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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
Jul 26, 2006

Velez v. Daar

In a medical malpractice action, the plaintiff sought damages for psychological and emotional injuries stemming from a failure to diagnose thyroid cancer. The plaintiff engaged in psychotherapy with Dr. Velma Stade and initially limited the disclosure of related notes. However, during a deposition, the plaintiff disclosed that factors beyond the thyroid cancer, such as work environment and family issues, contributed to his psychological symptoms. Consequently, the defendant sought full disclosure of Dr. Stade's notes, arguing that the plaintiff had waived his psychotherapist-client privilege. The Supreme Court reversed the motion court's protective order, determining that the plaintiff had indeed waived the CPLR 4508 social worker-patient confidentiality privilege by placing his psychological condition in controversy, thereby making the disclosure of the sensitive records warranted.

medical malpracticepsychotherapyconfidentiality privilegewaiver of privilegeCPLR 4508psychological injuriesemotional distressthyroid cancerdisclosure of recordssocial worker-patient privilege
References
2
Case No. MISSING
Regular Panel Decision

Giles v. Gi Yi

The dissenting opinion by Justice Whalen challenges the majority's interpretation of 22 NYCRR 202.17, which mandates personal injury plaintiffs to secure an expert witness report on causation and provide it to the defense prior to the defendant's medical examination of the plaintiff. Whalen argues this requirement is an undue burden and is not explicitly outlined within the regulation's scope. The dissent emphasizes that 22 NYCRR 202.17 (b) (1) only requires disclosure of reports from 'medical providers who have previously treated or examined the party seeking recovery,' distinct from expert reports generated solely for litigation purposes. Furthermore, Justice Whalen asserts that expert disclosure is governed by CPLR 3101 (d), which does not necessitate such early disclosure, and finds that the Supreme Court's decision to compel was an abuse of discretion, concluding that Nero v Kendrick was wrongly decided.

Expert Witness DisclosureCausationMedical ExaminationPersonal InjuryCivil Procedure Law and Rules (CPLR)Uniform Civil Rules for the Supreme Court and County Court (22 NYCRR)Dissenting OpinionJudicial DiscretionPreclusionLitigation Expenses
References
2
Case No. MISSING
Regular Panel Decision
Nov 18, 1991

In re Lenny McN.

The Family Court in Bronx County issued an order on November 18, 1991, directing the disclosure of a social worker's entire casework file to an intervenor-respondent. This social worker was called as a witness by the law guardian for the infants. The appellate court unanimously reversed this order, finding the social worker's testimony regarding prior file use too equivocal to support a wholesale waiver of confidentiality and work product privileges. The court emphasized the protection against disclosure of mental impressions of a party's representative, classifying a social worker employed by a law guardian as such a representative. The case was remanded for a continuation of the dispositional hearing, with further discovery limited unless the law guardian seeks to elicit an adverse expert opinion from the social worker.

Family LawDisclosureConfidentiality PrivilegeWork Product ImmunitySocial Worker TestimonyChild CustodyFamily Court ProceedingDiscovery LimitationsAppellate ReviewWaiver of Privilege
References
2
Case No. MISSING
Regular Panel Decision

Chaplin v. Pathmark Supermarkets

This case addresses a motion by defendants, including Supermarkets General Corp., for a protective order to vacate the plaintiff Mimi Chaplin's notice for discovery and inspection of accident reports. Mimi Chaplin sought these reports after sustaining personal injuries from a fall at the defendant's premises. The court, presided over by Justice James F. Niehoff, analyzed the newly enacted CPLR 3101 (g), which mandates full disclosure of accident reports prepared in the regular course of business. The court found that the accident report in question was prepared in Supermarkets General Corp.'s regular course of business, rendering it discoverable regardless of its potential use in litigation, thus denying the defendants' motion.

DiscoveryProtective OrderAccident ReportsCPLR 3101(g)Litigation PreparationRegular Course of BusinessPersonal InjuryNegligenceDisclosureEvidence
References
10
Case No. 21-mc-102
Regular Panel Decision

Socha v. 110 Church, LLC

Plaintiffs, Marek Soeha, Jerzy Muszkatel, Tadeusz Kowalewski, Wla-dyslaw Kwasnik, and Waldemar Ropel, sought to compel expert testimony from non-retained physicians associated with the Mt. Sinai World Trade Center Medical Monitoring Program and a Workers’ Compensation physician. These "Non-Retained Experts" possess unique knowledge regarding the effects of World Trade Center dust but were unwilling to provide data or serve as expert witnesses due to time constraints and concerns about compromising neutrality. District Judge Alvin K. Hellerstein denied the plaintiffs' motion to compel depositions and amended expert disclosures, finding a lack of "substantial need" as the information was not unique and comparable witnesses were available. However, acknowledging the unparalleled scope of the Mt. Sinai WTC Health Program's research, the court ordered Mt. Sinai to produce its data, with appropriate redactions, following an established protocol.

