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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

Claim of McGeever v. State Insurance Fund

The claimant, who was awarded workers' compensation death benefits as the widow of Donald W. Mc-Geever, had her benefits ceased upon remarriage to Donald McGovern. After McGovern's suicide, she sought to reinstate her original death benefits, alleging her marriage to McGovern was invalid due to fraud and impotency. The Workers’ Compensation Board reversed an earlier decision, ruling that the remarriage was valid and subsisting, thereby denying her continued benefits. The appellate court affirmed the Board's decision, holding that the Board had the authority to determine the marriage's validity and that the alleged grounds rendered the marriage voidable, not void, and thus remained valid without an annulment.

Workers' Compensation Death BenefitsRemarriage ValidityFraudulent InducementImpotencyVoidable MarriageAnnulmentAppellate ReviewStatutory InterpretationBoard DiscretionMarital Status

References

Case No. MISSING

Regular Panel Decision

Sep 09, 1980

France v. St. Clare's Hospital & Health Center

The plaintiff, Joe France, sued St. Clare's Hospital for libel, alleging that a letter sent by the hospital to a co-worker falsely stated he had a venereal disease, which led to emotional stress, disruption of his relationship, and sexual impotence. The hospital had conducted routine blood tests after France donated blood, and his sample reacted positively to a VDRL test, leading to the letter informing his co-worker that his blood could not be used. Subsequent tests showed France did not have a venereal disease. The court, applying First Amendment principles from Gertz v. Robert Welch, Inc., found that without proof of malice or actual injury to reputation, claims for presumed damages or emotional distress alone are not compensable in New York. Since malice was conceded to be absent and no actual reputational harm was proven, the court reversed the lower court's denial and granted St. Clare's Hospital's motion for summary judgment, dismissing the complaint.

LibelDefamationVenereal DiseaseVDRL TestSummary JudgmentActual InjuryPresumed DamagesFirst AmendmentReputationEmotional Distress

References

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Claim of McGeever v. State Insurance Fund

Workers' Compensation Death BenefitsRemarriage ValidityFraudulent InducementImpotencyVoidable MarriageAnnulmentAppellate ReviewStatutory InterpretationBoard DiscretionMarital Status

France v. St. Clare's Hospital & Health Center

LibelDefamationVenereal DiseaseVDRL TestSummary JudgmentActual InjuryPresumed DamagesFirst AmendmentReputationEmotional Distress