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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
Apr 05, 2001

In re Trebor UU.

Respondent, the mother of two sons, Trebor (born in 1992) and Tahran (born in 1994), appealed an order from the Family Court of Clinton County which terminated her parental rights on the grounds of mental illness. The children had been in the care and custody of the petitioner since December 1998, following a prior finding of neglect. In October 2000, the petitioner filed a petition to terminate parental rights. The Family Court determined that respondent suffered from a mental illness, as defined by Social Services Law § 384-b (6) (a), rendering her unable to provide proper and adequate care for her children for the present and foreseeable future. Respondent challenged the expert testimony's methodology and the sufficiency of evidence regarding her future incapacity. The Appellate Division affirmed the Family Court's order, finding that the expert testimony was sufficiently based and that there was clear and convincing evidence that respondent's mental illness prevented her from caring for her children, despite conflicting expert opinions on future improvement.

Parental Rights TerminationMental Illness (Parent)Family Court ActSocial Services LawExpert TestimonyClinical PsychologyPersonality DisorderAppellate DecisionChild WelfareForeseeability
References
8
Case No. MISSING
Regular Panel Decision
Nov 06, 2012

Claim of Smith v. Oneida Ltd.

The claimant appealed a Workers' Compensation Board decision concerning her husband's death benefits. In 1991, the decedent sustained a compensable lung injury, leading to permanent partial disability and continuous workers' compensation benefits until his death in September 2010. The Workers' Compensation Law Judge and the Board affirmed that the death was causally related to his work-related illness, awarding death benefits to the claimant. The self-insured employer and its claims administrator appealed this decision. The court affirmed the Board's decision, citing that a compensable illness need not be the sole cause of death, only a contributing factor. Evidence included the death certificate listing sepsis and respiratory failure, and a C-64 medical report from the decedent's long-term physician stating the death was directly or indirectly caused by the work-related illness.

death benefitscausal relationshipoccupational illnessrespiratory failuresepsispermanent partial disabilityWorkers' Compensation Board appealmedical report evidencecontributing factor
References
4
Case No. MISSING
Regular Panel Decision

In re Kenneth V.

This is an appeal from a Family Court order that found respondent August V., Ill neglected his children. The proceeding was initiated by the petitioner, alleging neglect due to the parents' refusal to accept intensive counseling for two children exhibiting aggressive behavior, including wielding a knife. The Family Court initially found the father neglected all seven children. However, the appellate court reversed this decision, finding no evidence of parental misconduct by the father. The court determined that treatment recommendations were not directly communicated to the father, and he was unaware of the escalated fighting. Consequently, the petition against August V., Ill was dismissed due to insufficient proof of neglect.

NeglectChild protectionParental misconductFamily lawChild welfareAbuseErie CountyAppellate reviewParental responsibilityMental health services
References
6
Case No. MISSING
Regular Panel Decision

In re Evelyn B.

The petitioner initiated proceedings to terminate the parental rights of the respondent, mother of Evelyn B., alleging mental illness or retardation after Evelyn B. was adjudicated neglected. The Family Court, Clinton County, terminated parental rights, relying on testimony from a court-appointed clinical psychologist who diagnosed the respondent with an untreatable learning disorder and mixed personality disorder, rendering her unable to provide proper care. The respondent appealed, presenting testimony from her treating therapist suggesting potential improvement. The appellate court affirmed the Family Court's decision, finding clear and convincing evidence supporting the termination due to the respondent's mental illness and upholding the Family Court's discretion in crediting the court-appointed psychologist over the respondent's therapist, whose expert qualification was also appropriately denied.

Parental Rights TerminationMental IllnessChild NeglectFamily LawAppellate ReviewClinical PsychologyForensic EvaluationPersonality DisorderLearning DisorderExpert Witness Credibility
References
6
Case No. MISSING
Regular Panel Decision

In re the Arbitration between Great Atlantic & Pacific Tea Co. & Local 484, American Bakery & Confectionery Workers

This case involves a petitioner's motion to vacate an arbitration award and an employer's cross-motion to confirm it. The core dispute concerns an employee's entitlement to pay for a day missed due to illness during a holiday week in 1959. The employee worked for a short period on Labor Day, was then excused due to illness, and remained ill the following Tuesday. The employer paid for the holiday and other workdays but not for Tuesday, arguing that existing benefits provided a maximum of a normal week's pay. The petitioner contended that the arbitrator exceeded his authority by modifying the contract. However, the court ruled that the arbitrator acted within his powers by interpreting the collective bargaining agreement. Consequently, the motion to vacate the award was denied, and the cross-motion to confirm the award was granted.

ArbitrationCollective Bargaining AgreementHoliday PaySick PayContract InterpretationJudicial ReviewLabor DisputeEmployment LawMotion to VacateMotion to Confirm
References
3
Case No. MISSING
Regular Panel Decision

In re the Arbitration Between County of Ulster & Ulster County Sheriff's Employees Ass'n

Elíseo Baldizzi, a correction officer with Ulster County Sheriffs Department, sought General Municipal Law § 207-c benefits for an illness he claimed was work-related. After his claim was denied, the respondent initiated arbitration, resulting in an award in Baldizzi’s favor. Petitioners, the Ulster County Sheriffs Department and County of Ulster, then commenced a CPLR article 75 proceeding to vacate this arbitration award, arguing it violated public policy by not establishing a clear link between the illness and duties. The Supreme Court denied their motion and confirmed the award, agreeing with the arbitrator's finding that Baldizzi's illness was directly traceable to an incident during his employment. This appellate court affirmed the Supreme Court's decision, finding no valid basis to disturb the arbitrator's award, as the arbitrator had indeed found a direct causal link.

