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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

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. 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
Case No. 5615/89; 2643/91
Regular Panel Decision

In re the Director of the Assigned Counsel Plan

The court denies the Director of the Assigned Counsel Plan of the City of New York's request for further reconsideration of 'reasonable compensation' awarded to expert witness Hillel Bodek in People v Toe and People v Hoe. Judge Goodman reaffirmed the original compensation, emphasizing that judicial determinations of expert fees under County Law § 722-c are not subject to administrative review by the Director. The court rejected arguments regarding excessive compensation, lack of specificity in orders, and the expert's qualifications, highlighting the confidentiality of reports and the judge's sole authority in such matters. The opinion clarified the roles of judges and administrators in the assigned counsel plan. The Director was ordered, under penalty of contempt, to process the payment of $5,200 and $200 for Bodek's services.

Expert Witness CompensationCounty Law § 722-cJudicial DiscretionAdministrative ReviewForensic Social WorkMental Health EvaluationConfidentiality of ReportsProfessional QualificationsExtraordinary CircumstancesContempt Order
References
11
Case No. ADJ4659248 (MON 0335156)
Regular
May 19, 2011

Joseph Nollet vs. STATE OF CALIFORNIA DEPARTMENTOF CORRECTIONS, Legally Uninsured and Adjusted by STATE COMPENSATION INSURANCE FUND

This case involves a dispute over reimbursement for an applicant's expert witness fees in a workers' compensation claim. The defendant sought reconsideration of an order awarding these fees. The Appeals Board granted reconsideration and rescinded the award because the applicant failed to establish the expert's qualifications or present their report or testimony into evidence. The Board found that without this foundational proof, the administrative law judge could not properly exercise discretion regarding the reasonableness and necessity of the costs.

WCABJoseph NolletDepartment of CorrectionsState Compensation Insurance FundADJ4659248ReconsiderationExpert CostsLabor Code Section 5811Diminished Future Earning CapacityDFEC
References
4
Case No. ADJ3533537 (VNO 0556925)
Regular
Apr 14, 2016

Richard Varela vs. Morley Group, National Union Fire Insurance Company of Pittsburgh, Pennsylvania

The Workers' Compensation Appeals Board affirmed an award of $2,737.50 for an expert witness's trial testimony, clarifying that such expenses are permissible costs under Labor Code section 5811. The Board held that the expert's testimony regarding the necessity of home health care services was relevant to the lien claimants' burden of proof, even though the primary injury claim was ultimately unsuccessful. This decision distinguishes between medical-legal expenses and trial witness costs, allowing for the latter when reasonably incurred for essential elements of a lien claim. The Board found the expert's testimony necessary for the lien claimants to establish all elements of their case.

Workers' Compensation Appeals BoardSupplemental Findings of Fact and OrderLabor Code section 5811lien claimantshome health care servicesexpert testimonytrial testimonyreasonableness and necessityinjury AOE/COEmedical-legal expenses
References
0
Case No. MISSING
Regular Panel Decision
Jul 18, 1989

Vermette v. Utica-Oswego Motor Express

The Workers' Compensation Board initially ruled that the claimant sustained a compensable injury and awarded workers' compensation benefits. This decision was appealed. The appellate court reviewed the Board's finding, which was supported by the testimony of the claimant’s expert medical witness. This expert concluded that the neurological damage to the claimant’s brain resulted from head trauma due to a fall and a subsequent craniotomy. Despite conflicting testimony from the employer’s workers’ compensation carrier’s expert medical witness, the Board resolved these conflicts. The appellate court affirmed the Board's decision, stating that its finding of a causally related disability was supported by substantial evidence.

Workers' CompensationCompensable InjuryHead TraumaCraniotomyNeurological DamageMedical TestimonyCausally Related DisabilitySubstantial EvidenceAppellate ReviewBoard Decision
References
3
Case No. MISSING
Regular Panel Decision

In re Evan Y.

The Family Court of Tioga County found a child, born in 1994, to be abused by his father (respondent) based on the child's out-of-court statements of being repeatedly fondled and exhibited troubling behaviors such as sexual acting out, nightmares, bed-wetting, and suicidal tendencies. Petitioner initiated this child abuse proceeding, and the respondent, who had a prior neglect adjudication, chose not to testify at the fact-finding hearing. Expert witnesses, clinical social workers Mary Bado and Sarah Walsh, provided corroborating testimony that the child's behaviors were consistent with sexual abuse. Family Court credited this expert testimony and found sufficient corroboration for the child's statements. The respondent appealed the finding of sexual abuse, but the appellate court affirmed the Family Court's order, noting the permissible inference against the non-testifying respondent and the ample corroborative evidence from the expert witnesses.

child abusesexual abuseFamily Court Act Article 10corroborationexpert testimonyout-of-court statementschild witnessesappellate reviewparental rightssexual acting out
References
9
Case No. MISSING
Regular Panel Decision
Oct 31, 2007

In re Nelo O

The presentment agency moved for an order to declare the five-year-old victim, Jessi M., a \"vulnerable witness\" in a juvenile delinquency proceeding against respondent Noel O., who is accused of sex offenses. The declaration would allow Jessi M. to testify via live, two-way closed-circuit television. The court applied the 2007 amendments to Family Court Act § 343.1 (4) and Criminal Procedure Law § 65.20, which define a vulnerable witness as a child likely to suffer serious mental or emotional harm that would substantially impair their ability to communicate if required to testify without closed-circuit television. Expert testimony from Dr. Mitchell Frank detailed Jessi M.'s post-traumatic stress symptoms and profound fear of Noel O., concluding that testifying in his physical presence would cause severe anxiety and emotional shutdown. The court found clear and convincing evidence supporting the victim's vulnerability based on several statutory factors, including the heinous nature of the alleged acts, the victim's young age, the respondent's prior family-like relationship with the victim, and expert psychological opinion. Consequently, the motion to declare Jessi M. a vulnerable witness and permit her testimony by closed-circuit television was granted.

Vulnerable WitnessClosed-Circuit Television TestimonyJuvenile DelinquencyChild AbuseSexual AbuseWitness CompetencyConfrontation ClausePsychological HarmExpert TestimonyFamily Court Act
References
58
Case No. 2022 NY Slip Op 06114
Regular Panel Decision
Nov 02, 2022

Fernandez v. Taping Expert, Inc.

The plaintiff, Sandy Joel Fana Fernandez, appealed a judgment from the Supreme Court, Rockland County, which denied his motion to set aside a jury verdict. Fernandez was allegedly injured after falling from a scaffold while painting, claiming a Labor Law § 240 (1) violation against defendants Blima Ruchel Girls School and Keren Yad Veizer, Inc. The jury found the fall did not substantially cause his injuries, a finding supported by defense experts attributing injuries to degenerative causes. The Appellate Division, Second Department, affirmed the judgment, concluding that the verdict was a fair interpretation of the evidence.

Personal InjuryScaffold AccidentLabor LawJury VerdictAppellate ReviewCausationDegenerative InjuriesEvidence WeightMotion DenialProximate Cause
References
16
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