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

Case No. 2021 NY Slip Op 07264 [202 AD3d 125]
Regular Panel Decision
Dec 22, 2021

Siegel v. Snyder

This case addresses the quality-assurance privilege and the party-statement exception under New York's Education Law and Public Health Law, regarding the discoverability of medical peer-review meeting minutes. The plaintiff sought minutes from a Trauma Peer Review Committee concerning a decedent's treatment, to which defendants asserted privilege. The Appellate Division clarified that the burden lies with the party claiming privilege to prove that unidentified statements in the minutes were made by nonparties, thus ruling that statements with unidentified speakers are discoverable under the party-statement exception. However, the court also determined that references to future corrective actions in the minutes are protected from disclosure. The Supreme Court's order was modified to reflect these findings, affirming the discoverability of unidentified statements while granting a protective order for subsequent corrective action discussions.

Medical MalpracticeQuality Assurance PrivilegePeer ReviewParty Statement ExceptionEducation LawPublic Health LawDiscoveryConfidentialityHospital RecordsUnidentified Speaker
References
42
Case No. MISSING
Regular Panel Decision

Keith v. Scruggs

Plaintiff William Bradford Keith sued Earl Scruggs and Peer International Corporation, alleging breach of an oral agreement from 1963 regarding a banjo instruction book and record album. Keith claimed he co-authored the works and was promised a share of profits and royalties, which he did not receive after Peer purchased the rights from Scruggs and published the works. He predicated federal jurisdiction on the Copyright Acts of 1909 and 1976, seeking co-ownership of federal copyrights. Defendants moved to dismiss for lack of subject matter jurisdiction, arguing the claims do not 'arise under' copyright laws, a contention the court agreed with. The court ruled that actions to establish title do not arise under copyright laws, and the essence of Keith's claims was breach of contract or common law principles, thus belonging in state court, and consequently, the motion to dismiss was granted without prejudice.

Copyright LawFederal JurisdictionSubject Matter JurisdictionBreach of ContractOral AgreementCo-ownership of CopyrightLiterary PropertyMusic PublishingMotion to DismissCopyright Act of 1909
References
9
Case No. ADJ4699108
Regular
Oct 10, 2008

JUAN PARRA vs. CARNIVAL FUMIGATION, STATE COMPENSATION INSURANCE FUND

This case involves a lien claimant, La Peer Surgery Center, seeking payment for facility fees related to chiropractic manipulations under anesthesia. The Workers' Compensation Appeals Board denied the claimant's petition for reconsideration, upholding the original finding that the services were neither reasonable nor necessary. The decision was based on the fact that manipulations under anesthesia are not recommended by the ACOEM guidelines, and the lien claimant failed to provide evidence to rebut this presumption.

Lien claimantReconsiderationFinding of Fact and OrderCarnival FumigationState Compensation Insurance FundLa Peer Surgery Centercompromise and releasereasonable and necessarymedical treatmentLabor Code section 4903(b)
References
8
Case No. ADJ10091615
Regular
Oct 20, 2016

Joan De Silva vs. Mission Hospital, SEDGWICK 14442 ORANGE

Here's a summary of the case for a lawyer, in four sentences: The Workers' Compensation Appeals Board granted Mission Hospital's Petition for Removal, rescinding an order that denied their motion to quash two subpoenas. The Board found the subpoenas overbroad and potentially sought documents protected by Evidence Code section 1157 (hospital peer review) and HIPAA (confidential patient information). Furthermore, the Board determined the subpoenas lacked sufficient specificity regarding the scope of records requested. The case was returned to the trial level for a hearing to address these concerns and determine the appropriate scope of discovery.

Petition for RemovalMotion to Quash SubpoenaSubpoena Duces TecumEvidence Code Section 1157HIPAAPeer Review CommitteesInfectious Control ReportsOperating RoomRedactionOverbroad Discovery
References
6
Case No. MISSING
Regular Panel Decision

Claim of Parrinello v. New York City Transit Authority

Claimant, a level II supervisor, experienced chest pains and lightheadedness at work, leading to a diagnosis of stress. He sought workers' compensation benefits for work-related heart problems, anxiety, and depression. Initially, a Workers’ Compensation Law Judge awarded benefits, finding a work-related accident. However, the Workers’ Compensation Board reversed, ruling that the claimant's stress was not greater than that experienced by other similarly situated workers. The Appellate Division affirmed the Board's decision, citing substantial evidence that the claimant failed to demonstrate exceptional stress compared to his peers, which is a prerequisite for compensability of work-related stress claims.

