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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. Barto

The defendant was convicted after a jury trial in Seneca County Court for insurance fraud in the third degree, falsifying business records in the first degree, defrauding the government, and falsely reporting an incident in the third degree. The charges arose from the defendant, an acting Village Justice, falsely reporting an assault to police, allegedly to obtain prescription pain medication. Medical evidence presented by the prosecution, including the absence of injuries despite extensive testing, contradicted the defendant's account of being strangled and struck. The appellate court unanimously affirmed the judgment, rejecting the defendant's contentions regarding the legal sufficiency and weight of the evidence. The court found that the jury could reasonably conclude the defendant falsely reported the incident and caused a false workers' compensation form to be filed. The appellate court also found no reason to modify the sentence despite improper prosecutorial statements.

Insurance FraudFalsifying Business RecordsDefrauding GovernmentFalse ReportingAssault ClaimMedical EvidenceLegal SufficiencyWeight of EvidenceWorkers' CompensationJury Trial
References
8
Case No. MISSING
Regular Panel Decision

Colindres v. Carpenito

Plaintiff Rochelle Colindres sought a protective order to deny defendants' demand for a medical report from her former treating psychologist, Diane Henry, or alternatively, relief from compliance with Uniform Rules for Trial Courts § 202.17(b)(1). Colindres argued that the defendants waived their right to the report as the independent medical examination (IME) already occurred, and that obtaining the report would be an undue hardship since Henry ceased treatment due to Colindres' attendance issues. Defendants Mario Carpenito, Jr., City of White Plains, and White Plains Parking Department opposed, asserting that the report was necessary to clarify alleged injuries, prepare for cross-examination, and facilitate settlement, highlighting Colindres' complex medical history predating the incident. The court denied both branches of Colindres' motion, finding that the rule applies broadly to personal injury actions, defendants did not waive their entitlement, and Colindres failed to prove it was impossible to obtain the report. The court ordered Colindres to exchange a compliant medical report from Diane Henry by March 27, 2017.

protective ordermedical report disclosurediscovery disputepsychological treatmentindependent medical examinationCPLR 310322 NYCRR 202.17waiver of discoveryundue hardshippersonal injury damages
References
12
Case No. MISSING
Regular Panel Decision

Fernekes v. Catskill Regional Medical Center

Plaintiff initiated an action alleging assault by a fellow patient, 'John Doe,' at Catskill Regional Medical Center (CRMC). The core dispute involved plaintiff's motion to compel discovery, specifically an incident report authored by nurse Barbara Blume and a deposition of incident coordinator Ann Korabik. The Supreme Court granted plaintiff's motion, ordering the disclosure of the report and Korabik's deposition. CRMC appealed, asserting the incident report was privileged under Public Health Law § 2805-Z and that this privilege was not waived by an employee's review. The appellate court affirmed the order for Korabik's deposition but reversed the disclosure of Blume's incident report, ruling that internal review did not constitute a waiver of privilege. The case was remitted to the Supreme Court for an in camera review to determine the report's privilege status under Public Health Law § 2805-Z.

DiscoveryIncident ReportMedical Records PrivilegePublic Health LawWaiver of PrivilegeIn Camera ReviewHospital LiabilityAssaultPatient SafetyCivil Procedure
References
20
Case No. MISSING
Regular Panel Decision

Hilda B. v. New York City Housing Authority

Petitioners, Hilda B. and her infant, sought leave to file a late notice of claim against the New York City Housing Authority after Hilda B. was sexually assaulted in her apartment building, and her infant was dropped during the incident. The building reportedly lacked working locks, allowing the perpetrator entry. The incident was reported to management and Housing Police, and a social worker also informed the Housing Authority. Despite this, a formal notice of claim was filed approximately 2.5 months beyond the statutory 90-day period. The Supreme Court, Bronx County, initially denied the motion, but the Appellate Division reversed this decision, granting petitioners' motion based on evidence of Hilda B.'s psychological inability to seek timely legal advice and the respondent's actual notice of the incident, with no showing of prejudice.

sexual assaultlate notice of claimGeneral Municipal Lawpsychological distresshousing authority negligencestatutory notice periodactual noticeappellate reversalpersonal injurypremises liability
References
2
Case No. MISSING
Regular Panel Decision
Jan 27, 1965

Rivera v. Hellman

This case involves a motion to confirm a Special Referee's report concerning the amounts and priorities of various liens. The Special Referee conducted a hearing and reported on claims from an attorney for the plaintiff ($793.50), Roosevelt Hospital ($846.53), and the Millinery Health Fund ($641.00, later adjusted to $528). The report established the amounts of each lien and recommended priorities, placing the attorney's lien first, followed by the hospital lien (except for a $12 outpatient service), and then the compensation lien. The court concurred with the Special Referee's report and recommendations, granting the motion to confirm.

