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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. MISSING
Regular Panel Decision
May 15, 2018

Matter of Center for Discovery, Inc. v. NYC Dept. of Educ.

The Center for Discovery, Inc. appealed a lower court's dismissal of its CPLR article 78 petition against the NYC Department of Education. Petitioner sought reimbursement for additional, mandated services provided to a student with autism, which NYCDE refused to cover. The Supreme Court had dismissed the case, citing a failure to exhaust administrative remedies. The Appellate Division reversed this decision, ruling that NYCDE's definitive refusal to pay constituted an exhaustion of administrative remedies. The matter is remanded to the Supreme Court to determine if NYCDE must reimburse The Center for Discovery for the services it explicitly required.

Education LawSpecial EducationIndividualized Education PlanAdministrative LawReimbursement DisputeCPLR Article 78Appellate ReviewAutism Spectrum DisorderChildren with DisabilitiesGovernment Liability
References
9
Case No. MISSING
Regular Panel Decision

Eaton v. Chahal

This consolidated decision by Justice William H. Keniry addresses common discovery issues across six negligence actions in Rensselaer County Supreme Court. The primary focus is the requirement for a "good faith" effort to resolve discovery disputes, as mandated by section 202.7 of the Uniform Rules for Trial Courts (22 NYCRR). The court emphasizes that a "good faith" effort necessitates significant contact and negotiation between counsel. Due to a complete failure to comply with this rule, the motions and cross-motions in five cases (Eaton, Frament, Lindeman, Madsen, and Malave) are denied. In the Oathout case, the defendants' motion is conditionally granted, pending plaintiff's compliance with discovery demands. The court also outlines its position on substantive discovery issues like medical reports, collateral source information, statutory violations, age/date of birth, photographs, and authorizations for workers' compensation and no-fault insurance files.

Discovery disputesBill of particularsGood faith requirementCPLR Article 31Medical reportsCollateral source informationStatutory violationsWorkers' compensation filesNo-fault insurance filesJudicial discretion
References
19
Case No. ADJ2834861 (GRO 00349120) ADJ3453107 (GRO 0031731) ADJ405168 (GRO 0034913)
Regular
Nov 14, 2019

TOM JANISE vs. DSH ATASCADERO, STATE COMPENSATION INSURANCE FUND

The Appeals Board granted applicant's Petition for Removal, rescinding an order that closed discovery and set a trial date. This was because a court-ordered neurology panel Qualified Medical Evaluator (QME) was not selected until after discovery was closed, despite delays from the Medical Unit. The Board agreed that applicant should not be prejudiced by this delay and allowed for the QME evaluation to proceed. Consequently, the trial was converted to a status conference.

Petition for RemovalAppeals BoardWCJQualified Medical EvaluatorDWC Medical Unitneurologydiscovery closureproof of serviceStatus Conferencerescinded order
References
0
Case No. ADJ11900759
Regular
Oct 20, 2025

Luis Hernandez vs. Cesar Chavez Foundation, Berkshire Hathaway Homestate Insurance Company

The Workers' Compensation Appeals Board denied defendant Berkshire Hathaway Homestate Insurance Company's petition for reconsideration. The defendant challenged an earlier decision that found a contested claim existed when cost petitioner DocCentral provided subpoena services. The Board affirmed its previous finding, clarifying that a claim becomes contested upon an employer's delay notice, thus allowing discovery. The Board rejected the defendant's argument that a denial was required for a contested claim, citing prior en banc decisions to support its position on discovery during delay periods.

Contested claimLabor Code § 4620(b)8 CCR § 9793(b)Petition for ReconsiderationOpinion and Order DenyingDocCentralsubpoena servicesdelay noticemedical-legal expenseAdjudication of Claim
References
6
Case No. MISSING
Regular Panel Decision

Bassile v. Covenant House

The plaintiff initiated a lawsuit in 1990 against The Order of Conventual Franciscan Friars, Father Bruce Ritter, and Covenant House, alleging sexual abuse by Father Ritter between March and May 1973. The plaintiff, who was 14 at the time, claimed severe psychological and emotional damage and argued for a delayed discovery rule due to repressed memories, asserting awareness of injuries only in April 1989. The defendants sought to dismiss the complaint on Statute of Limitations grounds. The court granted the defendants' motion, ruling that New York law does not support a delayed discovery rule for sexual abuse cases and defers such policy changes to the Legislature, despite acknowledging the plaintiff's asserted grievous wrong.

