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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

In re Perra

Petitioner Scott Perra, on behalf of Faxton-St. Luke’s Healthcare, sought involuntary retention of Theresa Doe for mental health treatment and administration of Risperdal over her objection under Mental Hygiene Law § 9.33. Respondent, a 23-year-old pregnant female diagnosed with paranoid schizophrenia, refused medication due to pregnancy concerns. Physicians, including Dr. Bahram Omidian and Dr. B.E. Fard, assessed respondent as delusional, disorganized, and a danger to herself and her fetus without treatment. The court found that the petitioner met the burden for involuntary retention, citing respondent's impaired judgment and inability to make rational decisions regarding her health and the fetus. However, the court denied the application to forcibly administer Risperdal, noting the PDR's inconclusive information on fetal effects and upholding principles of autonomy, while permitting reapplication if respondent's condition decompensates. The court also judicially noticed the harmful effects of maternal smoking on a fetus and mandated an aggressive smoking cessation program for the respondent.

Involuntary CommitmentMental Hygiene LawParanoid SchizophreniaForced MedicationRisperdalPregnant PatientFetal HealthPatient AutonomyParens PatriaeInformed Consent
References
8
Case No. 92 Civ. 4884 (RJW)
Regular Panel Decision

PEOPLE OF STATE OF NY BY ABRAMS v. Foreman

Plaintiffs, the People of the State of New York, moved for civil contempt against Joseph Foreman, Patrick Mahoney, and Robert Sehenck for violating a Preliminary Injunction issued on July 13, 1992, in People v. Operation Rescue Nat’l. The injunction prohibited presenting a fetus to Governor Bill Clinton. Defendants Foreman and Sehenck, along with Harley David Belew, discussed plans to present a fetus ("Baby Nathan") to Governor Clinton during the Democratic National Convention. Despite being aware of the injunction, Foreman and Sehenck facilitated Belew's actions by providing lodging and failing to dissuade him. The Court found Foreman and Sehenck in civil contempt, concluding they aided and abetted the violation. The decision highlighted their clear noncompliance, lack of reasonable diligence, and willful disregard for the judicial decree, and held them liable for liquidated damages as stipulated by the injunction.

Civil ContemptPreliminary InjunctionAiding and AbettingFetus PresentationAbortion ProtestJudicial Decree ViolationDemocratic National ConventionWillful DisobedienceLiquidated DamagesCourt Order Enforcement
References
11
Case No. MISSING
Regular Panel Decision
Mar 28, 1984

Pond v. Oliver

The employer and its carrier appealed a Workers’ Compensation Board decision granting disability benefits to a pregnant secretary. The claimant stopped working due to paint fumes posing a hazard to her fetus, on advice from her obstetrician. Despite the employer's claim of discontinuing painting, fumes persisted. The claimant later underwent a Caesarean section and remained disabled. The Board found her disability was connected to her pregnancy and the hazardous work environment, rejecting arguments of voluntary withdrawal or availability of other employment. The Appellate Division affirmed the Board's decision, finding it supported by substantial evidence and consistent with the Disability Benefits Law.

pregnancy disabilityworkplace hazardpaint fumesdisability benefitsWorkers' Compensation Lawcaesarean sectionmedical advicevoluntary withdrawallabor marketcredibility question
References
2
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