Nassau

Published on: February 24, 2013

In this case, plaintiffs filed an action to recover damages

by Stephen Bilkis

In this case, plaintiffs filed an action to recover damages against the defendants for the injuries allegedly sustained by the plaintiff in a car accident on February 16, 2009, on Motor Parkway at or near its intersection with Express Drive North, County of Suffolk, State of New York, when Plaintiff was operating his vehicle and it was struck by the vehicle owned by defendants.

Plaintiff alleged that he sustained injuries consisting of, inter alia, lumbar disc herniation at L4-5 impinging on the anterior aspect of the spinal canal and the nerve roots bilaterally; lumbar sprain and strain with muscle spasms, severe pain, tenderness, swelling, and permanent and significant restriction and limitation of motion; posterior disc herniation at C5-6 and C6-7 abutting the anterior aspect of the spinal cord; possible cervical radiculopathy; cervical sprain, strain, with muscle spasms, severe pain, swelling, tenderness, and permanent and/or significant restriction and limitation of motion; right knee sprain, strain, contusion; peripatellar bursitis; severe pain, swelling, tenderness, and permanent and/or significant restriction and limitation of motion.

The defendants sought summary judgment dismissing the complaint on the basis that the injuries claimed failed to meet the threshold imposed by Insurance Law § 5102 (d).

Published on: February 19, 2013

A fifty-three year old medical secretary had been working at a hospital for a number of years

by Stephen Bilkis

A fifty-three year old Nassau medical secretary had been working at a hospital for a number of years when on December 29, 1967 she slipped on a door sill. The medical secretary fractured her left hip. A nail and a pin were used to repair the medical secretary’s hip. She was confined to bed at a nursing home for six months. The medical secretary filed a claim for permanent total disability benefits. After her surgery, a neurologist examined the medical secretary and found that she was also suffering from a spinal degenerative process and that around thirty to fifty per cent of her condition was related to the degenerative disease instead of to the accident.

For this cause, the employer refused to pay the permanent total disability benefits after six months. The employer claims to have paid for her medical care until maximum medical improvement had been reached. After the sixth month, the total disability of the medical secretary was no longer due to the accident at work but it was due to the pr-existing spinal disease.

At the trial, the Suffolk doctor to whom the medical secretary was assigned testified that the medical secretary had worked for him for years. And he had been largely satisfied with the medical secretary’s work performance. However, he had noticed that the medical secretary’s health has been consistently and continuously deteriorating. She had lost a lot of weight and appeared severely malnourished. She had difficulty walking and often, she had to brace herself because she was unsteady on her feet. The doctor testified that had the medical secretary not injured herself, he would have asked her to resign. Her work has deteriorated just before the accident. If the medical secretary applied for a job on the day of his accident, he would not have hired her. He thought that the woman’s severe malnutrition could also be the reason why a slip resulted in a severe fracture.

Published on: January 10, 2013

The issue in this case is whether plaintiff sustained serious injury

by Stephen Bilkis

This is an action to recover damages for personal injuries allegedly sustained by plaintiff wife as a result of a motor vehicle accident that occurred on the westbound Long Island Expressway, approximately 500 feet west of South Oyster Bay Road, in the County of Nassau. New York on May 13. 2008. The accident allegedly occurred when the vehicle operated by defendant and owned by the other defendant struck the rear of the vehicle operated by plaintiff husband while it was stopped in traffic. Plaintiff at the time of the accident was a front seat passenger in the vehicle operated by her husband,. By her bill of particulars, plaintiff alleges that she sustained various personal injuries as a result of the subject accident, including straightening of the cervical and lumbar curvature; disc bulges at levels C3 through C6 and level L4-L5; vertebral subluxation complex; and derangement of the left shoulder. Plaintiff alleges that she was confined to her bed and home for approximately two days immediately after the accident. Plaintiff further alleges that she was totally incapacitated from her employment as a registered nurse at the Hospital for approximately three days following the accident and continues to be partially incapacitated from her employment to date.

