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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. Barto

The defendant was convicted after a jury trial in Seneca County Court for insurance fraud in the third degree, falsifying business records in the first degree, defrauding the government, and falsely reporting an incident in the third degree. The charges arose from the defendant, an acting Village Justice, falsely reporting an assault to police, allegedly to obtain prescription pain medication. Medical evidence presented by the prosecution, including the absence of injuries despite extensive testing, contradicted the defendant's account of being strangled and struck. The appellate court unanimously affirmed the judgment, rejecting the defendant's contentions regarding the legal sufficiency and weight of the evidence. The court found that the jury could reasonably conclude the defendant falsely reported the incident and caused a false workers' compensation form to be filed. The appellate court also found no reason to modify the sentence despite improper prosecutorial statements.

Insurance FraudFalsifying Business RecordsDefrauding GovernmentFalse ReportingAssault ClaimMedical EvidenceLegal SufficiencyWeight of EvidenceWorkers' CompensationJury Trial
References
8
Case No. SAL 96100; 96096
Regular
Jul 03, 2007

JEANNE LAWRENCE vs. CYPRESS URGENT CARE and PREFERRED EMPLOYERS INSURANCE, TENET/DOCTORS HOSPITAL OF MANTECA

This case involves a worker who sustained two industrial injuries, the first in 2001 with Cypress Urgent Care and the second in 2001 with Tenet/Doctors Hospital of Manteca. The defendant, Tenet/Doctors Hospital, sought reconsideration of a joint findings and award that attributed 25% of the worker's temporary disability and vocational rehabilitation costs to their injury. The WCAB granted reconsideration, finding that while the second injury occurred after the first, evidence indicated the first injury contributed to the worker's need for benefits, thus supporting the apportionment.

WCABReconsiderationJoint Findings and AwardPetition for ReconsiderationTemporary Total Disability (TTD)Vocational RehabilitationApportionmentConsecutive InjuriesMedical TreatmentSelf-Insured
References
0
Case No. MISSING
Regular Panel Decision
Nov 17, 2005

Nikolic v. Regent Wall Street Hotel

The claimant sustained work-related physical injuries and a subsequent psychiatric condition. A Workers’ Compensation Law Judge allowed reports from a Serbian neuropsychiatrist to establish continuing psychiatric disability, despite objections from the employer and carrier concerning the doctor's credentials. The Workers’ Compensation Board, in an amended decision, rejected the objection to the Serbian doctor's report and found no prejudice to the carrier regarding a compensation award made prior to an independent medical examination. The appeals court affirmed the Board's decision, ruling that the carrier waived the right to object by not cross-examining the doctor, and that the Board had continuing jurisdiction to amend its initial decision.

foreign health care provider reportpsychiatric conditionadmissibility of evidenceWorkers’ Compensation Boardcontinuing jurisdictionwaiver of objectionindependent medical examinationappellate reviewNew York Workers' Compensationmedical credentials
References
10
Case No. MISSING
Regular Panel Decision
Jan 22, 1987

People v. Figueroa

The defendant appealed a judgment from the County Court, Orange County, convicting him of rape in the first degree and sodomy in the first degree. The defendant argued that the evidence was legally insufficient due to inconsistencies in the nine-year-old victim's testimony and that the verdict was against the weight of the evidence. The appellate court found the victim's sworn testimony provided a rational basis for the jury's conclusion, and the evidence was legally sufficient. The court addressed the victim's delayed reporting, minor inconsistencies in her testimony, and conflicting medical expert opinions, ultimately affirming the judgment.

Rape First DegreeSodomy First DegreeSufficiency of EvidenceWeight of EvidenceChild Victim TestimonyCredibility of WitnessCorroboration of TestimonyDelayed ReportingExpert Medical TestimonySexual Abuse Evidence
References
28
Case No. MISSING
Regular Panel Decision

Twenty First Century L.P.I v. LaBianca

This case involves Twenty First Century L.P.I and Twenty First Century L.P.II, owners of McDonald's franchises, suing several defendants for fraud, breach of fiduciary duty, aiding and abetting, and RICO violations. The defendants, including former employees Michael Malpiedi and Richard Redzinski, engaged in a scheme to embezzle millions by submitting inflated invoices for construction work and receiving kickbacks. The court granted partial summary judgment, finding all listed defendants liable for common law fraud and aiding and abetting breach of fiduciary duty. Malpiedi and Redzinski were also found liable for breach of fiduciary duty. Additionally, Malpiedi, Redzinski, Stephen Delli Bovi, and Delli Bovi Construction Corporation were held liable for civil RICO damages. However, the plaintiff's motion for summary judgment regarding Angelo Vignola's and D & D Electric's RICO liability was denied, leaving that issue for trial.

