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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
Sep 01, 1994

Hunt v. Hunt

This case involves an appeal stemming from a dispute between two brothers, Donald and Edward G. Hunt, over the ownership of Hunt Brothers Contractors, Inc. Donald commenced an action claiming 50% shareholder ownership in the corporation and seeking an accounting, which Edward denied. Edward counter-sued for money damages, alleging Donald improperly withdrew funds from joint bank accounts. The Supreme Court dismissed Donald's claim and ruled in favor of Edward in the second action. Donald appealed, but the appellate court affirmed the lower court's judgment. The court found that Donald failed to prove his 50% ownership claim by a preponderance of the evidence, noting inconsistencies in his statements and lack of capital contribution. The appellate court also deferred to the trial court's assessment of witness credibility, and Donald abandoned his appeal regarding the damages awarded to Edward.

Shareholder disputeCorporate ownershipFamily business disputeEvidentiary burdenCredibility assessmentAppellate reviewJoint bank accountsBusiness assetsStock ownershipCorporate records
References
9
Case No. ADJ10192587
Regular
Dec 27, 2017

TIMOTHY WILCOX vs. CALIFORNIA DEPARTMENT OF FORESTRY AND FIRE PROTECTION, STATE COMPENSATION INSURANCE FUND

This case involved a workers' compensation claim where the applicant, Timothy Wilcox, sought benefits for an abdominal injury sustained while lifting. The defendant contested the 50-pound lifting restriction recommended by the applicant's Qualified Medical Examiner (PQME), Dr. Fearer. The Appeals Board upheld the WCJ's decision, finding Dr. Fearer's medical opinion to be substantial evidence, even though it changed significantly. The Board adopted Dr. Fearer's reasoning that the 50-pound restriction, supported by applicant's credible testimony and affecting his ability to perform his firefighter duties, justified an increased permanent disability rating.

workers' compensationPetition for ReconsiderationQualified Medical ExaminerPQMEwhole person impairmentWPIlifting restrictioninternal herniasmall bowel resectionAlmaraz/Guzman
References
5
Case No. MISSING
Regular Panel Decision

Camotex, S.R.L. v. Hunt

Camotex, S.R.L. sued Lamar Hunt, Bache, and Merrill Lynch, alleging a conspiracy to manipulate the silver commodities markets in 1980. The defendants moved for summary judgment, asserting the action was time-barred because Camotex's cause of action arose no later than May 1980. Camotex countered that the brokers' role was fraudulently concealed, invoking equitable tolling of the statute of limitations. The court examined whether public information before May 1980 provided sufficient notice to Camotex of the brokers' involvement. It found that early press accounts did not suggest an unusual role for the brokers beyond large-scale ordinary services. Consequently, the court denied the defendants' motion for summary judgment, concluding that insufficient information was available to trigger the statute of limitations before May 1980.

Market ManipulationSilver CommoditiesStatute of LimitationsEquitable TollingFraudulent ConcealmentSummary Judgment MotionBroker InvolvementNotice RequirementDue DiligenceConspiracy Allegations
References
9
Case No. MISSING
Regular Panel Decision
Sep 29, 1999

Faele v. New York City Health & Hospitals Corp.

Plaintiff Rosemary Faele, a nurse at Coney Island Hospital, sustained an eye irritation and received brief examinations from defendants Dr. Barry Eppinger and Dr. An-nan Das in the hospital's emergency room. Her condition worsened, and she was later diagnosed with a severe eye infection by a private ophthalmologist. Though compensated via Workers' Compensation, Faele and her husband initiated a medical malpractice action against the doctors and the New York City Health and Hospitals Corporation. The Supreme Court dismissed the complaint by granting summary judgment to the defendants. The appellate court affirmed this decision, ruling that a sufficient nexus existed between Faele's employment and the alleged malpractice, thereby precluding a common-law malpractice claim and limiting her recourse to Workers' Compensation.

Medical MalpracticeWorkers' Compensation PreclusionSummary Judgment AffirmationEmployment-Related InjuryHospital LiabilityEmergency Medical TreatmentAppellate Division DecisionPersonal InjuryDoctor-Patient NexusConey Island Hospital
References
4
Case No. ADJ4681761
Regular
Feb 16, 2010

GEOFFREY MALINE vs. COUNTY OF SAN BERNARDINO

This case concerns an applicant's admitted industrial injury in May 2003, which the defendant sought to limit. The defendant contested findings that the injury extended to the applicant's right shoulder and left upper extremity, and that it caused additional temporary disability and 40% permanent disability. The Workers' Compensation Appeals Board denied reconsideration, finding the opinion of Dr. Hunt, one of the applicant's treating physicians, constituted substantial evidence supporting these findings. Dr. Hunt's detailed opinions on the injury's extent, the need for ongoing treatment, and the applicant's temporary and permanent disability were persuasive, particularly given later diagnostic findings.