A Westchester doctor said that, defendants now move for summary judgment on the basis that plaintiffs alleged spinal injuries do not meet the “serious injury” threshold requirement of Insurance Law § 5102(d). In support of the motion, defendants submit a copy of the pleadings, plaintiffs’ deposition transcript, and the sworn medical reports of the doctors. At defendants’ request, a neurologist, a chiropractor, and a physiatrist licensed in medical acupuncture, conducted independent examinations of plaintiff on September 23, 2008. A Lawyer said that, plaintiff opposes the instant motion on the ground that defendants failed to meet their burden of establishing that her injuries do not come within the meaning of the serious injury threshold requirement of Insurance Law § 5102(d). Alternatively, plaintiff asserts that she sustained spinal injuries within the “limitation of use” and the “90/180 days” categories of serious injury as a result of the accident. In opposition to the motion, plaintiff submits her own affidavit, the affidavit of her treating chiropractor, , and the sworn medical reports of her doctors.

The issue in this case is whether plaintiff sustained serious injury as defined under the Insurance Law.

Published on: December 17, 2012

A man was born with a chromosomal condition

by Stephen Bilkis

A man was born with a chromosomal condition and began receiving medical assistance from the State’s social services. He subsequently suffered an injury during his corrective spinal injury surgery, which resulted in his partial paralysis. A medical malpractice action was commenced by the man’s sister on his behalf against the hospital and several doctors where the surgery was performed. The man continued to receive medical assistance from the State’s social services and they filed a lien for recovery from any award made in the medical malpractice action, for such assistance for which the third-party offender was found to be liable.

Consequently, the parties to the medical malpractice action reached a settlement. Based upon the proposed settlement, the state’s social service agreed to accept the sum of $102,423.56 to settle the lien. The amount necessary to settle the medical claim was premised on a letter from the social services stating that it would accept that amount on the lien against the proceeds of the personal injury lawsuit, based on the proposed settlement of the lawsuit for the sum of $1,600,000. The letter further provided that the state’s social services reserved the right to collect any unpaid balance of the lien if the man reached a further settlement that provided additional proceeds or if he should receive funds from another source such as the lottery.

The settlement of the medical malpractice action was approved by the Supreme Court with the direction that payment made to the state’s social service in the amount of $102,423.56, in full satisfaction of the lien to the date of the order.

Published on: December 2, 2012

On 2003, a complainant man obtained a back injury while he was employed

by Stephen Bilkis

On 2003, a complainant man obtained a back injurywhile he was employed. Shortly thereafter, his employer accepted his injury’s compensability and commenced the payments of both medical and indemnity benefits. An Nassau authorized orthopedist initially diagnosed the complainant man with disc herniation with chronic low back pain. After that, a surgical procedure was performed and the orthopedist’s explained that the surgery revealed spinal stenosis with no evidence of disc herniation. The orthopedist also informed the attorney of the man’s employer that one hundred percent of the complainant’s need for medical treatment was caused by pre-existing degenerative changes due to his personal condition. The complainant then filed an appeal for benefits requesting authorization of a neurologist and compensability of the claim, which the carrier timely controverted because of the opinion of the complainant’s treating orthopedist.

After the trial, the judges of compensation claim accepted the opinion of the treating orthopedist that the complainant’s injury was wholly attributable to his preexisting condition and therefore found that his current condition is not compensable as it did not arise out of the course and scope of his employment and no further treatment is awarded.

The Suffolk judges of compensation claim further concluded that there was nothing in the record that would have reasonably placed the employer on notice of the complainant’s personal condition being the major contributing cause of the injury until the conference between its attorney and the orthopedist was done. As a result, the employer denied the medical treatment within 120 days from the notification it had then received and the compensability of the injury was considered timely denied. With that, the judges of compensation claim refused both the claims for compensability of the complainant’s back condition and authorization of a neurologist.

