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

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

National Surety Corp. v. Rushing

The defendant appealed a jury verdict granting the plaintiff workers' compensation for total and permanent disability. The primary contention was the trial court's admission of an expert chiropractor witness not timely disclosed in pretrial interrogatories, violating Tex.R.Civ.P. 168. The appellate court upheld the trial court's decision, finding no abuse of discretion given the court's offer of a recess to depose the witness, which the defendant declined, and the defendant's failure to show prejudice. The court also affirmed the trial court's ruling on an objection during cross-examination of the chiropractor, noting the defendant's failure to lay a proper predicate for the introduction of an authoritative treatise. The defendant's remaining points of error were found to be without merit.

Discovery RulesExpert Witness TestimonyInterrogatoriesRule 168 ViolationWorkers' CompensationChiropractic EvidenceAbuse of DiscretionAppellate ProcedurePrejudice RequirementEvidentiary Foundation
References
14
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. 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. CA 16-02017
Regular Panel Decision
Apr 28, 2017

DOMINICK, NICHOLAS v. CHARLES MILLAR & SON CO.

Plaintiffs Nicholas Dominick and Lorraine J. Dominick initiated an action against the Millar defendants, alleging injuries Nicholas sustained due to asbestos exposure from products supplied by the defendants. A jury found the Millar defendants liable for failing to provide adequate warnings regarding asbestos hazards, deeming this a substantial factor in causing Nicholas's injuries. The defendants-appellants appealed, contesting the sufficiency of evidence for causation and the preclusion of certain witnesses. The Supreme Court, Appellate Division, Fourth Judicial Department, upheld the lower court's judgment. The appellate court found the expert testimony sufficient to establish specific causation, rejected claims of improper witness preclusion, and affirmed the jury's apportionment of fault and the awarded damages for future pain and suffering.

Asbestos ExposurePersonal InjuryProduct LiabilityFailure to WarnCausationJury VerdictAppellate ReviewSufficiency of EvidenceExpert TestimonyWitness Preclusion
References
16
Case No. MISSING
Regular Panel Decision

National Standard Insurance Co. v. Gayton

National Standard Insurance Company appealed a judgment awarding workers’ compensation benefits to Chris Gayton. The central issue was the admissibility of medical records containing diagnoses and opinions from treating physicians (Dr. A.R. Fernandez, Dr. Wainscott, and Dr. Corbin) when Gayton had not listed them as expert witnesses in discovery interrogatories. National Standard argued for exclusion based on Texas Rules of Civil Procedure 166b and 215, which require designation of expert witnesses. The court, however, distinguished between testifying experts and nontestifying medical experts whose opinions are part of authenticated medical records. It held that the discovery rules for testifying experts do not preclude the admission of such medical records. Consequently, the judgment awarding benefits to Gayton was affirmed.

Discovery ProceduresExpert TestimonyMedical EvidenceAdmissibility of EvidenceTexas Rules of Civil ProcedureAppellate PracticePersonal Injury LitigationDisability BenefitsTreating Physician's RecordsHearsay Rule Exception
References
10
Case No. MISSING
Regular Panel Decision

Service Lloyds Insurance Co. v. Harbison

This worker's compensation case examines the timeliness of supplemental answers to interrogatories regarding expert witnesses under Texas Rules of Civil Procedure. Gary L. Harbison filed a worker's compensation claim, which Service Lloyds Insurance Company challenged. During discovery, Service Lloyds objected to an expert witness interrogatory, but the trial court overruled it, directing an answer within 30 days of trial. Service Lloyds designated an expert on February 28th for a March 19th trial. Harbison unsuccessfully sought to exclude the expert's testimony. The trial court admitted the expert testimony, leading to a judgment that Harbison take nothing. The court of appeals reversed, but the Supreme Court of Texas reversed the court of appeals' judgment and affirmed the trial court's original judgment, holding that the supplemental answers were timely filed pursuant to Rule 168.6.

Expert TestimonyTimelinessInterrogatoriesTexas Rules of Civil ProcedureWorker's CompensationDiscoveryAppellate ReviewTrial CourtCourt of AppealsSupreme Court of Texas
References
2
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
Case No. 2020-03-0716
Regular Panel Decision
Oct 30, 2023

Taylor, Ariel v. Coca Cola Bottling Company

In this interlocutory appeal, the employer asserts the trial court erred in concluding it failed to comply with a scheduling order and in excluding its vocational expert. The employee suffered a compensable back injury and settled an initial claim. When his initial compensation period expired, he filed for additional disability benefits. A scheduling order required expert witness disclosure by May 5, 2023, but did not specify expert report exchange. The employer identified its vocational expert, Ms. Michelle Weiss, via email in March 2023 and provided her report in May, after the May 5 disclosure deadline but before other deadlines. The trial court excluded Ms. Weiss's testimony. The Appeals Board reversed, finding the term 'disclose' in the scheduling order ambiguous, especially given later deadlines for discovery and identification of testifying witnesses. The Board concluded the employer's email identifying the expert complied with the May 5 deadline.

vocational expertexpert witness disclosurescheduling orderdiscovery disputeevidence exclusionappellate reviewabuse of discretionambiguous court orderremandworkers' compensation law
References
5
Case No. MISSING
Regular Panel Decision

Gutierrez v. Dallas Independent School District

Maria Gutierrez, an employee of Dallas Independent School District (DISD), sued for workers' compensation benefits after sustaining a back injury. On appeal, Gutierrez argued that the trial court erred by allowing DISD to present expert witness testimony from Dr. Peter Kurilecz, whose identity was not disclosed during discovery in response to a general interrogatory for 'all witnesses.' The court held that Texas Rule of Civil Procedure 166b(5)(b) requires specific inquiry for expert witnesses, and a general request for 'all witnesses' is insufficient. Citing Meyerland Co. v. Palais Royal of Houston, Inc. and distinguishing Yeldell v. Holiday Hills Retirement and Nursing Center, the court affirmed that DISD was not obligated to disclose Dr. Kurilecz. Furthermore, Gutierrez declined a continuance offered by the trial court. Consequently, the court affirmed the trial court's judgment.

Expert Witness TestimonyDiscovery RulesInterrogatoriesWitness DisclosureTexas Rules of Civil ProcedureWorkers' Compensation LawTrial Court DiscretionAppellate ReviewContinuanceMotion for Rehearing
References
3
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