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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. MISSING
Regular Panel Decision

Cano v. Everest Minerals Corp.

This is a toxic tort case brought by fifty-three individuals and related claimants against defendants engaged in uranium mining and milling activities in Karnes County, Texas. Plaintiffs allege that exposure to ionizing radiation from uranium ore and its decay products caused their various cancers. The Court considered Defendants’ motion to exclude the expert testimony of Dr. Malin Dollinger, the Plaintiffs’ sole expert on specific causation. Dr. Dollinger's methodology, based on differential diagnosis and the linear no-threshold hypothesis, was found unreliable for determining specific causation. Consequently, the Court granted Defendants' motion to exclude Dr. Dollinger's testimony and subsequently granted summary judgment in favor of the Defendants, dismissing the case with prejudice due to Plaintiffs' lack of admissible proof on specific causation.

Toxic TortUranium MiningRadiation ExposureCancer CausationExpert TestimonyDaubert StandardSummary JudgmentSpecific CausationGeneral CausationEpidemiology
References
46
Case No. MISSING
Regular Panel Decision

Claim of Washington v. Montefiore Hospital

Claimant, a mechanical engineer, sustained a work-related injury and received initial workers' compensation benefits. The employer later contested further disability, leading to a Workers' Compensation Law Judge (WCLJ) order for medical expert depositions, including one from the employer's expert, Robert Orlandi. Claimant's counsel objected to Orlandi's telephone deposition but failed to formally challenge the notice or raise a specific objection to the oath administration during the deposition. Orlandi's testimony, taken via telephone with the court reporter in New York and Orlandi in Connecticut, concluded that the claimant was no longer disabled. Both the WCLJ and the Workers' Compensation Board credited Orlandi's testimony, finding the claimant waived objections to the deposition's procedural irregularities. The Appellate Division affirmed the Board's decision, ruling that the claimant's failure to make a timely and specific objection to the oath's administration during the deposition constituted a waiver, thus allowing the Board to properly rely on Orlandi's evidence.

Workers' CompensationMedical TestimonyDeposition ProcedureWaiver of ObjectionCPLROath AdministrationDisability AssessmentAppellate ReviewExpert WitnessProcedural Irregularities
References
2
Case No. MISSING
Regular Panel Decision

People v. Gans

This court opinion addresses whether a certified social worker can be qualified as an expert witness to provide testimony regarding a defendant's mental capacity to proceed and future competency. The defense sought to qualify Hillel Bodek, a certified social worker specializing in forensic clinical social work, as an expert witness for these purposes. The court meticulously reviewed the qualifications of clinical social workers, acknowledging their critical role in the diagnosis of mental disorders, including their involvement in the development of the DSM III. Despite statutory provisions in CPL article 730 outlining who may serve as psychiatric examiners, the court emphasized that other appropriately trained and experienced experts can also offer testimony on competence. Ultimately, the court ruled in the affirmative, concluding that certified social workers with demonstrated training and supervised clinical experience in diagnosis and capacity assessment are qualified to provide expert testimony on these crucial issues.

Expert Witness QualificationCertified Social WorkerMental Capacity AssessmentCompetency to ProceedForensic Mental HealthDiagnostic AssessmentPrognostic StatementsCriminal Procedure Law Article 730DSM IIINon-Medical Expert Testimony
References
13
Case No. MISSING
Regular Panel Decision

Porcelli v. PMA Associates

Claimant sought workers' compensation death benefits for her husband's death from respiratory failure, alleging it was an occupational disease from toxic chemical exposure during his 30+ years as a printer. A WCLJ initially awarded benefits, but the Workers' Compensation Board later precluded the claimant's medical expert's report and testimony due to untimely filing under 12 NYCRR 300.2 (d) (12). This preclusion led the Board to find no established causal relationship, closing the case without benefits. The appellate court affirmed the Board's decision, finding adequate support for precluding the expert's evidence due to procedural non-compliance.

Workers' CompensationOccupational DiseaseDeath BenefitsMedical ExpertReport PreclusionTimely FilingProcedural RuleCausal RelationshipAppellate ReviewAdministrative Law
References
6
Case No. 21-mc-102
Regular Panel Decision

Socha v. 110 Church, LLC

Plaintiffs, Marek Soeha, Jerzy Muszkatel, Tadeusz Kowalewski, Wla-dyslaw Kwasnik, and Waldemar Ropel, sought to compel expert testimony from non-retained physicians associated with the Mt. Sinai World Trade Center Medical Monitoring Program and a Workers’ Compensation physician. These "Non-Retained Experts" possess unique knowledge regarding the effects of World Trade Center dust but were unwilling to provide data or serve as expert witnesses due to time constraints and concerns about compromising neutrality. District Judge Alvin K. Hellerstein denied the plaintiffs' motion to compel depositions and amended expert disclosures, finding a lack of "substantial need" as the information was not unique and comparable witnesses were available. However, acknowledging the unparalleled scope of the Mt. Sinai WTC Health Program's research, the court ordered Mt. Sinai to produce its data, with appropriate redactions, following an established protocol.

