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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

Health Alliance Network, Inc. v. Continental Casualty Co.

In this Memorandum Decision and Order, the District Court addressed post-trial motions filed by the Defendants after a jury verdict favored the Plaintiffs on claims of unpaid fees, breach of confidentiality, and misappropriation of trade secrets. Defendants sought judgment as a matter of law under Federal Rule of Civil Procedure 50 or, alternatively, a new trial under Rule 59. The Court denied the Rule 50 motion, citing procedural bars and sufficient evidentiary basis for the jury's findings. Furthermore, the Rule 59 motion for a new trial was denied, as the Court found no errors in the weight of the evidence, curative instructions, discovery, or evidentiary rulings, and deemed the verdict not excessive. Consequently, the jury's verdict was affirmed.

Judgment as a matter of lawNew trial motionBreach of confidentialityMisappropriation of trade secretsUnpaid feesFederal Rules of Civil Procedure 50Federal Rules of Civil Procedure 59Evidentiary rulingsDiscovery violationsJury verdict
References
28
Case No. MISSING
Regular Panel Decision

State v. Shawn X.

The case concerns an appeal by a respondent, previously convicted of sodomy and rape, who was civilly committed under Mental Hygiene Law article 10 for being a sex offender requiring civil management. The jury found he suffered from a mental abnormality predisposing him to sex offenses. On appeal, the respondent challenged the jury's finding as against the weight of the evidence, arguing against expert testimony and the use of the DSM-IV. He also claimed evidentiary errors and that the imposed regimen of strict and intensive supervision and treatment (SIST) infringed upon his parental and marital rights. The court affirmed the lower court's order, finding no errors in the jury's verdict, the evidentiary rulings, or the SIST conditions, which included provisions for future judicial review regarding his son.

Sex Offender Civil ManagementMental AbnormalityPedophilia DiagnosisDSM-IV CriteriaExpert Witness TestimonyPost-Release SupervisionParole ViolationEvidentiary ErrorsParental RightsStrict and Intensive Supervision and Treatment (SIST)
References
8
Case No. ADJ3123745 (VNO 0551286) ADJ3791599 (VNO 0548958)
Regular
Apr 29, 2015

Steven Kroesen (Deceased), Jennifer Kroesen (Widow) vs. CITY OF TORRANCE, CITY OF LONG BEACH

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a denial of death benefits for Steven Kroesen due to a dispute over the timeliness of the applicant's petition. The applicant claims their petition was timely delivered on November 12, 2014, via FedEx, but the WCAB's records show a filing date of November 13, 2014. The WCAB has returned the case to the administrative law judge for an evidentiary hearing to determine the exact filing date and address jurisdiction to consider the merits of the claim. This hearing will resolve whether the petition was filed within the statutorily allowed timeframe, considering Veterans Day and potential delays.

Petition for ReconsiderationTimelinessJurisdictionEvidentiary HearingJoint Findings and OrderReport of Workers' Compensation JudgeSupplemental PetitionFedEx deliveryR. SolisVeteran's Day
References
6
Case No. 99-CV-1607
Regular Panel Decision
May 25, 2000

Gardner v. Honest Weight Food Cooperative, Inc.

Plaintiff Leslie Gardner sued Honest Weight Food Cooperative, Inc., William Zeitlow, Maryanne Winslow, and Michael Toye for employment discrimination based on Jewish ethnicity, religion, and gender under Title VII and 42 U.S.C. § 1981, as well as state law claims under N.Y.Exec.Law § 296 and defamation. Defendants moved to dismiss the federal claims due to the untimely filing of the Title VII complaint and argued that at-will employment could not form a contractual basis for the § 1981 claim. Defendants also sought to dismiss state law claims, including defamation. The court denied all motions to dismiss, finding a genuine issue of material fact regarding the timely receipt of the Right-To-Sue letter for the Title VII claims and deferring the § 1981 at-will employment issue pending a Second Circuit decision. The court also found the state law defamation claim sufficiently pleaded.

Employment DiscriminationTitle VIICivil Rights Act of 1964Section 1981N.Y. Executive Law § 296DefamationSummary JudgmentMotion to DismissTimelinessRight-To-Sue Letter
References
51
Case No. ADJ9394000
Regular
Apr 13, 2015

CHRISTINE REDDEN vs. MJT ENTERPRISE, INC. dba BLUE RIBBON PERSONNEL, CASTLE POINT NATIONAL INSURANCE COMPANY, YORK RISK SERVICES GROUP, INC.

The Workers' Compensation Appeals Board denied reconsideration of the judge's decision, upholding the applicant's psychiatric injury claim. The WCAB gave significant weight to the judge's credibility determinations, finding no substantial evidence to overturn them. The Board also admonished the defendant's counsel for misrepresenting the evidentiary record in their petition. The applicant's injury was deemed not barred by the "6-month rule" because the incident was found to be a "sudden and extraordinary" event.

