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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

People v. Tasker

The defendant appealed a judgment from the County Court of Broome County following a plea of guilty to sodomy in the first and second degrees. The appeal challenged the denial of a motion to suppress his confession and evidence, arguing an illegal arrest. Defendant also contested the determination of his competency to stand trial and the competency of the young victims to testify. The Appellate Division affirmed the judgment, finding that the defendant voluntarily accompanied the police, waived his constitutional rights, and consented to questioning. The court also found sufficient support for the lower court's determinations regarding the defendant's and victims' competencies.

sodomychild sexual abuseconfession suppressionillegal arrestcompetency to stand trialvictim competencyappellate reviewcriminal appealplea of guiltyBroome County
References
6
Case No. MISSING
Regular Panel Decision

People v. Weech

The case involves an appeal from a defendant's murder conviction where the case was remitted to Trial Term to reconstruct the defendant's competency to stand trial. Two psychiatrists, Dr. Wellington Reynolds and Dr. Odysseus Adamides, assessed the defendant's competency based on various reports and observations. Dr. Reynolds had examined the defendant prior to trial. The defendant challenged Dr. Reynolds' credentials, asserting he was not a "qualified psychiatrist" under CPL 730.10(5)(a). The court previously remitted the case for a reconstruction proceeding. This current decision remits the matter once more for an adversary inquiry into the defendant's competency, clarifying that Dr. Reynolds' testimony, even if not from a "qualified psychiatrist," is admissible, and other professionals like the social worker, nurse, defense counsel, and Trial Judge could also testify.

Competency to Stand TrialReconstruction ProceedingPsychiatric EvaluationCriminal Procedure LawAdmissibility of Expert TestimonyAppellate ReviewDue ProcessMental Health ServicesDefendant's RightsMurder Second Degree
References
7
Case No. MISSING
Regular Panel Decision

Romanelli v. Long Island Railroad

Frank Romanelli sued his employer, the Long Island Railroad Company (LIRR), under the Federal Employers Liability Act (FELA), alleging that his work as a track worker exposed him to hazardous environmental contaminants, causing pulmonary and cardiac problems. LIRR filed three motions in limine to preclude Romanelli's medical experts from testifying on causation, Romanelli from testifying about exposure to toxins at unsafe levels, and Romanelli from testifying that LIRR had a duty to provide a respirator. The court granted the motions in part and denied in part. It allowed treating physicians to testify on the causation of respiratory issues by workplace exposures due to common knowledge, but not on the link between pulmonary and cardiac problems without demonstrated methodology. Romanelli was permitted to testify about his first-hand exposure to dust, fumes, and chemicals but not to label them as 'hazardous contaminants' or at 'unsafe' levels. Lastly, Romanelli could not testify about LIRR's legal duty to provide a respirator, but could testify about not being provided one despite requests and that its absence caused him to ingest more harmful substances.

FELAMotions in LimineExpert Witness TestimonyLay Witness TestimonyCausationEvidentiary StandardsWorkplace ExposurePulmonary ConditionsCardiac ConditionsRespirator Requirements
References
18
Case No. ADJ10737420, ADJ11230735
Regular
May 28, 2019

METHVEN BROWN (Deceased), JANINE BROWN (Widow) vs. COUNTY OF SACRAMENTO, Permissibly Self-Insured, SACRAMENTO COUNTY PROBATION DEPARTMENT

The Workers' Compensation Appeals Board denied reconsideration of a decision finding no industrial injury to the decedent's heart or cerebrovascular system. The widow argued the administrative law judge erred by disallowing further discovery from a cardiologist. However, the Board adopted the judge's report, which noted a neurologist already testified that heart trouble and industrial stress were not medically probable causes of the decedent's stroke and death. The applicants failed to demonstrate why a cardiologist would be more competent to offer such opinions.

Methven BrownJanine BrownCounty of SacramentoSacramento County Probation DepartmentADJ10737420ADJ11230735Petition for ReconsiderationJoint Findings and Orderindustrial injuryheart injury
References
0
Case No. MISSING
Regular Panel Decision
Feb 27, 1995

Claim of Kelsey v. New York State University at Geneseo

The claimant, a cleaner, suffered a back injury at work from a falling metal door. Her chiropractor, James Watkins, testified that a portion of her back pain was causally related to the injury despite a cancerous spinal tumor. Initially, a WCLJ found no further causally related disability, but the Workers' Compensation Board reversed and awarded benefits. The WCLJ later determined a 75% causally related partial disability. The employer appealed, questioning Watkins' competency, but the Board affirmed, ruling the employer had waived objections to his qualifications.