Workers' Compensation Appeals BoardGeoffrey MalineCounty of San BernardinoFindings and Awardtemporary disabilitypermanent disabilityorthopedic surgeontreating physicianindustrial injuryprobation officer
References
3
Case No. MISSING
Regular Panel Decision

Johnson v. New York Hospital

Plaintiff, a registered nurse, filed an action under Section 504 of the Rehabilitation Act against The New York Hospital, its President Dr. David Skinner, and Assistant Director of Nursing Mr. Jody Sklar, alleging unlawful employment termination due to an alcoholism relapse. The plaintiff objected to a protective order preventing Dr. Skinner's deposition, while defendants sought to dismiss claims against individual defendants. The court granted dismissal against Mr. Sklar but denied it for Dr. Skinner, finding that individuals responsible for discriminatory decisions can be liable under the Act, especially those in positions to accept federal funds. Consequently, the protective order against deposing Dr. Skinner was set aside.

Rehabilitation Actemployment discriminationdisability rightsalcoholismindividual liabilitycorporate responsibilityprotective orderdiscoverymotion to dismiss
References
9
Case No. MISSING
Regular Panel Decision

Rafiy v. Nassau County Medical Center

Dr. M. Pierre Rafiy and Dr. Philip Rafiy (the Rafiys) initiated a civil action against Nassau County Medical Center, Nassau County, Dr. Bruce Meinhard, and Dr. Anthony Angelo. Their claims, brought under 42 U.S.C. § 1983 and the Sherman Act, included deprivation of hospital privileges without due process, racial discrimination, and retaliation for exercising free speech rights. The Defendants sought summary judgment, arguing the revoked assignments were not protected property interests and the Rafiys failed to exhaust state remedies. They also contended that the Rafiys' speech was not protected under the First Amendment and that evidence for discrimination was lacking. The court granted the Defendants' motion for summary judgment on all counts, concluding that no constitutional violations occurred and that the Rafiys' antitrust claim had been withdrawn.

Civil RightsDue ProcessFirst AmendmentEqual ProtectionRacial DiscriminationRetaliationHospital PrivilegesSummary JudgmentSherman ActAntitrust
References
29
Case No. MISSING
Regular Panel Decision

In Re Hunt

Nassau Educators Federal Credit Union (NEFCU) moved for relief from the automatic stay to set off outstanding loan balances against deposits in the co-debtors' share accounts, citing New York State Debtor and Creditor Law § 151. The co-debtors, William E. Hunt and Ernelle Hunt, argued that these funds, derived from their pensions, were exempt under New York City Administrative Code §§ 13-312 and 13-375 and NYDCL § 282, and that NEFCU's administrative freeze violated the automatic stay. The court denied NEFCU's motion, ruling that New York's exemption statutes for pension funds should be broadly interpreted to protect the proceeds from 'any other process,' including setoff, to prevent the exemptions from becoming a nullity. Consequently, the court ordered NEFCU to remove the administrative freeze and permit the co-debtors to access their funds.

Automatic StaySetoff RightsPension ExemptionsBankruptcy Chapter 7Debtor ProtectionStatutory InterpretationCreditor's ClaimsNew York State LawAdministrative FreezeEquitable Remedies
References
21
Case No. MISSING
Regular Panel Decision
Feb 01, 1989

Murphy v. Blum

Donald Murphy, an NBA referee, underwent a physical examination by defendant Dr. Richard Blum and a stress test analyzed by Blum, which was found "abnormal." The results were communicated to the NBA and Murphy's personal physician. Following a a cardiac arrest that ended his career, Murphy sued Dr. Blum for medical malpractice. The Supreme Court, Nassau County, dismissed the complaint, ruling that no physician-patient relationship existed between Murphy and Dr. Blum because Blum was retained solely by the NBA for an examination, not for treatment. The Appellate Division affirmed the dismissal, upholding that a doctor engaged for examination purposes only assumes duties associated with those functions, not duties concerning treatment or expert opinions.

Medical MalpracticePhysician-Patient RelationshipDuty of CareComplaint DismissalCPLR 3211(a)(7)Appellate ReviewProfessional Sports InjuryPre-employment ExaminationNo Physician-Patient RelationshipAffirmation of Order
References
3
Case No. MISSING
Regular Panel Decision

Stetka v. Hunt Real Estate Corp.

Plaintiff Mary Lou Stetka initially filed a pro se action, later amended with counsel, alleging sex discrimination and harassment under Title VII of the Civil Rights Act and the New York State Human Rights Law against Hunt Real Estate. Defendant Hunt Real Estate moved for summary judgment, contending that Stetka was an independent contractor, not an employee, and thus not covered by these employment discrimination statutes. The court applied the common law agency test, considering factors such as control over work, method of payment, and tax treatment. The court found that Stetka, a licensed real estate agent, worked autonomously, set her own hours, developed her own business, and received commissions without employee benefits or tax deductions, concluding she was an independent contractor. Consequently, the court granted summary judgment for Hunt Real Estate on the federal claim and dismissed the pendent state claim due to lack of original jurisdiction.

Employment DiscriminationSex DiscriminationTitle VIINew York State Human Rights LawIndependent Contractor StatusSummary JudgmentCommon Law Agency TestReal Estate IndustrySexual Harassment ClaimPendent Jurisdiction
References
28
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