Petition for ReconsiderationWorkers' Compensation Appeals BoardMJT EnterpriseInc.Castle Point National Insurance CompanyYork Risk Services GroupInc.ADJ9394000WCJ credibility determinationsGarza v. Workmen's Comp. Appeals Bd.
References
5
Case No. ADJ1055189 (VNO 0384673) ADJ1713367 (VNO 0396399)
Regular
Dec 05, 2008

Diane Martinez vs. STATE COMPENSATION INSURANCE FUND, Permissibly Self-Insured

The Workers' Compensation Appeals Board granted reconsideration and rescinded an arbitrator's award of weight loss treatment, attendant care, and household assistance. The Board found the arbitrator erred by conducting an independent investigation without notice to the parties and by failing to provide an adequate record, including a summary of evidence. The case is remanded for further proceedings before a new arbitrator or judge to ensure a proper evidentiary record supports any future award.

Workers' Compensation Appeals BoardState Compensation Insurance FundReconsiderationArbitratorWeight Reduction ProgramAttendant AssistanceHousehold AssistanceMedical JustificationDue ProcessIndependent Investigation
References
4
Case No. ADJ8004147, ADJ8004039
Regular
Jul 25, 2016

NOE GUDINO vs. JUAN NAVARRO dba NAVARRO'S TREE SERVICE, UNINSURED EMPLOYERS BENEFITS TRUST FUND

This case concerns applicant Noe Gudino's petition for reconsideration of two adverse Findings of Fact and Orders denying claims for cumulative and specific work injuries. Although Gudino's claims were initially presumed compensable under Labor Code section 5402, the defendant successfully rebutted this presumption. The Appeals Board denied reconsideration, finding that any alleged evidentiary errors were invited by the applicant, and affording significant weight to the Workers' Compensation Judge's credibility determinations.

Workers' Compensation Appeals BoardNoe GudinoJuan NavarroUninsured Employers Benefits Trust FundFindings of Fact and OrdersCumulative InjurySpecific InjuryAOE/COELabor Code Section 5402Presumption of Compensability
References
3
Case No. MISSING
Regular Panel Decision

In re Cleo K-H.

The appeal concerned a child abuse proceeding where the Family Court, Kings County, found the appellant mother abused her daughter and extended placement with the New York City Department of Social Services. The appellate court affirmed the Family Court's order, finding that the determination of abuse was supported by a preponderance of the evidence. The child's out-of-court statements were corroborated by medical evidence, and the appellate court accorded great weight to the hearing court's credibility findings. The appellant's claims regarding the hearing conduct and evidentiary rulings were found to be without merit.

Child AbuseFamily Court Act Article 10Dispositional OrderChild PlacementSexual AbusePhysical AbuseMedical EvidenceCredibility FindingsAppellate ReviewParental Rights
References
5
Case No. MISSING
Regular Panel Decision
Sep 28, 2007

Bolden v. Commissioner of Social Security

Plaintiff Darrell Bolden sought disability insurance benefits under the Social Security Act, claiming a continuous disability since 1992. An Administrative Law Judge (ALJ) found him disabled from September 2003 but denied benefits for the June 2000 to September 2003 period. Bolden challenged this decision in federal court, while the Commissioner of Social Security sought to affirm it. The court, presided over by District Judge Dora L. Irizarry, denied both parties' motions for judgment on the pleadings. The case was remanded to the Commissioner for further evidentiary proceedings, citing the ALJ's failure to adequately explain the weight given to treating physicians' opinions and to fully analyze the implications of Bolden's medication non-compliance.

Disability BenefitsSocial Security ActSeizure DisorderPost-Traumatic Stress Disorder (PTSD)ALJ Decision ReviewResidual Functional CapacityMedical Non-ComplianceCase RemandFederal District CourtVietnam War Veteran
References
23
Case No. MISSING
Regular Panel Decision

State v. James Z.

In June 2010, the petitioner commenced a proceeding under the Mental Hygiene Law to civilly manage the respondent, alleging he was a sex offender requiring confinement due to a mental abnormality. After a jury trial, the respondent was found to be a detained sex offender with a mental abnormality, and subsequently committed to a secure treatment facility with his consent. The respondent appealed, contending that the jury's finding was against the weight of the evidence and that Supreme Court erred by allowing testimony about misconduct from his presentence report and using a confusing verdict sheet. The appellate court affirmed the order, determining that the jury's verdict was supported by expert testimony from multiple psychologists and that there were no errors in the court's evidentiary or procedural decisions. The court deferred to the jury's credibility determinations regarding the competing expert opinions on respondent's mental abnormality.

Sex OffenderCivil CommitmentMental AbnormalityAntisocial Personality DisorderParaphiliaExpert TestimonyWeight of EvidencePresentence ReportVerdict SheetAppellate Review
References
12
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