealCausationCredibility AssessmentConflicting Medical EvidenceAccident Arising Out of EmploymentCourse of EmploymentLumbar InjuryMyelogramLaminectomyBoard Decision Review

References

Case No. MISSING

Regular Panel Decision

Ferguson v. Wolkin

Plaintiff was injured in an automobile accident, leading to a disability leave from her employment at Harrison Radiator. Pursuant to a collective bargaining agreement and likely an insurance carrier's request, she was examined by the defendant, an Impartial Medical Opinion Examiner. The defendant reported that the plaintiff was fit to return to work. Plaintiff returned to work and subsequently suffered a back injury, alleging it was caused by her premature return due to the defendant's negligent report, which she claimed failed to adequately consider a myelogram. The defendant moved for summary judgment, arguing a lack of physician-patient duty beyond the examination itself, or immunity. The court granted the defendant's motion, concluding that no physician-patient relationship extended to the reporting of medical findings in this context.

Medical MalpracticePhysician-Patient RelationshipImpartial Medical ExaminerSummary JudgmentDuty of CareDisability ClaimWorkers' CompensationAutomobile AccidentBack InjuryMyelogram

References

Case No. MISSING

Regular Panel Decision

Apr 12, 1996

Van Guilder v. Sands Hecht Construction Corp.

This case involves an appeal from a judgment in an action under Labor Law § 240 (1). The judgment, entered April 12, 1996, awarded damages for past pain and suffering and past lost earnings, but zero for future damages. The court unanimously affirmed the judgment. The central issue was whether the trial court correctly instructed the jury on mitigation of damages, specifically regarding the plaintiff's refusal to undergo a myelogram, a test repeatedly recommended by his treating orthopedist for diagnosis and potential surgery. The appellate court found ample evidence to justify the mitigation charge, citing the physician's recommendation and the plaintiff's failure to attend physical therapy or seek employment. The court also affirmed the damage award, finding it reasonable given conflicting medical testimony about a herniated disc and inconsistencies in the plaintiff's testimony about his post-accident lifestyle and efforts to find work.

Labor Law § 240 (1)DamagesMitigation of DamagesMyelogramMedical DiagnosisRefusal of TreatmentPain and SufferingLost EarningsHerniated DiscWorkers' Compensation Board

References

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Claim of Grandinetti v. Syracuse University

Claim of Reitzen v. Brooklyn Carpet Exchange

Permanent Partial DisabilityBack InjuryMedical Treatment RefusalMyelogramSurgeryPsychiatric OverlayReasonable RefusalAppellate ReviewEmployer LiabilityInsurance Carrier Liability

Claim of Morgante v. Southeastern Public Service Co.

Workers' Compensation AppealCausationCredibility AssessmentConflicting Medical EvidenceAccident Arising Out of EmploymentCourse of EmploymentLumbar InjuryMyelogramLaminectomyBoard Decision Review

Ferguson v. Wolkin

Medical MalpracticePhysician-Patient RelationshipImpartial Medical ExaminerSummary JudgmentDuty of CareDisability ClaimWorkers' CompensationAutomobile AccidentBack InjuryMyelogram

Van Guilder v. Sands Hecht Construction Corp.

Labor Law § 240 (1)DamagesMitigation of DamagesMyelogramMedical DiagnosisRefusal of TreatmentPain and SufferingLost EarningsHerniated DiscWorkers' Compensation Board