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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
Mar 02, 1999

People v. Abdul

The defendant was convicted after a jury trial in the Supreme Court, New York County, of criminal sale of a controlled substance in the third degree and sentenced to a term of 2 to 6 years. The judgment was unanimously affirmed by the Appellate Division. The court determined that the verdict was based on legally sufficient evidence and there was no basis to disturb the jury's credibility determinations. The court properly denied the defendant’s preclusion motion regarding a statement made to Emergency Medical Services (EMS) personnel, finding no evidence that EMS workers acted as police agents and that the inquiry was not an interrogation. The appellate court also found no basis for a reduction of the sentence and rejected the defendant's remaining claims.

Criminal LawControlled SubstancesJury TrialEvidence SufficiencyPreclusion MotionPolice AgencyInterrogationSentence ReviewAppellate Affirmation
References
3
Case No. MISSING
Regular Panel Decision

In re the Arbitration between State of New York Office of Mental Health & New York State Correctional Officers & Police Benevolent Ass'n

Judge Mugglin dissents from the majority's decision, which concluded that the arbitrator committed misconduct by excluding pertinent evidence, specifically respondent Taras Neznanyj’s convictions, leading to an irrational factual conclusion. The dissenting judge argues that prejudicial arbitral misconduct was not a basis urged by the petitioner for vacating the award, and an arbitrator only exceeds their power if the award violates public policy, is irrational, or exceeds a specific limitation. The judge contends that the arbitrator acted within their broad powers by choosing not to consider the criminal convictions, as they were not the basis for the original charges, and instead conducted a de novo review, hearing testimony from multiple witnesses. Furthermore, the dissent asserts that arbitrators are not legally required to give collateral estoppel effect to criminal convictions, thus the failure to admit certificates of conviction, when underlying evidence was heard, does not constitute prejudicial misconduct or render the award irrational.

ArbitrationArbitrator MisconductCollateral EstoppelCPLR 7511Vacating Arbitration AwardDe Novo ReviewEvidence ExclusionCriminal ConvictionsAppellate DissentScope of Arbitrator's Power
References
6
Case No. ADJ3156337 (FRE 0209931) ADJ4199467 (FRE 0209932)
Regular
Nov 20, 2008

FRANK FLORES vs. NICKEL'S PAYLESS STORES, WAUSAU INSURANCE COMPANIES, EVEREST NATIONAL INSURANCE COMPANY, AMERICAN COMMERCIAL CLAIMS ADMINSITRATORS

The Workers' Compensation Appeals Board granted reconsideration of an award for a 1999 right foot and ankle injury, specifically addressing the defendant's claims of error in permanent disability calculation without apportionment and the exclusion of medical evidence. The Board intends to admit the Agreed Medical Evaluator's reports into evidence, which the WCJ had previously excluded. This decision will allow the Board to review all relevant medical evidence before making a final determination on apportionment and the applicant's claimed injuries.

Workers Compensation Appeals BoardIndustrial InjuryPermanent Partial DisabilityApportionmentAgreed Medical EvaluatorSubstantial Medical EvidenceAdmissibility of EvidencePetition for ReconsiderationAmended Findings Award and OrderMinutes of Hearing
References
0
Case No. ADJ8518632
Regular
May 09, 2017

HORACIO MONTOYA vs. CBC FRAMING, INC., ARCH INSURANCE COMPANY, A B GALLAGHER BASSETT

The WCAB granted the defendant's Petition for Removal regarding a prior WCJ order compelling a Functional Capacity Evaluation. Removal was granted because the WCJ's order was based on a medical report that had not been formally admitted into evidence, preventing meaningful review. The Board will now admit the defendant's medical report into evidence for the limited purpose of determining the Petition for Removal. This action is an extraordinary remedy due to the prejudice caused by relying on unadmitted evidence.

RemovalFunctional Capacity EvaluationIndustrial InjuryPrejudiceIrreparable HarmAdmitted EvidenceQualified Medical EvaluationExhibit AAdministrative Law JudgePetition for Removal
References
4
Case No. MISSING
Regular Panel Decision

People v. Rodriguez

The defendant, indicted for resisting arrest and DWI, filed a motion to prevent the District Attorney from using evidence of his refusal to take a chemical test at trial. The defendant argued that admitting such evidence violates his Fifth Amendment rights against self-incrimination, despite a 1973 amendment to Vehicle and Traffic Law § 1194 that permitted it. The court analyzed precedents, distinguishing between the non-testimonial nature of the test itself and the communicative nature of a refusal. It concluded that a refusal constitutes a communication, thus falling under Fifth Amendment protection. Consequently, the court granted the defendant's motion, ruling that such evidence is inadmissible.

