CompFox Logo
AboutWorkflowFeaturesPricingCase LawInsights

Updated Daily

Case Law Database

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

Case No. MISSING
Regular Panel Decision
Nov 29, 2005

Federal Deposit Insurance v. Hurwitz

This case involves the Federal Deposit Insurance Corporation (FDIC) being sanctioned for egregious misconduct in its decade-long pursuit of Charles Hurwitz. The court found that the FDIC's litigation was driven by political motives, specifically a "debt-for-nature" swap scheme to acquire redwood forests from Hurwitz's company, Pacific Lumber. Despite internal and external legal advice indicating the claims lacked merit and were time-barred, the FDIC persisted, engaged in discovery abuse, misrepresented facts, and lied to the court. The administrative judge ultimately rejected all OTS claims against Hurwitz. The court ordered the FDIC to pay Maxxam, Hurwitz's indemnitor, $72,255,147.51 in sanctions for its abusive and unlawful conduct, aiming to compensate the victim and deter future institutional malfeasance.

Government SanctionsJudicial MisconductFDIC Abuse of PowerOTS Administrative ProceedingsCharles Hurwitz LitigationHeadwaters Forest ControversyPolitical ExtortionDiscovery ViolationsRule 11 ViolationsUnconstitutional Agency Actions
References
47
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. 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
Jul 13, 2000

Bordeau v. Village of Deposit

Plaintiffs Brian K. Bordeau, Francis Laundry Jr., and Jeffrey S. Laundry initiated a civil rights action under 42 U.S.C. § 1983, alleging violations of their First, Fourth, Fifth, and Fourteenth Amendment rights, as well as New York State common law claims, against the Village of Deposit, its Police Chief Jon Bowie, and Village Justice Peter McDade. The lawsuit arose from an incident in May 1997 involving alleged unlawful arrest, excessive force, and malicious prosecution. Defendants moved for summary judgment on several causes of action. The court denied summary judgment for claims of false arrest, false imprisonment, malicious prosecution against Chief Bowie, and a state law assault and battery claim against Justice McDade. However, it granted summary judgment dismissing claims against the Village related to an alleged pattern of unconstitutional conduct and claims against Justice McDade based on judicial immunity. Additionally, all claims against the New York State Troopers, the Village Police Department, and punitive damages against the Village were dismissed. The case will proceed to trial on the remaining federal and state law claims.

Civil RightsSection 1983False ArrestFalse ImprisonmentMalicious ProsecutionMunicipal LiabilityJudicial ImmunityExcessive ForceSummary JudgmentConstitutional Law
References
36
Case No. ADJ11240744
Regular
Jan 16, 2019

CODY BACA vs. JOHN MUIR HEALTH

The Workers' Compensation Appeals Board denied the applicant's petition for removal of an order allowing a second deposition. The applicant argued prejudice due to potential questions about an unrelated criminal matter and a hold on medical discovery. The Board found no evidence of irreparable harm or substantial prejudice, as the applicant could object to inappropriate questions during the deposition. The Board also noted that an evidentiary hearing on the deposition issue had already occurred and that medical discovery was only postponed, not indefinitely halted.

Petition for RemovalSecond DepositionUnrelated Criminal MatterFifth AmendmentPrejudiceIrreparable HarmEvidentiary HearingMedical DiscoveryPQME EvaluationDeclaration of Readiness
References
0
Case No. ADJ7944187
Regular
Feb 19, 2014

LISA MENDOZA vs. RITE AID CORPORATION, TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA

The defendant, Rite Aid Corporation, petitioned for removal after the WCJ quashed a deposition and set an unreasonably short deadline for a vocational evaluation. The Appeals Board granted the petition, finding merit in the defendant's arguments regarding discovery limitations. The Board amended the prior orders, keeping discovery open for the vocational evaluator's report and depositions of qualified medical evaluators. This allows the defendant to fully pursue its discovery related to impairment, apportionment, and recent sub rosa video evidence.