Expert Witness DepositionMotion to CompelFederal Rules of Civil Procedure 26Non-Retained ExpertsWorld Trade Center LitigationMedical Monitoring ProgramDiscovery DisputeSubpoena Expert WitnessCausation TestimonyData Disclosure Order
References
3
Case No. MISSING
Regular Panel Decision

In re Gribetz

The People moved for disclosure of defendant A.T.'s HIV test results under Public Health Law § 2785 (2) (a). A.T. is charged with reckless endangerment and attempted assault after allegedly biting a mental health worker and threatening to transmit AIDS, claiming to be HIV positive. The court found a 'compelling need' for disclosure to prove A.T.'s state of mind and the grave risk of death required for reckless endangerment, despite the bite not breaking the skin. Weighing disclosure against privacy, the court determined A.T. waived her privacy interest by publicly announcing her HIV status and using it to threaten a crime. The motion was granted, ordering disclosure to the Rockland County District Attorney's Office with strict limitations on redisclosure and sealing of related documents.

HIV disclosurereckless endangermentattempted assaultpublic health lawcompelling needprivacy interestwaivercriminal proceedingbite incidentmental health facility
References
4
Case No. MISSING
Regular Panel Decision

New York Racing Ass'n v. State of New York Racing & Wagering Board

The New York Racing Association (NYRA) filed a CPLR article 78 application seeking to exempt competitive bidding policy documents from disclosure under the New York Freedom of Information Law (FOIL), citing Public Officers Law § 87 (2) (d) regarding trade secrets and potential substantial competitive injury. NYRA challenged a determination by the State of New York Racing and Wagering Board (NYSRWB) that had partially denied this exemption for certain approved policy changes. The court, applying the Encore test, found that even a summarized release of these documents would constitute a disclosure of proprietary trade information. Such disclosure, especially to the press, was deemed likely to cause significant competitive disadvantage to NYRA, impacting its franchise renewal and bankruptcy reorganization efforts. Consequently, the court granted NYRA's application, vacating the NYSRWB's prior determination and ruling that the documents are exempt from FOIL disclosure.

FOILFreedom of Information LawPublic Officers LawTrade SecretsCompetitive BiddingProprietary InformationCommercial EnterpriseSubstantial InjuryRacing IndustryRegulatory Board
References
14
Case No. MISSING
Regular Panel Decision

Lamitie v. Emerson Electric Co.

This case involves three actions for personal injuries and wrongful death stemming from a propane gas explosion, allegedly caused by a defective hot water heater control valve manufactured by Emerson Electric Company — White Rodgers Division. Plaintiffs sought disclosure of documents related to the valve's recall program, including correspondence between the defendant and the Federal Consumer Product Safety Commission (CPSC), as well as a report evaluating the recall's effectiveness by Heiden, Pittaway Associates, Inc. The defendant resisted, asserting statutory privilege under the Consumer Product Safety Act and a common-law 'critical self-analysis privilege.' The Supreme Court compelled disclosure, issuing a protective order for trade secrets. The appellate court affirmed this decision, ruling that the Act's statutory privilege did not bar disclosure in judicial proceedings and rejecting the application of the common-law privilege in New York. The court modified the protective order to extend to public disclosure of information, except during trial.

Product LiabilityPropane ExplosionDefective ProductProduct RecallConsumer Product Safety ActDiscoveryStatutory PrivilegeCommon-Law PrivilegeCritical Self-AnalysisTrade Secrets
References
19
Case No. MISSING
Regular Panel Decision

Mandel v. United States Office of Personnel Management

Michael Mandel sued the United States Office of Personnel Management (OPM) and two individual defendants, McCann and Crandell, alleging violations of the Privacy Act. The lawsuit stemmed from OPM's disclosure of Mandel's employment records to his former supervisors during an appeal to the Merit Systems Protection Board (MSPB), where Mandel challenged OPM's negative suitability determination for federal employment due to alleged falsification of records. Mandel moved for summary judgment, arguing OPM's disclosure was unlawful and caused him emotional distress and pecuniary loss, while defendants cross-moved, asserting a 'routine use' exception and lack of causation. The court denied Mandel's motion and granted the defendants' cross-motion, ruling that the disclosure fell within the Privacy Act's 'routine use' exception. Furthermore, the court found Mandel failed to establish a causal connection between the disclosure and his claimed adverse effects, concluding that his own falsification of documents was the cause. Finally, the claims against the individual defendants were dismissed as the Privacy Act does not permit suits against individuals.

Privacy ActSummary JudgmentRoutine Use ExceptionFederal EmploymentSuitability DeterminationMSPB AppealFalsification of DocumentsInformation DisclosureAdverse EffectCausal Connection
References
17
Case No. ADJ8580399
Regular
Aug 14, 2018

LAUREANO LEON vs. COAST SPORTWEAR, INC.; Administered by CHUBB GROUP OF INSURANCE COMPANIES

The Workers' Compensation Appeals Board granted the defendant's Petition for Removal and vacated a prior order authorizing disclosure of medical information to a lien claimant. This decision was based on the fact that the defendant had resolved the lien claimant's lien prior to the issuance of the disclosure order. The Board also found that the lien claimant no longer had standing to pursue its claim as its lien was resolved. Furthermore, the Board determined the defendant's petition was timely filed due to defective service of the disclosure order.

Petition for RemovalOrder Granting Medical Disclosuremootlien claimantstandingdefective serviceEAMSWCJvacatedSeam Operator
References
3
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