Published on: November 17, 2012

A man was working as a construction worker on June 24, 1983.

by Stephen Bilkis

A man was working as a construction worker on June 24, 1983. He was on the tenth floor of a building. He lost his balance while at that height. He fell and hit a concrete floor below. He injured his head and he lost all sensation in both his arms. His Nassau-Suffolk employer paid him temporary total disability until March 15, 1984. After this, his employer paid him temporary partial disability benefits. The construction worker filed a claim for catastrophic loss benefits. When he recovered from the head injury, the construction worker still had no feeling in both his arms. He could not move his arms or do his customary work as a construction worker.

Two months after the accident the construction worker consulted a neurosurgeon. The neurosurgeon found that the reason for the numbness in his arms is that he had a spinal cord injury. The bones of his spine were compressing on his nerves causing the loss of sensation to his two arms. The neurosurgeon performed two surgeries in September and October 1983 to correct the compression. He removed the bone which was causing the compression on his spinal cord. He did not touch or repair the nerves, just the bone. After the surgeries, the man gained strength in his arms but three fingers on each hand still did not have any feeling. He was able to do simple and light chores at home but he was unable to continue with his work as a construction worker.

Four months after the surgery, the man was still experiencing pain, tingling, numbness and weakness in his fingers and hands. The neurosurgeon determined that these were not due to damage or compression to the nerves but were now only orthopedic in nature. He certified that the construction worker can go back to work but with limits. He cannot do any lifting, or do heavy construction work or work at elevations.

Published on: October 26, 2012

In this case, the driver of the other car filed a motion for summary judgment

by Stephen Bilkis

On July 23, 2007, a man was sitting at the traffic control light located at Greenwich Street and Jerusalem Avenue in Nassau County, New York when another vehicle hit his. The other vehicle made contact with his vehicle in a same direction side swipe manner. As the vehicle was driving past his in the same direction, it swerved and the offending vehicle swept up the passenger side of the man’s car from the rear passenger side area to the front. The man filed a personal injury and 90/180 case against the driver of the other vehicle.

In order for a person to claim a serious person injury under the auspices of the New York Insurance Law, they must be able to prove that they suffered an injury that was invasive enough to alter their normal everyday lifestyle. In order to make that statement, the injured person must be able to demonstrate through medical records that they have sustained either a permanent loss of use, or partial percentage loss of use of a member of their body.

Alternatively, they can show a brain injury or spinal injury that is severe enough to have altered their lives and receives treatment. They may also file a 90/180 claim that contends that although they recovered from their injuries, they were incapacitated by them for 90 out of the 180 days that immediately followed the accident. It is important that the injured person is able to demonstrate that they have been continually under the care of a doctor from the time of the accident until the time that they filed their suit. The court has been known to dismiss a gap in treatment for legitimate reasons if it can be properly documented.

Published on: October 23, 2012

When a person decides that they want to file a personal injury lawsuit in New York

by Stephen Bilkis

When a person decides that they want to file a personal injury lawsuit in New York, they are required to submit proof to the courts that their injury is a severe injury as defined by the requirements of Insurance Law § 5102. That means that they must also show that they meet the requirements of Insurance Law § 5104 as it regards non-economic loss. When the elements of the injury are not in compliance with these codes, then the person will not be allowed to file the suit. A lawsuit in New York, alleging a personal injury may not be filed if the injury is merely an inconvenience. In order for an injury to be determined severe it must render that person unable to work for a substantial amount of time and/or prevent that person from continuing to work in their chosen career field.

The injuries that are defined as serious injuries are spelled out in the law. They are defined as injuries that deprive a person of the use of a limb, or actually results in the amputation of a limb. Some spinal injuries and brain injuries may also qualify as severe. In order for the spine injuryor brain injury to be categorized as serious, it must be so pervasive of an injury as to render the person unable to function on a daily basis as they were accustomed to performing. The ability to continue participating in daily activities that they were able to participate in prior to the injury would mean that the injury will not be considered a severe injury under the law.