Petition for RemovalVocational Rehabilitation AssessmentQuashed DepositionPermanent ImpairmentApportionmentSub Rosa VideoQualified Medical EvaluatorsIra CohenDiscoveryWorkers' Compensation Appeals Board
References
0
Case No. ADJ6985337
Regular
Jul 02, 2012

Richard Brennan vs. Los Angeles Kings, Federal Insurance Company

This case concerns a workers' compensation applicant whose deposition was repeatedly missed, delaying discovery. The defendant employer requested removal of an order setting a trial date due to due process concerns regarding discovery and trial scope. The Appeals Board granted removal, amending the prior order to allow the admission of qualified medical examiner deposition transcripts, finding the defendant exercised due diligence. The Board affirmed the trial date but ensured the record would remain open for these crucial depositions.

Petition for RemovalDeclaration of Readiness to ProceedOther SettlementDue ProcessDiscoveryDepositionQualified Medical EvaluatorsQMEMandatory Settlement ConferenceMSC
References
0
Case No. 2023-01-5778
Regular Panel Decision
Jul 16, 2025

Lowe, Michael v. Barton Malow_The Fred Christen & Sons Company

The employee, Michael Lowe, appealed an interlocutory order from the trial court compelling him to participate in a discovery deposition. The employer objected to setting an expedited hearing, citing the employee’s failure to update discovery responses. The trial court granted the employer's request and instructed the employee to attend a discovery deposition. The Appeals Board affirmed the trial court’s order, finding the employee's appeal frivolous due to his failure to comply with court orders and properly request an expedited hearing, and remanded the case.

Workers' CompensationDiscovery DisputeInterlocutory AppealFrivolous AppealAbuse of DiscretionDue ProcessExpedited HearingRule 72 DeclarationSanctionsMedical Benefits
References
3
Case No. ADJ850295 (GRO 0035125)
Regular
May 24, 2010

Corey Abel vs. BEST BUY COMPANY, GALLAGHER BASSETT

The Workers' Compensation Appeals Board granted Best Buy's petition for removal, rescinding the administrative law judge's order closing discovery and setting trial. Defendant Best Buy argued the judge erred by closing discovery before a crucial deposition of the Agreed Medical Evaluator (AME), Dr. Strait, which was scheduled to clarify inconsistencies and permanent disability opinions. The Board found the deposition necessary for a complete record and to facilitate a fair decision or potential settlement. The case is returned to the trial level for further proceedings, including completion of the AME's deposition.

Petition for RemovalAgreed Medical EvaluatorDepositionClosing DiscoveryRescind OrderLumbar Spine InjuryStock ClerkPermanent DisabilityWhole Person ImpairmentUnorthodox Basis
References
0
Case No. M2007-00343-WC-R3-WC
Regular Panel Decision
Apr 01, 2008

Rex Brown v. United Parcel Service, Inc. And Liberty Mutual Insurance Company

Rex Brown, a package car driver for UPS, suffered a stroke while on a new training route and sought workers' compensation benefits, claiming job-related stress precipitated the event. The trial court admitted discovery depositions of medical experts and awarded permanent total disability benefits. On appeal, the Special Workers’ Compensation Appeals Panel reversed the trial court's decision, finding that the discovery depositions were improperly admitted and that the evidence, without the depositions, did not establish a compensable injury or occupational disease under Tennessee law, as there was no 'specific acute or sudden stressful event' immediately preceding the stroke. The Panel affirmed an unrelated award for a shoulder injury.

StrokeWorkers' CompensationOccupational DiseaseWork-Related StressMedical DepositionsAdmissibility of EvidencePermanent Total DisabilityCausationPre-existing ConditionsAppellate Review
References
12
Showing 1-10 of 2,232 results

Ready to streamline your practice?

Apply these legal strategies instantly. CompFox helps you find decisions, analyze reports, and draft pleadings in minutes.

CompFox Logo

The AI standard for workers' compensation professionals. Faster research, deeper analysis, better outcomes.

Product

  • Platform
  • Workflow
  • Features
  • Pricing

Solutions

  • Defense Firms
  • Applicants' Attorneys
  • Insurance carriers
  • Medical Providers

Company

  • About
  • Insights
  • Case Law

Legal

  • Privacy
  • Terms
  • Trust
  • Cookies
  • Subscription

© 2026 CompFox Inc. All rights reserved.

Systems Operational