ArbitrationPublic PolicyCollective Bargaining AgreementGeneral Municipal Law § 207-cCPLR Article 75Vacate Arbitration AwardConfirm Arbitration AwardCorrection OfficerIllnessDuty-Related Illness
References
3
Case No. MISSING
Regular Panel Decision

In re Ashley L.

The respondent, mother of Ashley L., appealed a Family Court order from Clinton County, entered December 30, 2004, which terminated her parental rights based on mental illness under Social Services Law § 384-b. The petitioner, a social services agency, initiated the proceeding after Ashley was taken into protective custody at birth due to the mother's extensive mental illness history. Licensed psychologist Richard Liotta and psychiatrist Bruce Kokernot testified about the respondent's mental health conditions, including major depressive disorder, mood disorder, and personality disorder, opining she was unable to provide adequate care and likely to relapse. The appellate court affirmed the Family Court's decision, finding sufficient proof of mental illness and rejecting claims of an unfair hearing and ineffective assistance of counsel.

Parental rights terminationMental illnessChild welfareSocial Services Law § 384-bPsychological evaluationPsychiatric diagnosisRelapse riskIneffective assistance of counselAppellate reviewFamily Court decision
References
14
Case No. MISSING
Regular Panel Decision

In re Hime Y.

This appeal concerns the termination of a natural mother's parental rights to her children, Suzanne and Hime, focusing on the ground of 'mental illness.' Previously, the case involving Suzanne was remanded due to an erroneous 'no-fault' theory, and a separate proceeding for Hime had dismissed termination, granting custody to foster parents with visitation rights for the mother. The appellate court now scrutinizes the record for the first time regarding the 'mentally ill' contention, considering medical reports, caseworker testimonies, and drawing an unfavorable inference from the mother's failure to present her own psychiatric evidence. The court found 'clear and convincing' proof that the mother suffered from a residual form of schizophrenia, preventing her from properly caring for Hime and putting the child in danger of neglect. Consequently, the Family Court's order dismissing causes relating to Hime was modified; the petition to terminate parental rights based on mental illness was granted, the mother's visitation privileges were vacated, and the matter was remanded for further proceedings.

Parental Rights TerminationMental IllnessSchizophreniaChild NeglectAppellate ReviewFamily Court ActSocial Services LawVisitation RightsFoster CarePsychiatric Evaluation
References
5
Case No. MISSING
Regular Panel Decision

Claim of Cerami v. Rochester City School District

This case involves an appeal from a Workers’ Compensation Board decision that found a claimant’s benefit claim untimely. The claim, filed in 1980, stemmed from a mental breakdown in 1966-1967 alleged to be work-related. The Board ruled the claimant was mentally competent to file within the two-year statutory period (WCL § 28), thus rejecting the tolling provision for mental incompetency (WCL § 115). The appellate court reviewed the medical testimony of Dr. Leve and Dr. Pisetzner, concluding the Board misconstrued their findings regarding the claimant’s capacity to comprehend his mental illness as work-related, despite general competence to file other claims. The court found overwhelming medical evidence indicated the claimant was mentally incapable of filing a claim for employment-induced mental illness and therefore deemed the claim timely under WCL § 115 due to continuing mental incapacity. Additionally, the court found substantial, virtually unanimous medical testimony confirming the work-related causation of the claimant’s mental illness, contrary to the Workers’ Compensation Law Judge’s determination. The decision was reversed, compensation benefits granted, and the matter remitted to the Board for further proceedings.

Workers' Compensation ClaimTimeliness of ClaimMental IncompetencyTolling Statute of LimitationsParanoid SchizophreniaEmployment-Induced Psychological InjuryCausal RelationshipMedical Testimony InterpretationAppellate ReviewReversal of Board Decision
References
3
Case No. ADJ13511723
Regular
Mar 29, 2023

SOFIA SEVILLANO vs. STATE OF CALIFORNIA, IHSS, LEGALLY UNINSURED, ADMINISTERED BY YORK RISK SERVICES GROUP, A SEDGWICK COMPANY

The Workers' Compensation Appeals Board denied the employer's petition for reconsideration, upholding a prior decision that found COVID-19 related illness to be industrially caused. The Board found the employer failed to rebut the statutory presumption of industrial causation under Labor Code section 3212.86 with sufficient "other evidence." Arguments regarding mask use, lack of proof of employer infection, and alleged roommate illness were deemed insufficient to overcome the presumption.

Labor Code 3212.86presumption of industrial causationCOVID-19 illnessrebuttal burdenaffirmative burden of proofnon-occupational risksclose interpersonal contactSan Antonio Regional Hospitalcredibility determinationsADJ13511723
References
7
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