Workers’ CompensationWorkplace InjuryBack PainCausationMedical Expert TestimonyChiropractic CareWaiver of ObjectionPartial DisabilityBoard AffirmationAppellate Review
References
2
Case No. 570558/19
Regular Panel Decision
Dec 02, 2019

Prasad v. Spodek

This case involves an appeal by Todd Spodek, Esq. from a Civil Court judgment affirming an arbitration award in favor of Sunita Prasad. Spodek sought to vacate the award, arguing it was untimely and that the arbitrator improperly excluded his paralegal's hearsay testimony. The Appellate Term found Spodek's application was not untimely but denied it on the merits. The Court held that the arbitrator's refusal to consider the paralegal's hearsay testimony, which was based on conversations with Spodek and lacked competence to prove fee reasonableness, did not constitute misconduct. Spodek had alternative means to present evidence, such as testifying himself or submitting written declarations.

Arbitration AwardVacate Arbitration AwardHearsay EvidenceParalegal TestimonyArbitrator MisconductCPLR 7511Fee DisputeAppellate TermBurden of ProofReasonableness of Fee
References
12
Case No. MISSING
Regular Panel Decision

Gruber v. Nelo Knitwear Corp.

The claimant filed a compensation claim in March 1976 for a nervous breakdown allegedly suffered in 1965 due to noise at her employment. The Workers’ Compensation Board determined the claim was barred by section 28 of the Workers’ Compensation Law, which requires claims to be filed within two years of an accident. The claimant argued that the two-year period should be tolled under section 115 due to mental incompetency caused by the accident. However, no evidence was presented to show mental incompetency prior to 1970, and her husband testified she was competent in 1965 and 1966. The appellate court found that the board’s decision was supported by substantial evidence and therefore affirmed the decision.

Workers' CompensationStatute of LimitationsMental IncompetencyTollingNervous BreakdownAppellate ReviewSubstantial EvidenceClaim BarredTimely FilingOccupational Disease
References
1
Case No. ADJ10344350; ADJ10344309
Regular
Sep 29, 2025

JUAN SALAZAR vs. MAYWOOD PLAZA MARKET, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a prior decision by a workers' compensation administrative law judge (WCJ) concerning lien claimants Industrial Healthcare PMG, Complete Interpreting, and Peralta Hills-Mission Valley Imaging. The WCJ had dismissed their liens, finding their declarations under Labor Code section 4903.8(d) invalid. The WCAB, however, found that the declarant, Ilona Kulikova, possessed sufficient personal knowledge and access to information to competently testify regarding the services provided and billing accuracy. Consequently, the WCAB rescinded the WCJ's Findings and Orders and substituted new findings declaring the lien claimants' original section 4903.8(d) declarations valid, thus remanding the matter for further proceedings.

Labor Code Section 4903.8(d)Lien claimantsDeclarationsCompetent to testifyPrima facie evidenceBurden of proofIndustrial Healthcare PMGComplete InterpretingPeralta Hills-Mission Valley ImagingIlona Kulikova
References
11
Case No. MISSING
Regular Panel Decision

Claim of Brian VV. v. Chenango Forks Central School District

Petitioners filed a notice of claim after their six-year-old daughter was allegedly sexually assaulted on a school bus. The respondent, a school district, subsequently served a notice to orally examine the infant and petitioners. While petitioners submitted to examination, they refused to produce their child. The Supreme Court initially granted petitioners’ motion to strike the notice to examine the infant, deeming prior informal interviews with the child as substantial compliance. However, the appellate court reversed this decision, emphasizing that General Municipal Law § 50-h mandates a pre-action examination as a condition precedent. The court ruled that the prior interviews did not fulfill the statutory purpose and that the child's submission to an examination is required. Due to the child's young age, the matter was remitted to the Supreme Court to conduct a hearing to determine the child's competency to testify under oath before the examination takes place.

General Municipal Law § 50-hEducation Law § 3813Infant examinationSexual assault claimCondition precedentAppellate procedureCompetency hearingSchool district liabilityPre-action discoveryOath requirement
References
13
Case No. MISSING
Regular Panel Decision

Claim of Christiano v. Wakefern Food Corp.

The claimant suffered a compensable injury to his right shoulder in January 1995. The Workers' Compensation Law Judge (WCLJ) initially determined a 12.5% loss of use of the right arm based on the employer's orthopedic consultant, Paul Jones, after precluding the claimant's treating physician, Robert Hendler, from testifying. The Workers' Compensation Board (Board) subsequently modified the WCLJ's decision, finding a 25% loss of use based on Jones' testimony and Hendler's report. The employer appealed this decision. The appellate court reversed the Board's decision, finding insufficient evidence to support the 25% loss of use. The court stated that the Board improperly relied on Hendler's written report after his testimony had been precluded by the WCLJ, and there was no other competent medical proof of a torn rotator cuff, which the Board had apparently factored into its calculation. The matter was remitted to the Workers' Compensation Board for further proceedings.

Workers' CompensationSchedule Loss of UseRight Shoulder InjuryMedical EvidencePrecluded TestimonyRotator Cuff TearAppellate ReviewSubstantial EvidenceMedical GuidelinesRemittal
References
3
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