Statute of LimitationsSexual Abuse LitigationDelayed Discovery RuleCPLR ApplicationChildhood Abuse ClaimsRepressed MemoryFraudulent ConcealmentNegligence ClaimsFiduciary Duty BreachJudicial Deference to Legislature
References
27
Case No. MISSING
Regular Panel Decision

Napoleoni v. Union Hospital of the Bronx

This case involves an appeal concerning discovery motions in a medical malpractice lawsuit filed by Rosemarie Carreras and Jade Napoleoni against doctors Sushila Gupta, Geraldine Ahneman, and St. Barnabas Hospital. The plaintiffs alleged negligence during prenatal care that led to Jade's severe abnormalities from placental abruption. Defendants sought to compel disclosure of Rosemarie Carreras's substance abuse treatment records, arguing a link between cocaine use during pregnancy and placental abruption. The Supreme Court initially denied extensive discovery, but the appellate court modified this decision. It ordered specific records from Daytop Village and St. Barnabas Hospital to be turned over and allowed further deposition of Carreras regarding her substance abuse during pregnancy, ruling that the plaintiff waived physician-patient privilege and that the public interest in discovery outweighed confidentiality.

Medical MalpracticeDiscovery DisputeSubstance Abuse RecordsPrenatal NegligencePlacental AbruptionPhysician-Patient PrivilegeWaiver of PrivilegeConfidentialityAppellate CourtCPLR
References
8
Case No. ADJ6965045
Regular
Aug 22, 2016

Raymond Lopez vs. C&S Wholesale Grocers, Chartis Casualty

The Workers' Compensation Appeals Board denied Defendant C&S Wholesale Grocers' petition for removal. Defendant sought to depose two physicians regarding disability overlap, but the Board found they failed to demonstrate substantial prejudice or irreparable harm. The Board noted the physicians had provided reports for years, and Defendant delayed seeking discovery until after the discovery deadline. Therefore, Defendant's request to take the matter off calendar for further discovery was denied.

Petition for RemovalOrder Taking Off CalendarOverlap in DisabilityBenjamin Carey M.D.Thomas Pattison M.D.Pre-Trial Conference StatementDeclaration of Readiness to ProceedJoint ExhibitsSubstantial PrejudiceIrreparable Harm
References
2
Case No. ADJ7236373
Regular
Oct 21, 2011

DARRYL TAYLOR vs. KAISER FOUNDATION HOSPITAL; PSI Administered by KAISER PERMANENTE MEDICAL CARE

Defendant sought removal of the WCJ's order closing discovery and setting the case for trial, alleging irreparable harm and ongoing discovery needs. The Appeals Board denied the petition, finding defendant failed to demonstrate due diligence in pursuing discovery earlier. Defendant's delays in requesting reevaluations, record releases, and QME panels were not excused. The Board determined defendant's arguments regarding prejudice could be addressed at trial, and reconsideration would be available post-decision.

Workers' Compensation Appeals BoardPetition for RemovalOrder Denying RemovalAdministrative Law JudgeMandatory Settlement ConferenceDiscovery ClosureIndustrial InjuryQualified Medical ExaminerDeclaration of ReadinessObjection to DOR
References
4
Case No. ADJ9074792
Regular
Feb 27, 2014

SHAWNA PARKER vs. SONORA REGIONAL MEDICAL CENTER

The Appeals Board denied Defendant's Petition for Removal seeking to rescind an order continuing the case for trial and keeping discovery open. Defendant argued discovery was incomplete due to a lack of QME reports and inability to depose witnesses. The Board adopted the WCJ's report, stating the trial judge could address any QME delays and assess the defendant's due diligence regarding discovery at the trial. A dissenting commissioner believed the complex claim warranted taking the case off calendar pending further medical evaluation.

Petition for RemovalQualified Medical Evaluator (QME)Labor Code section 4062.2due diligencecontinuanceindustrial injurychemical exposurerespiratory systemanaphylaxiscardiac
References
0
Case No. ADJ2109115; ADJ3790194; ADJ4103411
Regular
Aug 01, 2013

LETICIA BENAVIDES vs. BON APPETIT DANISH; MACY'S; CHUBB GROUP OF INSURANCE CO.

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration. The applicant sought penalties and attorney fees for the late payment of a Compromise and Release (C&R) settlement, alleging Chubb Group failed to make timely and correct payment. The Board found that the delay was due to a single instance of human error involving an incorrect address on the C&R, which was promptly corrected upon discovery. The applicant also contributed to the delay by not notifying Chubb of the non-receipt of payment for over three months. Therefore, the Board concluded there was no unreasonable delay justifying penalties.

Workers Compensation Appeals BoardPetition for ReconsiderationDeniedWCJ ReportDefective VerificationCured VerificationSupplemental PetitionCompromise and ReleaseLate PaymentChubb Group
References
3
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