Lien PriorityAttorney's LienHospital LienDisability BenefitsWorkmen's Compensation LawSpecial Referee ReportMotion GrantedNew York Supreme CourtLien LawMotion Practice
References
2
Case No. ADJ7811956
Regular
Oct 18, 2011

LORI BOZZO vs. SAVEMART, PEGASUS

Applicant petitioned for disqualification of the WCJ, alleging enmity and bias from the attorney due to an incident on September 1, 2011. The WCJ's report stated the incident would not prejudice the attorney or clients, and all decisions are based on evidence. The Appeals Board adopted the WCJ's report, finding no reason to doubt the absence of bias. Therefore, the petition for disqualification was denied.

Petition for DisqualificationWorkers' Compensation Appeals BoardAdministrative Law Judgeenmity or biasmandatory settlement conferencesReport and Recommendationevidence presentedday in Courtno bias or enmityDENIED
References
0
Case No. ADJ4237156
Regular
Nov 15, 2011

CON HOWE vs. AMERIGAS by SPECIALTY RISK SERVICES

This case involves an applicant's petition to disqualify a Workers' Compensation Administrative Law Judge (WCJ) due to alleged bias stemming from a prior incident. The applicant's attorney claimed the WCJ harbored enmity and would prejudice his clients. The WCJ, in his report, stated the incident would not affect his impartiality and all cases are decided on evidence. The Appeals Board adopted the WCJ's report and denied the disqualification petition, finding no reason to doubt the WCJ's impartiality.

Petition for DisqualificationWCJ BiasEnmityMandatory Settlement ConferencesReport and RecommendationEvidence-based DecisionWorkers' Compensation Appeals BoardAdministrative Law JudgeApplicant's AttorneyCase ADJ4237156
References
0
Case No. MISSING
Regular Panel Decision

Chaplin v. Pathmark Supermarkets

This case addresses a motion by defendants, including Supermarkets General Corp., for a protective order to vacate the plaintiff Mimi Chaplin's notice for discovery and inspection of accident reports. Mimi Chaplin sought these reports after sustaining personal injuries from a fall at the defendant's premises. The court, presided over by Justice James F. Niehoff, analyzed the newly enacted CPLR 3101 (g), which mandates full disclosure of accident reports prepared in the regular course of business. The court found that the accident report in question was prepared in Supermarkets General Corp.'s regular course of business, rendering it discoverable regardless of its potential use in litigation, thus denying the defendants' motion.

DiscoveryProtective OrderAccident ReportsCPLR 3101(g)Litigation PreparationRegular Course of BusinessPersonal InjuryNegligenceDisclosureEvidence
References
10
Case No. ADJ7961830
Regular
Oct 18, 2011

DEBORAH PEREZ vs. CRC ROOFING AND CHARTIS

This case involves applicant Deborah Perez's petition to disqualify Workers' Compensation Judge George R. Ferris. Applicant's attorney alleged bias stemming from an incident on September 1, 2011, claiming the judge harbored enmity that would prejudice his clients. Judge Ferris reported that the incident would not influence his decisions, which would be based solely on evidence presented. The Appeals Board adopted the judge's report, found no reason to doubt his impartiality, and denied the petition for disqualification.

Petition for DisqualificationWCJAdministrative Law Judgeenmitybiasprejudicemandatory settlement conferencesReport and Recommendationapplicant's attorneyevidence
References
0
Case No. ADJ7952240
Regular
Oct 20, 2011

LUCIA BIANCHI vs. MENDOCINO COUNTY OFFICE OF EDUCATION, KEENAN AND ASSOCIATES

This case involves a petition for disqualification of a Workers' Compensation Administrative Law Judge (WCJ) by the applicant, Lucia Bianchi, and her attorney. The attorney alleged the WCJ demonstrated enmity or bias due to an incident on September 1, 2011, which would prejudice his clients. The WCJ submitted a report stating the incident would not affect his impartiality and decisions would be based solely on evidence. The Workers' Compensation Appeals Board reviewed the record and adopted the WCJ's report, finding no reason to doubt his impartiality. Accordingly, the Board denied the petition for disqualification.

Petition for DisqualificationWCJEnmity or BiasMandatory Settlement ConferencesReport and RecommendationEvidenceApplicant's AttorneyLitigantsWorkers' Compensation Appeals BoardGeorge R. Ferris
References
0
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