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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
Dec 22, 1987

Claim of Murphy v. Crouse-Irving Memorial Hospital

The claimant, an emergency room physician, suffered transitory ischemic attacks in March 1982, for which he received workers' compensation benefits. He subsequently experienced a stroke in December 1982 and filed a claim, asserting that his prior work-related attacks and the stressful nature of his employment contributed to the stroke. The Workers' Compensation Board ruled in the claimant's favor, accepting his expert's opinion on causal relationship. However, the Appellate Division reversed the Board's decision, finding that the employer's properly filed claim for reimbursement of disability benefits was not included in the award, leading to a double recovery for the claimant. The case was remitted to the Board for further proceedings to provide for the reimbursement of disability benefits.

physicianemergency roomischemic attackstrokecausal relationshipdisability benefitsreimbursementWorkers' Compensation Boardappealmedical evidence
References
3
Case No. MISSING
Regular Panel Decision

Colarossi v. City of New York

The Supreme Court, New York County, initially granted the plaintiff's motion for leave to serve a late notice of claim. However, this decision was unanimously reversed on appeal, and the motion was subsequently denied. The appellate court determined that the plaintiff's reliance on law office failure did not constitute a reasonable excuse for the delay in serving the notice of claim. Additionally, the plaintiff failed to establish that the City had actual notice of the essential facts within the mandated 90-day period or a reasonable time thereafter, as a Workers’ Compensation Board C-3 form provided by the employer did not link the incident to any claim against the City. Furthermore, the court noted that the plaintiff did not demonstrate that the City remained unprejudiced by the significant delay, particularly given the transitory nature of the alleged defective condition.

Late Notice of ClaimLaw Office FailureActual NoticePrejudiceWorkers' Compensation Board FormC-3 FormMunicipal LiabilityAppellate ReviewDiscretionary RulingReversal
References
5
Case No. MISSING
Regular Panel Decision
Feb 14, 2003

Olson v. Wing

Elaine Olson filed a class action seeking a preliminary injunction to prevent the termination of Disaster Relief Medicaid (DRM) benefits without notice of fair hearing rights and aid-continuing. The court addressed defendants' mootness argument, applying the "capable of repetition, yet evading review" doctrine due to the transitory nature of the claims. Finding the lower preliminary injunction standard applicable, the court determined that the class faced irreparable harm, citing instances of individuals foregoing critical medical treatment. The court found a substantial likelihood of success on the merits, concluding that DRM recipients, particularly those eligible for traditional Medicaid, are entitled to aid-continuing. Consequently, the preliminary injunction was granted, ordering defendants to provide proper notice and aid-continuing to affected DRM recipients.

Medicaid BenefitsDisaster Relief MedicaidAid-ContinuingDue ProcessFair HearingClass ActionPreliminary InjunctionGovernment BenefitsMootnessIrreparable Harm
References
23
Case No. MISSING
Regular Panel Decision

In re Serviços de Petróleo Constellation S.A.

The U.S. Bankruptcy Court for the Southern District of New York addressed a Chapter 15 petition for recognition of Brazilian judicial reorganization proceedings for the Constellation Group. The court determined the Center of Main Interests (COMI) for eight debtor entities. It recognized seven as foreign main proceedings (Petróleo Constellation, Constellation Overseas, Alpha Star, Gold Star, Lone Star, Star Int'l, and Snover), primarily due to their operational assets, day-to-day management, and creditor expectations in Brazil. One debtor, Constellation Oil Services Holding S.A. (Parent/Constellation), was recognized as a foreign nonmain proceeding, as its COMI was found in Luxembourg, but it maintained sufficient non-transitory business connections in Brazil. No decision was made for Olinda Star and Arazi due to their dismissal from the Brazilian proceedings.

Chapter 15 BankruptcyCross-Border InsolvencyCenter of Main Interests (COMI)Foreign Main ProceedingForeign Nonmain ProceedingBrazilian Judicial ReorganizationLuxembourg Holding CompanyBritish Virgin Islands DebtorsCayman Islands EntityOffshore Drilling Industry
References
42
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