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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

Kevin M. v. South Beach Psychiatric Center

Kevin M. was arrested for stalking Grammy-winning singer Robyn Fenty (Rihanna) after sending her hundreds of delusional letters and frequently appearing near her Manhattan apartment. Found unfit to stand trial, he was civilly committed to South Beach Psychiatric Center (SBPC). During a subsequent hearing, medical experts testified to his severe psychotic disorder, continuous delusions, and assessment as a danger to himself and others. The court denied Kevin M.'s application for release, finding existing Mental Hygiene Law inadequate to protect Ms. Fenty. Exercising its general equity jurisdiction, the court issued a permanent injunction and an order of protection, prohibiting Kevin M. from any contact with Ms. Fenty or her properties, and allowing for immediate arrest if violated, addressing perceived gaps in New York law concerning dangerously mentally ill individuals with specific targets.

StalkingMental IllnessInvoluntary CommitmentOrder of ProtectionPermanent InjunctionPsychotic DisorderPublic SafetyCriminal Procedure LawMental Hygiene LawEquity Jurisdiction
References
23
Case No. MISSING
Regular Panel Decision

People v. Fratt

The defendant, charged with second-degree murder, provided notice of intent to present psychiatric evidence from Dr. Martha Rosen, a defense-retained psychologist, who would testify about dependent personality disorder and 'battered woman's syndrome.' The prosecution subsequently moved for an order compelling Dr. Rosen to prepare a report outlining her findings and evaluations, and for the discovery of her notes. The court granted the prosecution's motion, ruling that the defendant waived psychologist-patient privilege by placing her mental state at issue. The court further held that CPL 250.10, read in conjunction with CPLR 3101(d), requires the defense to provide a detailed notice of psychiatric evidence, including expert qualifications, examination details, relied-upon materials, diagnostic opinions, and the bases for those opinions. The court denied the motion for a pretrial hearing as premature.

Psychiatric EvidenceDiscoveryExpert TestimonyPsychologist-Patient PrivilegeWaiver of PrivilegeCriminal Procedure LawCivil Practice Law and RulesMental StateBattered Woman's SyndromeForensic Evaluation
References
14
Case No. 2017 NY Slip Op 08907 [156 AD3d 1132]
Regular Panel Decision
Dec 21, 2017

Claim of Kraus v. Wegmans Food Markets, Inc.

Claimant, Gerard J. Kraus, a workers' compensation claims adjustor for Wegmans Food Markets, Inc., was terminated due to inconsistent application of a no-fault policy, which led to him receiving threats from unionized employee drivers. He subsequently filed for workers' compensation benefits, alleging a psychiatric occupational disease, including posttraumatic stress disorder (PTSD), depression, anxiety, panic disorder, and insomnia, stemming from work-related stress and threats. The Workers' Compensation Board found that claimant sustained a causally-related accidental psychiatric injury and rejected the employer's contention that claimant violated Workers' Compensation Law § 114-a. The Board also denied the employer's application for reconsideration, full Board review, and a rehearing, deeming some filings untimely. The Appellate Division, Third Department, affirmed the Board's decisions, concluding that the Board's determination of a compensable work-related psychiatric injury was supported by substantial evidence and that the Board properly exercised its discretion in its procedural rulings.

Psychiatric InjuryPTSDWorkplace StressCausationWorkers' Compensation BenefitsEmployer PolicyEmployee TerminationAdministrative ProcedureAppellate DivisionSufficiency of Evidence
References
18
Case No. MISSING
Regular Panel Decision

Mott v. Central New York Psychiatric Center

The claimant, a guard at a state-run psychiatric center, suffered a work-related injury and received workers’ compensation benefits. During his disability, he used personal leave time for which he received full wages. The employer sought reimbursement for these advance payments, but the Workers’ Compensation Board denied reimbursement for the personal leave portion. The Appellate Division reversed this decision, differentiating personal leave from sick leave by noting that personal leave could not be accrued or converted, thus not conferring a permanent benefit to the employer or a detriment to the claimant. The court concluded that denying reimbursement would result in the claimant receiving both full wages and compensation for the same period, a disfavored outcome, and therefore, reimbursement should be granted.

ReimbursementAdvance PaymentsPersonal LeaveSick LeaveWorkers' Compensation BenefitsDisabilityEmployer ReimbursementDisproportionate ResultAppellate DivisionNew York
References
9
Case No. MISSING
Regular Panel Decision

Claim of Regenbogen v. New York State Willard Psychiatric Center

The case involves an appeal regarding a workers' compensation claim for mental injury filed by a former employee of Willard Psychiatric Center, who later worked for the Workers’ Compensation Board. The claim, initially found compensable, faced jurisdictional challenges after a March 1997 amendment to Workers’ Compensation Law § 20 (2) (a) mandated neutral arbitration for Board employees' claims pending on or after its effective date. The court found that the Workers’ Compensation Board lacked jurisdiction to issue its June 1997 amended decision because the claim was still 'pending' after the amendment's effective date. Consequently, the court reversed the Board's decisions and remitted the entire matter for arbitration, emphasizing that the legislative intent was to remove any appearance of partiality in such claims.

