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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
Apr 07, 1988

De Coste v. Champlain Valley Physicians Hospital

Decedent, Darwin A. De Coste, experienced chest pain and elevated blood pressure, leading him to Champlain Valley Physicians Hospital where he was seen by Dr. William Amsterlaw. Amsterlaw diagnosed reflux esophagitis despite an abnormal electrocardiogram, discharging De Coste, who subsequently suffered a fatal cardiopulmonary arrest 12 hours later. The administrator of De Coste's estate filed a wrongful death action, alleging medical malpractice and that the misdiagnosis was the proximate cause of death. A jury awarded pecuniary damages and funeral expenses, which the defendants appealed. The appellate court affirmed the verdict, finding rational support for the jury's malpractice finding and rejecting the defendants' argument to reduce the award by Social Security benefits due to the effective date of CPLR 4545 (c).

Medical MalpracticeWrongful DeathProximate CauseCollateral Source RuleCPLR 4545Jury VerdictEmergency Room CareMisdiagnosisArteriosclerosisMyocardial Infarction
References
3
Case No. MISSING
Regular Panel Decision

Coniglio v. Coniglio

This is a proceeding under New York's Uniform Support of Dependents Law (USDL) initiated to seek child support for Jennifer Coniglio from her father, the respondent. A hearing examiner initially recommended a bifurcated support order of $60 per week during the respondent's employment season and $25 per week during unemployment, based on his seasonal construction work. The respondent objected to these findings, challenging the court's jurisdiction due to a pre-existing divorce decree that included child support provisions. Judge Anthony F. Bonadio, referencing Lebedeff v Lebedeff and Nichols v Bardua, ruled that the USDL provides an additional remedy, not a modification, and affirmed the court's jurisdiction to determine support de novo, without being bound by the Supreme Court decree. Considering the approximate equal incomes of both parents, the court set a new support order for the respondent at $30 per week, to be paid through the support collection unit, and ordered him to maintain medical and dental insurance for Jennifer Coniglio as per the separation agreement.

Child Support EnforcementUniform Support of Dependents LawJurisdictional DisputeDe Novo DeterminationParental Financial ContributionSeasonal Employment IncomeUnemployment Benefits ConsiderationMedical Insurance ProvisionDivorce Decree InteractionSupport Collection Unit
References
5
Case No. MISSING
Regular Panel Decision

Leonard v. Leonard

This case concerns appeals from two orders of the Family Court of Delaware County, entered on September 19, 1983. The first order dismissed the respondent's cross-petition for a downward modification of a prior support order. The second order found the respondent in willful violation of a December 9, 1982 support order, fixing arrears at $665. The respondent had previously received a suspended 60-day jail sentence conditioned on keeping support payments current. The respondent argued that his unemployment and reduced workers' compensation benefits justified a modification and that the finding of willful violation was erroneous. The appellate court conducted a careful review of the record and affirmed the Family Court’s findings and determinations without costs.

Family LawChild SupportSupport OrderArrearsWillful ViolationModificationAppealUnemploymentWorkers' Compensation BenefitsAppellate Review
References
3
Case No. MISSING
Regular Panel Decision

Baird v. Boies, Schiller & Flexner LLP

Plaintiffs Rachel M. Baird and Bonnie Porter sued their former employer, Boies, Schiller & Flexner LLP, alleging gender discrimination for being placed on a 'non-partnership track' while men were on a 'partnership track.' They initially sought $1.25 million but accepted Rule 68 offers of judgment for $37,500 each, plus reasonable attorneys' fees and costs. The court found them 'prevailing parties' but significantly reduced their requested attorneys' fees of $191,048.33 to $54,723.93, and costs to $7,506.23. This reduction was due to their limited success and weak evidence supporting their discrimination and constructive discharge claims. The court noted inconsistencies in Baird's deposition and Porter's personal reasons for leaving the firm, suggesting they realized their unlikelihood of prevailing.

gender discriminationequal pay actTitle VIINew York State Human Rights Lawattorneys' feesRule 68 offer of judgmentprevailing partylodestar calculationlimited successfee reduction
References
38
Case No. MISSING
Regular Panel Decision

Support Ministries for Persons With Aids, Inc. v. Village of Waterford

This case concerns Support Ministries for Persons With Aids, Inc.'s attempt to establish a residential care facility for homeless individuals with AIDS in Waterford, New York. The Village of Waterford amended its zoning ordinance, leading to the denial of a certificate of occupancy and special use permit for the facility. Plaintiffs, including Support Ministries and the State of New York (represented by the Attorney General and DSS Commissioner), brought an action alleging discrimination under federal and state laws. Defendants moved to dismiss the state plaintiffs' claims for lack of standing and all plaintiffs' pendent state law claims. The court denied the motion to dismiss for lack of standing, citing the State's parens patriae and proprietary interests in the health, well-being, and economic costs associated with caring for PWAs. However, the court granted the dismissal of the pendent state law claims, choosing to decline supplemental jurisdiction due to the presence of novel state law issues and considerations of comity and judicial economy.

