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December 2007 Archives

December 9, 2007

A Divisive Decision -- Arons v. Jutkowitz & Kish v. Graham -- Which Side Are You On?

Most of you have already trudged through the New York Court of Appeals' 32-page decision in Arons v. Jutkowitz and Kish v. Graham.  For those who didn't, the Court held that defense counsel may conduct an ex parte interview with a a plaintiff's treating physician post-note of issue.  A plaintiff who puts his or her physical or mental condition at issue must execute HIPAA-compliant authorizations.  The defense attorney need not hand over to the plaintiff's attorney notes, memoranda or recordings of the informal interview; the treating physician is not compelled to cooperate.  Judge Pigott dissented, arguing that Article 31 of the CPLR does not provide for this type of discovery and its silence on the matter indicates that the Legislature did not authorize it.

Numerous bloggers have weighed in on this case:  this post at New York Personal Injury Law Blog (with comments), this post at A Buffalo Lawyer, this post at Outside Counsel, this post at HealthBlawg, and this post at Drug and Device Law.

December 12, 2007

Your Very Own Personal Assistant

How many times during the day do you forget a little task? Do you ignore your Outlook reminder box, even though you diligently put things on your calendar?

I've found a solution: Sandy the personal assistant ("I Want Sandy"). This free, web-based e-mail assistant send emails to your Inbox and also to your cell phone (if you choose to do so) pursuant to your requests. Sandy also starts your day with an overview of the tasks on your calendar. The emails also have attachments that allow you to import them into your Outlook calendar.

Sandy also interacts with Jott, a free service that allows you to dictate short messages to yourself and have them emailed to your Inbox.

For some reason, my Outlook reminder box goes unnoticed. The emails from Sandy and Jott do not and help me to remember all the small things during my day.

Both services are extremely easy to setup and use (approximately 10 minutes a piece).

December 22, 2007

Supreme Court, Nassau County Addresses Interesting Question Regarding Workers' Compensation Law sec. 11 -- Grave Injury

In Paccio v. Whiting Door Manufacturing, Supreme Court, Nassau County (Lally, J.), addresses, among other things, whether the plaintiff sustained an "acquired injury to the brain caused by an external physical force resulting in permanent total disability" as set forth in Workers' Compensation Law sec. 11.   As you remember from Rubeis v. The Aqua Club, this particular injury must render the employee incapable of employment in any capacity; however, the injured plaintiff need not be unable to engage in the functions of daily living or be reduced to a vegetative state (see prior post)

The interesting point about this case is that the Court determined that an issue of fact existed as to whether the plaintiff's injuries qualified for this particular "grave injury," basing its conclusion on the plaintiff's expert affidavit regarding a physical examination that occurred a year before the affidavit's date.  The expert had numerous gaps in her affidavit, failing to clarify whether certain impairments were present prior to the plaintiff's accident.

About December 2007

This page contains all entries posted to Torts, Insurance and Compensation Law Weblog in December 2007. They are listed from oldest to newest.

November 2007 is the previous archive.

January 2008 is the next archive.

Many more can be found on the main index page or by looking through the archives.