Fifth AmendmentSelf-incriminationChemical Test RefusalDWIAdmissibility of EvidenceConstitutional RightsTestimonial EvidenceImplied Consent LawPreclusion MotionCriminal Procedure
References
19
Case No. ADJ383454
Regular
Jun 13, 2011

ALVARO RAMOS vs. HIGHRISE CONCRETE SYSTEMS, CONTINENTAL CASUALTY COMPANY

The Appeals Board granted reconsideration and rescinded the prior decision, returning the case to the trial level for further proceedings. This was due to the original decision lacking substantial evidence and a clear basis for its findings regarding the extent of the applicant's industrial injuries. The Board found the WCJ failed to adequately explain the evidence relied upon for both the admitted injuries and the denied injuries. Additionally, the Board clarified that the applicant's credibility was initially misstated and further medical evidence may be required for denied conditions.

Workers' Compensation Appeals BoardReconsiderationFindings and AwardIndustrial InjuryBack InjuryLower ExtremitiesPermanent DisabilityFurther Medical TreatmentPsyche InjuryInternals Injury
References
7
Case No. ADJ7348056, ADJ8808882
Regular
Feb 17, 2015

DIANA AGUAYO vs. GROSSMONT UNION HIGH SCHOOL DISTRICT, CORVEL CORPORATION

The Workers' Compensation Appeals Board denied the defendant's Petition for Reconsideration. The defendant argued that the applicant's chiropractor's reports were inadmissible and not the sole basis for an award, and that cervical spine injury lacked substantial medical evidence. The Board found the chiropractor's reports were properly admitted, even if obtained after the statutory visit limit, as the applicant paid for them. Furthermore, evidence from other physicians supported the cervical spine injury finding, meeting the substantial evidence standard. Therefore, the Board upheld the original award.

Workers Compensation Appeals BoardPetition for ReconsiderationJoint Findings Award and OrderPermanent Partial DisabilityApportionmentTreating ChiropractorLabor Code Section 4600(c)Labor Code Section 4064.5(c)(1)Admissibility of EvidenceLabor Code Section 4605
References
1
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. ADJ 7511877, ADJ 7396932
Regular
May 03, 2017

MARIA MORALES vs. MONTEBELLO UNIFIED SCHOOL DISTRICT, YORK RISK SERVICES GROUP, INC.

The Appeals Board affirmed the WCJ's decision disallowing further payment on Monrovia Memorial Hospital's lien. The court found that Monrovia failed to provide sufficient evidence to establish that its requested charges were reasonable and consistent with a "reasonable cost basis" as required for long-term care hospitals exempt from the Official Medical Fee Schedule. Lien claimants bear the affirmative burden of proving the reasonableness of their liens by a preponderance of the evidence. The Board also noted that discovery was properly closed at the lien conference, precluding Monrovia's delayed introduction of evidence.

Workers' Compensation Appeals BoardJoint Findings and OrderIndustrial InjuryCervical SpineLumbar SpineRight HipBilateral KneesPsycheLien ClaimantMonrovia Memorial Hospital
References
2
Case No. MISSING
Regular Panel Decision

Garcia v. City of New York

Justice Steuer dissents from the majority's decision to order a new trial on the plaintiff's complaint, adopting the majority's statement of facts. Steuer argues that the jury verdict lacked any evidentiary basis, stating that the plaintiff and his co-worker's belief that the defendant's cable was not enclosed in concrete was merely a deduction. This deduction, Steuer asserts, cannot raise an issue against substantial evidence of a concrete covering, citing that "incredible evidence is no evidence at all." Steuer agrees with leaving open the defendants' claim against Kaufman but concludes that the plaintiff's complaint should be dismissed, and the counterclaim severed for further proceedings.

Jury VerdictEvidentiary BasisConcrete CoveringDissenting OpinionNew TrialDismissalCounterclaimAppellate ReviewCredibility of EvidenceBurden of Proof
References
1
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