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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

In re S. Children

This child protective proceeding was initiated by The Society for Prevention of Cruelty to Children against a father accused of sexually abusing his young son, Scott, in the presence of his older son, Jonathan. When Jonathan, an alleged eyewitness, became reluctant to testify in his father's presence, the petitioner requested his testimony be taken in camera. The court denied this application, citing the respondent's due process right to confront witnesses and finding insufficient evidence of a pathological impact on the child. The court emphasized the absence of statutory provisions for in camera testimony in such cases and suggested legislative consideration for future procedures to balance child protection with parental rights.

Child Protective ProceedingIn Camera TestimonyDue Process RightsRight to ConfrontationChild WitnessSexual Abuse AllegationsFamily Court ActWitness ReluctanceBalancing of InterestsExclusion of Respondent
References
6
Case No. MISSING
Regular Panel Decision

People v. Orse

The defendant appealed a conviction for robbery in the first degree from the Supreme Court, Queens County. The appellate court found two significant errors during the trial: the improper admission of rebuttal testimony solely to impeach the credibility of the main alibi witness on a collateral issue, and the erroneous admission of bolstering identification testimony from the arresting officer. Additionally, the jury instructions were flawed as they seemed to shift the burden of proving alibi to the defendant and lacked a similar scrutiny admonition for identification testimony. Considering the tenuous nature of the identification evidence and these cumulative errors, the judgment was reversed, and a new trial was ordered in the interest of justice.

Criminal ProcedureEvidentiary ErrorsWitness CredibilityAppellate ReviewIdentification TestimonyAlibi DefenseJury Charge ErrorReversible ErrorDiscretionary ReversalInterest of Justice
References
11
Case No. 06-md-1775
Regular Panel Decision
Jan 04, 2013

In re Air Cargo Shipping Services Antitrust Litigation

This Memorandum and Order addresses objections to a Magistrate Judge's directive for partial disclosure of grand jury testimony from John Doe and James Doe, given in a federal investigation into price-fixing in the air cargo industry. District Judge John Gleeson sustained the objections filed by John Doe, James Doe, Airline 1, and Airline 2. The court determined that the Magistrate Judge erred by not adequately balancing the plaintiffs' particularized need for the testimony against the strong policy interest in maintaining grand jury secrecy. Despite the plaintiffs' need for impeachment or recollection refreshing, the court found this did not outweigh concerns about potential retaliation, social stigma, and the protection of witness reputations within the industry. Consequently, the grand jury testimony was ordered not to be disclosed.

Grand Jury SecrecyAntitrust LitigationPrice-fixing ConspiracyWitness Testimony DisclosureFederal Rules of Criminal Procedure 6(e)Douglas Oil StandardParticularized NeedEastern District of New YorkCivil ProcedureMagistrate Judge Order
References
21
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. ADJ8075448
Regular
Oct 10, 2017

ALEX ROBLES vs. SOUTHERN CALIFORNIA GAS COMPANY, UTILITY WORKERS UNION OF AMERICA, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a trial judge's award in favor of applicant Alex Robles against Southern California Gas Company (SCGC). SCGC sought reconsideration, asserting that crucial testimony was omitted from the trial record. The WCAB ordered transcription of all trial testimony to ensure a full and fair adjudication of SCGC's petition. This action was necessary to allow the Board further study of the factual and legal issues involved.

Petition for ReconsiderationFindings and AwardAOE/COEGoing and Coming RuleMinutes of HearingSummary of EvidenceTrial TestimonyWCAB Rule 10740Transcript TranscriptionElectronic Adjudication Management System
References
2
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

Claim of Morelli v. Tops Markets

Claimant, having sustained work-related injuries in 2007 and receiving benefits, was questioned by a Workers' Compensation Law Judge (WCLJ) regarding work activities at a 2011 hearing. Immediately after, the employer and its carrier sought to introduce surveillance video and investigator testimony, alleging a violation of Workers' Compensation Law § 114-a. The WCLJ denied this request and precluded the evidence, ruling that the carrier failed to disclose the surveillance prior to the claimant's testimony. The Workers' Compensation Board affirmed this decision, reiterating the established requirement for timely disclosure of surveillance materials to prevent 'gamesmanship.' The appellate court subsequently affirmed the Board's decision, finding no arbitrary or capricious action, as the carrier had an opportunity to disclose the evidence before prompting the WCLJ's questioning and before the claimant testified.

Workers' Compensation LawSurveillance EvidenceDisclosure ObligationPreclusion of EvidenceAppellate ReviewEvidence AdmissibilityClaimant TestimonyEmployer ResponsibilitiesCarrier ResponsibilitiesBoard Decision
References
11
Case No. ADJ8376821
Regular
Jul 21, 2014

BRIGHT ONYENWE vs. LOS ANGELES UNIFIED SCHOOL DISTRICT, SEDGWICK CLAIMS MANAGEMENT SERVICES, INC.

The Workers' Compensation Appeals Board denied the employer's petition for reconsideration, upholding the finding that Bright Onyenwe sustained his injuries arising out of and in the course of employment. The Board deferred to the WCJ's credibility determination regarding the applicant's testimony about a student's assault. The defendant failed to impeach the applicant's testimony or demonstrate that the WCJ's findings were unsupported by substantial evidence. Therefore, the Petition for Reconsideration was denied.

Petition for ReconsiderationWCABAOE/COECredibilityImpeachmentPanel QMESelf-defenseJROTC InstructorLos Angeles Unified School DistrictAdverse Inference
References
1
Case No. MISSING
Regular Panel Decision

Gooden v. Ætna Life Ins. Co.

Lealer Gooden, claimant for compensation for the death of her husband Sebastian Gooden, appealed a trial court's instructed verdict in favor of Ætna Life Insurance Company, the compensation carrier. Gooden alleged her husband died from an injury sustained while working for Shippers Compress Company. The trial court rejected testimony from Lealer Gooden and Sebastian's brother regarding Sebastian's post-injury complaints, deeming them inadmissible hearsay and not part of res gestae. Attempts to impeach a co-worker who denied witnessing the injury were also refused. The appellate court affirmed the trial court's decision, upholding the exclusion of the proffered testimony and the instructed verdict, concluding that the injury and its manner of reception were not adequately established.

Workers' Compensation ClaimsHearsay EvidenceRes Gestae DoctrineAdmissibility of TestimonyDirected VerdictAppellate ReviewEmployee Death BenefitsTexas Compensation LawImpeachment of WitnessIndustrial Accident Board Appeals
References
8
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