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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

Claim of Mills v. Penney

In 1993, the claimant suffered a back injury and was later classified with a permanent partial disability in 2000, receiving benefits until 1997. In 2006, the claimant sought further benefits, but a Workers' Compensation Law Judge denied the request, a decision affirmed by the Workers' Compensation Board. The Board ruled that the claimant voluntarily withdrew from the labor market by failing to demonstrate attachment. The appellate court affirmed the Board's decision, citing that the claimant's testimony regarding job applications was evasive and her physician opined that she was embellishing symptoms. Despite extensive schooling, the claimant was unable to secure suitable employment, further supporting the Board's conclusion to deny further benefits.

Workers' Compensation AppealLabor Market AttachmentPermanent Partial DisabilityVoluntary WithdrawalBenefit DenialEvading TestimonyMedical Opinion DiscrepancyCredibility FindingAppellate ReviewWorkers' Compensation Board Decision
References
7
Case No. MISSING
Regular Panel Decision
Mar 19, 2003

Hitchcock v. Kilts

This case concerns an appeal from Family Court orders dismissing a petitioner's applications for custody modification and an order of protection, and granting a respondent's application to reinstate a prior custody order. The petitioner alleged the respondent had abused their children, but the Family Court found these disclosures embellished and reinstated custody to the respondent. The appellate court affirmed, finding a sound basis for the Family Court's decision, noting the children's exposure to domestic violence while the petitioner resided with the respondent. The court concluded that a change in custody to the petitioner would not be in the children's best interests, rejecting arguments that undue significance was given to the prior order or that the Law Guardian's view was ignored. The orders were affirmed without costs.

Custody disputeChild abuse allegationsFamily offenseOrder of protectionCustody modificationBest interests of the childAppellate reviewDomestic violenceWitness credibilitySocial worker testimony
References
9
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