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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

In re Kim K.

The court addressed the Law Guardian's motion to prevent the 13-year-old child, Kim K., from testifying in a fact-finding hearing, citing her fragile emotional state. The respondent grandmother and the Department of Social Services presented conflicting positions regarding the necessity of Kim's testimony for corroborating out-of-court statements. Acknowledging its dual mandate to protect the child and determine neglect, the court denied the outright prevention of testimony. Instead, it ordered an in camera interview with Kim, detailing a procedure for counsel to submit questions and for the court to conduct the session, deciding on the sworn status of her testimony. The court further ruled that such in camera testimony, conducted under its prescribed procedure, could independently serve as sufficient evidence to support a finding of neglect.

Child protective proceedingChild witnessIn camera testimonyEmotional fragilityFact-finding hearingCorroboration of statementsFamily Court ActLaw GuardianDue processHearsay evidence
References
15
Case No. MISSING
Regular Panel Decision
Sep 15, 2011

Colortone Camera, Inc. v. New York State Compensation Insurance Rating Board

Colortone Camera, Inc. challenged the reclassification of its employees from Workers' Compensation Classification Code 8017 to 8018, which resulted in significantly increased insurance rates. The company's appeal to the Superintendent of Insurance, affirming the New York State Compensation Insurance Rating Board's determination, was reviewed in this hybrid CPLR article 78 proceeding. The court confirmed the Superintendent's determination, finding it supported by substantial evidence that Colortone's business was primarily wholesale. Additionally, Colortone sought a declaratory judgment that portions of the Workers Compensation & Employers Liability Insurance Manual were unconstitutional for vagueness. This aspect of the case was remitted to the Supreme Court, Westchester County, for severance and further proceedings, as it was not properly before the appellate court.

Workers' CompensationInsurance RatesBusiness ReclassificationAdministrative ReviewJudicial ReviewCPLR Article 78Declaratory JudgmentConstitutional LawVagueness ChallengeSubstantial Evidence
References
8
Case No. MISSING
Regular Panel Decision
May 25, 2000

In re Hadja B.

The Family Court, New York County's order of disposition, entered on May 25, 2000, which placed a child with a petitioner agency for 12 months due to a finding of neglect, was unanimously affirmed. The court found that the respondent inflicted excessive corporal punishment on the child, a finding supported by the child’s sworn, in-camera testimony and prior consistent statements. The testimony described respondent repeatedly hitting the child with various objects, causing injuries. The Family Court's credibility findings were upheld, and the in-camera examination of the child, with respondent's attorney present, was deemed proper given an affidavit indicating the respondent's abuse compromised the child’s ability to testify clearly in their presence.

Child NeglectCorporal PunishmentChild AbuseFamily CourtCredibilityIn-camera TestimonyAgency PlacementChild WelfareExcessive ForceWitness Testimony
References
3
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. MISSING
Regular Panel Decision

In re Rhianna R.

The Family Court's determination that the respondent sexually abused his daughter Rhianna and neglected his other daughter Nicole was affirmed. The findings were supported by a preponderance of the evidence, which included Rhianna's corroborated out-of-court statements, in camera testimony, a physical examination, and testimony from two pediatricians and a social worker. The consistency of Rhianna's statements enhanced their reliability. The court also concluded that the sexual abuse of Rhianna demonstrated a fundamental defect in the respondent's parenting abilities, creating an atmosphere detrimental to Nicole's well-being. The appellate court unanimously affirmed the order without costs.

child sexual abusechild neglectcorroboration of testimonyout-of-court statementsin camera testimonyphysical examinationpediatrician testimonysocial worker testimonyparental responsibilityfamily court appeal
References
15
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