In October of 2009, a woman was involved in a traffic accident at the intersection of Bellmore Avenue and Sunrise Highway. The accident occurred in Nassau County in the State of New York. At the time of the accident, the police determined that the vehicle that hit hers was at fault in the accident. At the accident scene, the woman left her car, walked around the scene, and was able to drive her vehicle to work after the accident. She later went home and stayed out of work for one day. She started to see a chiropractor following the accident because she claimed that she was having headaches and pain from personal injury that she incurred as a result of the accident. She was x-rayed by the chiropractor and went to see him two to three times a week for several months into the winter of 2010.

Published on: October 21, 2012

Spinal injuries can cause problems that increase over the years

by Stephen Bilkis

Spinal injuries can cause problems that increase over the years from the date of injury. An injury that may not seem too severe at the time of injury can actually become much worse as the years go by. An injured spine is more likely to show signs of degenerative disc disease than one that has not been damaged. When a spinal injury occurs at work, it is especially important to document that injury and have it treated immediately to reduce the effects that the personal injury of the spine will have on ones later years. If a person delays too long in filing an application to receive disability benefits on the basis of a spinal injury, they may be denied. The reason for the inability to file a late claim on a spinal injury can be related to the inability to show a direct correlation to the original injury.

When a spine is injured, arthritis and other degeneration of the bone and cartilage of the spine may concentrate in the area of a prior injury. However, it is not possible to determine if the additional degeneration of the spine is associated with normal aging, or has been made worse by the previous injury. One case of this nature was when a Nassau County Police Officer filed a petition on May 5, 1972 with the New York State Policemen’s and Firemen’s Retirement System.

He claimed that six years previous to the application, he had been injured while attempting to carry an injured man on a stretcher from an apartment building. He claimed that his back struck an elevator door where he was compressed between the door and the stretcher. He stated that he sustained an injury to his spine that included a possible injury to the discs. Six years later, he filed his request for total disability associated with the injury from the accident. He claimed that the result of the accident was that he was not able to perform the duties related to being a patrolman on the police force.

Published on: October 13, 2012

Determining whether an injury is considered serious

by Stephen Bilkis

Determining whether an injury is considered serious under the Insurance Law § 5102, is an issue that is common in the courts of New York State. In order for an injury to be considered serious by law in New York, it must be so serious that for the first 90 days out of the 180 days immediately following the accident, the person must be prohibited from maintaining his normal daily activities. A board certified physician who has conducted tests that demonstrate a diminished capacity in one or more limbs, the spine, or the brain must also document the injury. A person who has sustained a spinal injury, must be able to show through documented tests performed by a board certified doctor that they have a limited range of motion that is permanent in order to recover punitive damages. In the case of a traffic accident injury, where the person is a passenger in one of the cars, that person must attach the driver of the car that they were in and their insurance company as well as the driver of the second car and their insurance companies. Ultimately, the insurance companies will each do their best to place the burden of compensation on the other company.

In one case that involved a traffic accident from March 17, 2008, a man was injured in the accident while he was a passenger in one of the cars. The accident occurred at the intersection of Front Street and Main Street which are in the Township of Hempstead. Hempstead is located in Nassau County. In this case, the car that the complainant who was injured was in, was owned by a person other than the driver of the car. Because of that, he had to attach the driver of the car, the owner of the car, and the insurance company. There is little question about the facts of the accident itself. The insured person was wearing his seatbelt at the time of the accident even though the airbags in the car did not deploy. At the time of the accident, none of the people involved in the accident requested an ambulance so none came to the scene of the accident.

The injured complainant did not go to a hospital for treatment until later, after the date of the accident. He ultimately sought treatment by an orthopedist and a neurologist for injuries that he claims he incurred during the accident. His doctors claim that he sustained several neck and back injuries, as well as an injury to his right shoulder that has resulted in permanent partial disability of those limbs. The defendant insurance companies filed a request to have the man examined by a doctor of their choosing. That doctor claimed that the man had no injuries that could be termed serious under the New York State Insurance Law. He maintained that his examination revealed that the man did not have any significant reduction in his range of motion. The defendant insurance companies filed a motion to have the court grant summary judgment dismissing the case as filed because they contend that the case does not meet the qualifications for a serious injury.