Workers' Compensation BoardJurisdictional DisputeRetroactive Application of LawStatutory AmendmentArbitration MandateMental Stress ClaimAppellate ProcedurePending ClaimsBoard Employee ClaimsAdministrative Law
References
5
Case No. MISSING
Regular Panel Decision

Claim of Keser v. New York State Elmira Psychiatric Center

This case addresses whether late payment penalty provisions of Workers’ Compensation Law § 25 (3) (f) apply to reimbursements made by an employer’s compensation carrier for wages paid during an employee's disability, and if so, whether they apply when reimbursement is in a form other than monetary payment to the employee. The Court affirmed the Appellate Division's decision, answering both questions in the affirmative. A 20% penalty was upheld against the State Insurance Fund for late reimbursement to the New York State Elmira Psychiatric Center, the employer of claimant Peter Keser. The ruling emphasizes that for penalty purposes, no distinction should be made between awards payable directly to claimants and those payable to an employer as reimbursement, and the mechanics of payment (e.g., accounting credit) do not alter the need for timely compliance with award terms, promoting prompt payment of workers' compensation benefits.

Workers' CompensationLate Payment PenaltyEmployer ReimbursementDisability BenefitsStatutory InterpretationSection 25(3)(f)Compensation DefinitionCarrier LiabilityPrompt PaymentAccrued Leave
References
6
Case No. 13-ev-3288; 13-cv-4244
Regular Panel Decision

Alzheimer's Disease Resource Center, Inc. v. Alzheimer's Disease & Related Disorders Ass'n

This case involves two related lawsuits stemming from the disaffiliation of the Alzheimer’s Disease Resource Center, Inc. (ADRC) from the Alzheimer’s Disease and Related Disorders Association (the Association). In case 13-ev-3288, ADRC alleged unfair competition, false advertising, and other claims. The Court denied dismissal for false advertising under the Lanham Act, New York General Business Law § 349, and unjust enrichment, but granted dismissal for trademark infringement, common law unfair competition, UCC violations, conversion, tortious interference, and fraud. In case 13-cv-4244, ADRC alleged breach of contract and misappropriation of trade secrets related to donor lists. The Court granted the Association's motion to dismiss this complaint in its entirety. Punitive damages were stricken for Lanham Act and unjust enrichment claims.

Unfair CompetitionLanham ActFalse AdvertisingTrademark InfringementNew York General Business Law § 349Unjust EnrichmentMotion to DismissBreach of ContractTrade Secret MisappropriationConversion
References
55
Case No. MISSING
Regular Panel Decision
Feb 03, 1981

Claim of Podlish v. McGraw Edison Co.

The Workers' Compensation Board affirmed its decisions, finding that the claimant suffered from a pre-existing psychiatric disorder that was dormant and not disabling. An injury on June 15, 1970, activated this condition, resulting in a causally related total disability. The Board ruled that the claimant has a permanent total causally related disability. Consequently, the employer and carrier were not entitled to an apportionment of the claimant's disability between the compensable accident and the underlying psychiatric disorder.

permanent total disabilitycausally related disabilitypre-existing psychiatric disorderdormant conditionactivation of conditionapportionment of disabilityWorkers' Compensation Boardinjurymedical conditionpsychiatric disorder
References
1
Case No. MISSING
Regular Panel Decision

Claim of Guz v. Jewelers Machinist, Inc.

A factory worker claimant sustained a work-related injury in March 2002, leading to a claim for workers’ compensation benefits. The case was established for bilateral carpal tunnel syndrome, later amended to include a neck injury and aggravated back condition. In 2007, a major depressive disorder was added, and a Workers’ Compensation Law Judge initially found a causally related psychiatric disability. However, the Workers’ Compensation Board reversed this finding. The claimant appealed this reversal. The appellate court affirmed the Board’s decision, noting that the claimant bears the burden of establishing a causal relationship with competent medical evidence and that the Board is the sole judge of witness credibility. The court found that the Board’s determination, which was based on rejecting the claimant's treating psychiatrist's testimony due to lack of complete information and relying on subjective accounts, was supported by substantial evidence.

Psychiatric DisabilityMajor Depressive DisorderCausationMedical EvidenceExpert TestimonyWitness CredibilityWorkers’ Compensation BenefitsCarpal Tunnel SyndromeNeck InjuryBack Condition
References
11
Case No. ADJ9067297
Regular
Dec 02, 2014

GUILLERMINA VILLAVICENCIO vs. IVY HILL/CINRAM, SENTRY SELECT INSURANCE

The Workers' Compensation Appeals Board granted reconsideration of the WCJ's decision regarding Guillermina Villavicencio's admitted industrial injury to her low back. The Board found insufficient evidence to determine psychiatric permanent disability, deferring this issue and requiring further record development regarding permanent disability, apportionment, and medical treatment for her sleep disorder. The case is returned to the trial level for further proceedings and a new decision by the WCJ on these deferred issues. A dissenting commissioner agreed with deferring sleep disorder issues but would have affirmed the WCJ's finding of no psychiatric permanent disability.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardAdministrative Law JudgeIndustrial InjuryLow BackMachine OperatorPsycheSleep DisorderPermanent Disability
References
3
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