FraudEmbezzlementKickbacksRICOBreach of Fiduciary DutySummary JudgmentCollateral EstoppelMail FraudWire FraudInterstate Commerce
References
24
Case No. MISSING
Regular Panel Decision
Jan 27, 1965

Rivera v. Hellman

This case involves a motion to confirm a Special Referee's report concerning the amounts and priorities of various liens. The Special Referee conducted a hearing and reported on claims from an attorney for the plaintiff ($793.50), Roosevelt Hospital ($846.53), and the Millinery Health Fund ($641.00, later adjusted to $528). The report established the amounts of each lien and recommended priorities, placing the attorney's lien first, followed by the hospital lien (except for a $12 outpatient service), and then the compensation lien. The court concurred with the Special Referee's report and recommendations, granting the motion to confirm.

Lien PriorityAttorney's LienHospital LienDisability BenefitsWorkmen's Compensation LawSpecial Referee ReportMotion GrantedNew York Supreme CourtLien LawMotion Practice
References
2
Case No. ADJ7564894
Regular
Jun 07, 2013

FLOR DE MARIA DE LEON vs. PORTO'S BAKERY, INC, TRAVELERS

Here's a summary for a lawyer: This case involves a lien claimant, First Choice Health UBC, whose lien was dismissed for failure to provide proof of timely payment of the lien activation fee at a lien conference. While the claimant's representative appeared for "FCH" and later submitted proof of payment for a different, similarly named entity (First Choice Medical Group), no proof was provided for First Choice Health UBC itself. The WCJ recommended denial of reconsideration, finding that the claimant failed to meet the requirements of Labor Code section 4903.06(a)(4) by not presenting evidence of activation fee payment for the correct entity at the conference, thus warranting dismissal with prejudice. The Appeals Board adopted the WCJ's report and denied the petition.

Lien ClaimantActivation FeePetition for ReconsiderationDismissal with PrejudiceContinuous TraumaServerBack InjuryKnee InjuryLower ExtremitiesNervous/Psyche
References
0
Case No. 79 Civ. 5379
Regular Panel Decision
Jul 15, 1980

Ninth Fed. Sav. & L. v. First Fed. Sav. & L.

This action arises from an agreement between Ninth Federal Savings and Loan Association of New York City and First Federal Savings and Loan Association of Gadsden County for the purchase of treasury securities. Ninth Federal alleged that First Federal's Controller, Henry Burnett, did not intend to honor the agreement if market conditions were unfavorable, stating a claim under the Securities and Exchange Act. The court addresses First Federal's challenge to personal jurisdiction over pendent state law breach of contract claims and Burnett's motion to transfer the case. The court affirms its jurisdiction over the state claims based on pendent jurisdiction and grants the motion to transfer the case to the United States District Court for the Northern District of Florida for convenience.

Securities FraudBreach of ContractPendent JurisdictionPersonal JurisdictionMotion to TransferForum Non ConveniensExtraterritorial ServiceSecurities Exchange ActRule 10b-5Long Arm Statute
References
16
Case No. ADJ6581429
Regular
Feb 28, 2010

ELLIS PARK vs. SCHOOL FIRST FEDERAL CREDIT UNION, TRAVELERS WALNUT CREEK

Here's a summary of the case for a lawyer, in a maximum of four sentences: This Workers' Compensation Appeals Board case concerns an applicant alleging a cervical and upper extremity injury on November 19, 2008, while retrieving an item under a desk. The Administrative Law Judge denied reconsideration, finding the applicant's medical reporting inconsistent with their trial testimony regarding the incident and its reporting to treating physicians. The applicant's failure to mention the specific injury mechanism to doctors shortly after the alleged event was a key factor in the denial. The Board adopted the WCJ's report, denying the petition for reconsideration.

Workers' Compensation Appeals BoardPetition for ReconsiderationIndustrial InjuryCourse of EmploymentCervical SpineUpper ExtremitiesMedical EvidenceTrier of FactTerminationKaiser Report
References
1
Case No. MISSING
Regular Panel Decision

Boyd v. Perales

The petitioner sought to expunge a 1976 child abuse report from the State Central Register, which alleged that her children were left bound and unsupervised, arguing it was irrelevant to her current child care employment. This challenge was initiated via a CPLR article 78 petition and transferred to the Appellate Division. An Administrative Law Judge had previously expunged two later reports but maintained the 1976 report. The court confirmed the respondents' determination, finding substantial evidence supported the ALJ's conclusion that the petitioner's serious lack of judgment in 1976 remained relevant to child care. Furthermore, the court dismissed the petitioner's due process argument as it was raised for the first time on appeal.

Child Abuse ReportState Central RegisterExpungementChild Care EmploymentAdministrative Law JudgeDue ProcessCPLR Article 78Social Services LawAppellate ReviewRehabilitation
References
1
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