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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. 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. 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. 15-25-00167-CV
Regular Panel Decision
Nov 26, 2025

Shannon Medical Center v. Michael Sickels and James Christopher Cole

Radiologists Michael Sickels and James Christopher Cole sued Shannon Medical Center, alleging the hospital failed to properly monitor, report, and restrict their exposure to radiation while they treated patients, leading to injuries including cancer and amputations. Shannon Medical Center, a licensed health care provider, moved to dismiss these claims under Section 74.351 of the Texas Civil Practice & Remedies Code, arguing that they constituted health care liability claims requiring a statutory expert report. Sickels and Cole denied their claims were health care liability claims, asserting they arose from violations of the Texas Radiation Control Act and Texas Administrative Code, that they were employees of Shannon Medical Center, and that they had satisfied the expert report requirement by providing voluminous medical records. The trial court denied Shannon Medical Center's motion to dismiss, prompting this appeal. Shannon Medical Center argues that the claims satisfy all elements of a health care liability claim, highlighting the substantial nexus to health care, the involvement of medical equipment, and the need for expert testimony. They also contend that Sickels and Cole are not employees of the hospital, but rather independent contractors employed by Shannon Clinic, and that the medical records provided do not meet Chapter 74's expert report requirements for standard of care, breach, and causation, nor was a curriculum vitae served. Shannon Medical Center seeks reversal of the trial court's denial, dismissal of the case with prejudice, and an award of statutory remedies.

Health Care Liability ClaimMedical MalpracticeExpert ReportRadiation ExposureHospital NegligenceTexas Civil Practice and Remedies Code Chapter 74Motion to DismissEmployment StatusIndependent ContractorRadiology
References
36
Case No. MISSING
Regular Panel Decision

Methodist Healthcare System of SA, Ltd, LLP D/B/A Northeast Methodist Hospital v. Thomas Dewey

This interlocutory appeal concerns whether Thomas Dewey's premises liability claim against Northeast Methodist Hospital required an expert report under the Texas Medical Liability Act. Dewey was injured when an electronic door at the hospital closed on him, fracturing his hip. The hospital moved to dismiss, contending Dewey's claim was a healthcare liability claim, but the trial court denied the motion. The appellate court affirmed, ruling that Dewey's claim was a 'garden-variety slip and fall case' and not a healthcare liability claim, as it was untethered from healthcare and did not necessitate medical expert testimony to establish the standard of care.

Premises LiabilityHealthcare Liability ClaimTexas Medical Liability ActExpert ReportMotion to DismissHospital SafetyStandard of CareInterlocutory AppealStatutory ConstructionTexas Civil Practice and Remedies Code
References
13
Case No. W2002-01394-COA-R3-CV
Regular Panel Decision
Oct 06, 2003

Gregory Morris v. Shelby Co.

Plaintiff Gregory Morris, a jailer, sought on-the-job injury benefits after falling on an escalator and later experiencing severe knee pain following a shift requiring constant standing. He underwent surgeries on both knees, attributing the condition to the fall and subsequent work requirements. The trial court denied benefits, concluding that expert medical testimony failed to establish a causal link between his employment and the knee condition. On appeal, the Court of Appeals of Tennessee affirmed the trial court's decision, giving greater weight to the treating physician's testimony, who found it 'unusual' for the fall to cause the condition, over another expert's conclusory statement.

On-the-job injuryWorkers' compensationCausationMedical testimonyAggravation of injuryKnee injuryEscalator fallSheriff's departmentJailerExpert witness
References
8
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. ADJ7715497
Regular
Jan 17, 2015

SUDJAI SUKSAMRARN (Deceased) TUENJAI SUKSAMRARN (Widow) vs. BARRETT BUSINESS SERVICES, INC.

The Workers' Compensation Appeals Board granted the applicant's Petition for Removal, overturning an earlier decision that barred Edward Steinbrecher from testifying as an expert witness. The Appeals Board found that while Steinbrecher's prior representation of the applicant in a third-party action raised questions about his impartiality, this affected the weight of his testimony, not its admissibility. The judge erred by disallowing testimony solely because the expert was not deemed "disinterested," as this is not a legal requirement for expert qualification. Therefore, Steinbrecher is now permitted to testify as an expert witness.

Petition for RemovalExpert Witness TestimonyDisinterested WitnessAdmissibilityWeight of EvidenceThird Party CreditIndustrial InjuryDeath BenefitQualified ExpertPrior Representation
References
2
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