Expert Witness DepositionMotion to CompelFederal Rules of Civil Procedure 26Non-Retained ExpertsWorld Trade Center LitigationMedical Monitoring ProgramDiscovery DisputeSubpoena Expert WitnessCausation TestimonyData Disclosure Order
References
3
Case No. MISSING
Regular Panel Decision

Kurz v. St. Francis Hospital

The defendants moved to preclude plaintiffs' expert testimony on causation or, alternatively, for a pretrial hearing regarding the plaintiff's vision loss. The plaintiff developed visual disturbances shortly after receiving Amiodarone intravenously following cardiac bypass surgery in 2008. Defendants argued a lack of scientific evidence linking short-term Amiodarone use to optic neuropathy, while the plaintiff's expert contended that rapid drug absorption could cause optic disc edema, a known side effect. Furthermore, the plaintiff highlighted medical records where defendant physicians themselves initially attributed the vision loss to the medication. The court, applying the Frye standard, determined that general causation—Amiodarone causing vision loss—is an established medical theory. It further ruled that the specific causation tests from Parker and Cornell, typically applied to toxic tort cases, were not strictly applicable here due to the distinct nature of medical malpractice. Consequently, the court denied the defendants' motion, finding an adequate foundation for the admissibility of the plaintiff's expert testimony, with any disputes regarding specific timing affecting only the weight of the evidence, not its admissibility.

Medical MalpracticeExpert TestimonyCausationAmiodaroneOptic NeuropathyVision LossMotion in LimineFrye StandardParker StandardCornell Standard
References
9
Case No. 03-533
Regular Panel Decision

In Re Silica Products Liability Litigation

This order addresses issues within a multidistrict litigation (MDL) concerning silicosis claims. For the case of Alexander v. Air Liquide America Corp. (S.D. Tex. Cause No. 03-533), involving 100 plaintiffs and 41 defendants, the court grants defendants' motion to exclude the expert testimony and diagnoses of Dr. Harron and Dr. Levy. The court found their methodologies for diagnosing silicosis unreliable due to inadequate occupational histories and a failure to properly rule out other conditions. Additionally, the court grants motions for sanctions against the law firm O'Quinn, Laminack & Pirtle, citing their unreasonable and vexatious multiplication of proceedings through the submission of unreliable diagnoses. The firm is ordered to cover Alexander's proportionate share of the defendants' costs for the Daubert hearings. Plaintiffs in Alexander are also instructed to amend jurisdictional allegations regarding American Optical's principal place of business.

SilicosisMultidistrict LitigationExpert TestimonyDaubert ChallengeSanctionsFraudulent DiagnosisSubject-Matter JurisdictionDiversity JurisdictionImproper JoinderRule 702
References
14
Case No. 2020 NY Slip Op 07002 [188 AD3d 1524]
Regular Panel Decision
Nov 25, 2020

Matter of Walczak v. Asplundh Tree Expert Co.

Claimant Marian Walczak, an arborist, appealed a Workers' Compensation Board decision that deemed his claim for occupational hearing loss untimely. Walczak worked for Asplundh Tree Expert Co. from 1998 to 2006 and filed his claim in 2017, listing the onset of hearing loss as December 27, 2006. The Board found the claim time-barred under Workers' Compensation Law § 28, asserting that Walczak knew or should have known of his hearing loss and its probable work-related cause by January 19, 2012, given his testimony and medical records. The Appellate Division affirmed, emphasizing that specialized medical knowledge is not required to trigger the 90-day limitations period under Workers' Compensation Law § 49-bb, and deference is given to the Board's findings of fact and credibility assessments.

Occupational Hearing LossTime-Barred ClaimWorkers' Compensation Law § 28Workers' Compensation Law § 49-bbStatute of LimitationsDate of DisablementKnowledge of DiseaseMedical Diagnosis Not RequiredAppellate ReviewWorkers' Compensation Board
References
2
Case No. 2010 NY Slip Op 81574[U]
Regular Panel Decision

People v. Santiago

This case addresses the admissibility of expert testimony on eyewitness identification in a criminal assault trial. The defendant, Edwin Santiago, was identified by the victim and two other witnesses, but concerns arose regarding the reliability of these identifications due to factors like partial concealment, initial uncertainty, and potential post-event influences. The Supreme Court initially denied the motion to admit expert testimony, and the Appellate Division affirmed this decision. The Court of Appeals reversed, concluding that the trial court abused its discretion in excluding key expert testimony on eyewitness recognition memory and ordered a new trial, finding the corroborating evidence insufficient to bypass the need for such testimony.

Eyewitness IdentificationExpert Testimony AdmissibilityEyewitness Recognition MemoryMistaken IdentificationCriminal AssaultAppellate ReviewNew Trial OrderedCorroborating EvidenceFrye HearingConfidence-Accuracy Correlation
References
7
Case No. 09-04-369 CV
Regular Panel Decision
Aug 11, 2005

American Interstate Insurance Company v. William E. Hinson

The Texas Court of Appeals, Ninth District, affirmed a jury's finding that William E. Hinson was not intoxicated at the time of his workplace injury. Hinson, a steel connector, fell from a structure and subsequently tested positive for marijuana metabolites. American Interstate Insurance Company appealed, contending that expert testimony from Dr. Thomas Kurt conclusively proved Hinson's intoxication. However, the court ruled that expert testimony is not always binding, especially when contradicted by lay testimony and circumstantial evidence of normal behavior. The jury was entitled to weigh Hinson's self-assessment of his faculties against the expert's opinion, particularly given questions regarding the urine sample's collection date and the expert's methodology.

Workers' CompensationIntoxication DefenseMarijuanaSufficiency of EvidenceExpert Testimony AdmissibilityLay Witness CredibilityUrine Drug TestImpaired FacultiesAppellate ReviewTexas Labor Law
References
39
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