Work-related StressWorkers' Compensation BenefitsAppellate ReviewPsychological InjurySupervisor StressSubstantial EvidenceClaim DenialBoard ReversalMedical EvidenceEmployment Stress
References
4
Case No. ADJ8897698
Regular
Feb 19, 2015

MICHAEL GIBSON vs. ORANGE COUNTY TRANSIT AUTHORITY

In this workers' compensation case, the Appeals Board granted reconsideration and reversed the initial denial of the applicant's appeal concerning tinnitus masking treatment. The Board found that the Administrative Director's (AD) Independent Medical Review (IMR) determination was invalid because the reviewer failed to follow the statutorily mandated hierarchy of standards for assessing medical necessity. Specifically, the IMR reviewer improperly relied on Medicare guidelines without first considering peer-reviewed scientific and medical evidence, as required by Labor Code section 4610.5(c)(2). Consequently, the case was remanded to the AD for a new IMR by a different reviewer.

Independent Medical ReviewLabor Code section 4610.6(h)Tinnitus masking treatmentMedical necessityPlainly erroneous finding of factOrdinary knowledgeExpert opinionAdministrative DirectorUtilization ReviewSection 4610.5(c)(2) hierarchy
References
0
Case No. MISSING
Regular Panel Decision

Graziano v. New York State Police

Plaintiff John R. Graziano sued the New York State Police (NYSP) under Title VII, alleging gender discrimination, hostile work environment, and constructive discharge. He claimed female co-workers harassed him following an earlier sexual harassment complaint against him. Graziano cited disputes over peer review, exclusion from assignments, and workplace confrontations as evidence of gender-motivated animus. Defendant moved for summary judgment, arguing a lack of evidence for constructive discharge or gender discrimination, and that co-worker actions were not attributable to NYSP. The court granted summary judgment, finding no factual basis that the alleged conduct was motivated by gender, thereby dismissing the complaint.

Title VIIgender discriminationhostile work environmentconstructive dischargesummary judgmentforensic scientistworkplace harassmentNew York State Policemale plaintiffco-worker disputes
References
14
Case No. MISSING
Regular Panel Decision

Reitman v. Mills

Petitioner's license to practice as a certified social worker was revoked in 1988 after pleading guilty to sodomy in the second degree. Following probation, he sought restoration of his license, citing rehabilitation efforts. Despite a peer subcommittee's recommendation for restoration, the Committee on the Professions and the Board of Regents recommended denial, a decision upheld by the Commissioner of Education. Petitioner's CPLR article 78 proceeding challenging this denial was dismissed by the Supreme Court. On appeal, the judgment was affirmed, with the court finding no abuse of discretion given the gravity of the offense, the petitioner's admitted ongoing struggles with sexual attraction to adolescent males, and concerns regarding public safety, especially as he intended to operate a private practice from his home.

License RestorationProfessional MisconductSodomyFelony ConvictionRehabilitationPublic SafetyJudicial ReviewAdministrative DiscretionSocial WorkerAppellate Affirmation
References
5
Case No. 2023 NY Slip Op 04165 [219 AD3d 998]
Regular Panel Decision
Aug 03, 2023

Matter of Sakanovic v. Utica Mut. Ins. Co.

Claimant Zemira Sakanovic appealed a Workers' Compensation Board decision from November 12, 2021, which denied her claim for workers' compensation benefits, ruling she did not sustain a causally-related psychological injury. Sakanovic, an auditor, alleged stress and anxiety from work on October 21, 2020, leading to elevated blood pressure and physical symptoms. The Board affirmed the WCLJ's disallowance, finding that her workplace stress was not greater than that experienced by similarly situated workers, and any increase in stress resulted from a good-faith personnel decision. The Appellate Division affirmed the Board's decision, concluding that the evidence did not establish that the pressures Sakanovic encountered were greater than those experienced by her peers, and her physical symptoms of hypertension did not obviate the need to prove exceptional stress.

Psychological InjuryWorkplace StressWorkers' Compensation BenefitsCausationSimilarly Situated WorkersGood-Faith Personnel DecisionElevated Blood PressureAnxiety AttackAppellate ReviewSubstantial Evidence
References
20
Case No. MISSING
Regular Panel Decision

Times Mirror Magazines, Inc. v. Houghton

This case concerns a petition to annul a determination by the New York State Division of Human Rights, which had found that the petitioner, an employer, discriminated against an employee (complainant-respondent) based on age. The Supreme Court, New York County, transferred the petition, which was subsequently granted. The court annulled the Division's determination, concluding that there was insufficient evidence to support the finding of age discrimination. The record indicated that the complainant was terminated due to a failure to meet sales quotas and performance expectations, rather than age-related reasons. Evidence presented highlighted that a younger predecessor was also terminated for poor performance, the complainant's performance was significantly worse than her peers, she was hired at age 53, and the workplace had a diverse age demographic with older, high-performing employees.

Age DiscriminationEmployment TerminationSales PerformanceJudicial ReviewAdministrative LawHuman Rights LawExecutive LawEvidentiary StandardsBurden of ProofAppellate Review
References
3
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