Zoning OrdinanceHousing DiscriminationFair Housing ActPersons with AIDSStanding DoctrineParens PatriaeSupplemental JurisdictionState Law ClaimsFederal Civil RightsHomelessness
References
13
Case No. ADJ1700793 (SAC 0307437) ADJ3714832 (SAC 0307399)
Regular
Jun 13, 2011

JUANITA BRADLEY (Deceased) vs. COUNTY OF PLACER

This case involves a dispute over liability for a medical-legal report cost. The defendant seeks reconsideration of a prior award holding them responsible for Dr. Adelberg's $4,237.50 report. The defendant argues the judge ignored a prior order for an Agreed Medical Evaluation (AME) and that the applicant's attorney improperly proceeded with Dr. Adelberg's exam. The Board granted reconsideration, preliminarily finding it may be inequitable to place the full cost on the defendant, and intends to split the expense between the defendant and applicant's attorney. A dissenting opinion argues the defendant's own correspondence shows an ongoing dispute regarding the AME, supporting the original award of liability.

Workers' Compensation Appeals BoardReconsiderationMedical-Legal ReportAgreed Medical EvaluationQualified Medical EvaluatorJoint Findings and AwardLabor Code Section 4062(a)Stipulation and OrderEquitable PowersLien Claimant
References
1
Case No. MISSING
Regular Panel Decision

Reynolds v. City of Syracuse

Plaintiff, injured during an externship at Potter Heating & Air Conditioning (Potter) arranged by OCM BOCES (BOCES), received workers' compensation benefits from Potter. Plaintiff then sued BOCES for negligence and agreed to a $65,000 settlement contingent on a waiver of the workers' compensation lien, which Potter and its carrier, The State Insurance Fund, agreed to waive. BOCES, however, claimed subrogation rights to assert the lien, leading Potter to seek summary judgment on a cross-claim against BOCES for contractual indemnification. The Supreme Court granted Potter's motion for summary judgment and approved the settlement, declaring BOCES had no basis to object or assert any lien. The appellate court affirmed the summary judgment for Potter but modified the order by vacating the settlement approval and lien declaration, finding the record inadequate to support those determinations, thus requiring further factual resolution regarding BOCES's right to assert a lien.

NegligenceWorkers' CompensationIndemnificationSubrogationSummary JudgmentSettlementLien WaiverAppellate ReviewThird-Party ActionContractual Obligation
References
0
Case No. MISSING
Regular Panel Decision
Nov 08, 2012

Claim of Bailey v. Achieve Rehab & Nursing

Claimant, a nursing assistant, was granted workers' compensation benefits for a permanent partial disability. Following an independent medical examination, the employer's workers' compensation carrier repeatedly attempted to reopen the claim, citing counsel's failure to provide updates on claimant's job search. The Workers' Compensation Board denied these requests, emphasizing the lack of sufficient supporting evidence beyond non-response. Consequently, the Board assessed a $1,000 cost against the carrier under Workers’ Compensation Law § 114-a (3) (i) for pursuing proceedings without reasonable grounds after being clearly advised on evidentiary requirements. The appellate court affirmed this decision, finding no abuse of discretion in the Board's assessment of costs.

Workers' CompensationPermanent Partial DisabilityWork SearchReopening ClaimCosts AssessmentAbuse of DiscretionIndependent Medical ExaminationAppellate ReviewBoard DecisionCarrier Responsibility
References
2
Case No. MISSING
Regular Panel Decision

Rochester Gas & Electric Corp. v. Public Service Commission

Petitioner, operator of the Ginna Nuclear Power Plant, sought to recover repair costs and replacement energy costs incurred after a steam generator rupture in 1982. The rupture was caused by a metal piece inadvertently left in the generator during 1975 repairs. Respondent, the Public Service Commission, found the petitioner imprudent for this oversight, denying recovery of the $2.5 million repair costs but allowing retention of $10.2-$14.1 million in replacement energy costs. Petitioner initiated a CPLR article 78 proceeding, challenging respondent's decision on grounds of departing from established ratemaking principles and lack of evidentiary support. The court confirmed the respondent's determination, finding it rational, reasonably based, and supported by substantial evidence.

Nuclear Power Plant SafetyUtility Rate RecoveryRegulatory ImprudenceEmployee NegligenceSteam Generator FailureAdministrative LawCPLR Article 78 ProceedingPublic Service CommissionRatemaking PrinciplesJudicial Review
References
9
Case No. MISSING
Regular Panel Decision
May 03, 1985

Wolf v. Wolf

In two support proceedings, the petitioner mother appealed two orders. The first order, entered September 7, 1984, denied her petition for an upward modification of child support. The second order, entered May 3, 1985, denied her full reimbursement for certain child counseling expenses. The Family Court's decisions were affirmed on appeal. The court properly denied a general increase in the father's child support obligation and directed the mother to seek payment for counseling expenses through the father's medical insurance coverage.

child supportupward modificationcounseling expensesparental obligationsFamily Lawappellate reviewOrange County
References
0
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