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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
Nov 03, 1967

Holloway v. Board of Examiners

The petitioner, a school social worker, initiated an Article 78 proceeding to compel the respondent to provide copies of medical and other reports that led to an unsatisfactory rating in an examination for a Supervisor of School Social Workers license. The Supreme Court, Kings County, initially dismissed the petition. However, the appellate court reversed this judgment, granting the petition to the extent of directing the respondent to furnish the reports to a physician designated by the petitioner, rather than directly to the petitioner. The case was remanded to the Special Term for further proceedings, including a determination on allowing the petitioner more time to appeal the unsatisfactory rating.

Article 78 CPLRLicense ExaminationSchool Social WorkerMedical ReportsDisclosureAdministrative AppealUnsatisfactory RatingAppellate ReversalRemandPhysician Disclosure
References
3
Case No. MISSING
Regular Panel Decision
Aug 18, 1995

Miller v. Chater

Plaintiff initiated this action to seek review of the Secretary of Health and Human Services' decision establishing June 1, 1992, as the onset date for Supplemental Security Income (SSI) benefits due to alleged disability from mental retardation. Magistrate Judge Carol E. Heckman issued a Report and Recommendation, advising denial of the Secretary's motion for judgment on the pleadings and remand for reconsideration. The Magistrate Judge found errors in the Administrative Law Judge's (ALJ) assessment of the plaintiff's functional limitations, particularly regarding social domain, and noted the ALJ's failure to consider the retroactivity inference from the Zebley class action stipulation. District Judge Arcara reviewed the Report and Recommendation, and with no objections filed, adopted its findings. Consequently, the defendant's motion for judgment on the pleadings was denied, and the case was remanded to the Secretary for further reconsideration, emphasizing a misapplication of post-Zebley requirements for adjudicating children’s SSI benefits claims.

Supplemental Security Income (SSI)Disability BenefitsMental RetardationChild Disability ClaimsAdministrative ReviewSocial Security ActAge-appropriate functioningMedical EvidenceFunctional LimitationsOnset Date
References
12
Case No. MISSING
Regular Panel Decision

Boyd v. Perales

The petitioner sought to expunge a 1976 child abuse report from the State Central Register, which alleged that her children were left bound and unsupervised, arguing it was irrelevant to her current child care employment. This challenge was initiated via a CPLR article 78 petition and transferred to the Appellate Division. An Administrative Law Judge had previously expunged two later reports but maintained the 1976 report. The court confirmed the respondents' determination, finding substantial evidence supported the ALJ's conclusion that the petitioner's serious lack of judgment in 1976 remained relevant to child care. Furthermore, the court dismissed the petitioner's due process argument as it was raised for the first time on appeal.

Child Abuse ReportState Central RegisterExpungementChild Care EmploymentAdministrative Law JudgeDue ProcessCPLR Article 78Social Services LawAppellate ReviewRehabilitation
References
1
Case No. MISSING
Regular Panel Decision
Mar 02, 2010

Lyons Partnership, L.P. v. D & L Amusement & Entertainment, Inc.

Plaintiffs Lyons Partnership, L.P. and HIT Entertainment Inc. initiated a copyright and trademark infringement lawsuit against D & L Amusement & Entertainment Inc., Razzle Kidazzle Inc., Linda Lippo, All in One Entertainment, Inc., and John R. Albuja. The defendants were accused of infringing on the intellectual property rights of popular children's characters, Barney® and Bob the Builder®, by using unauthorized counterfeit costumes for entertainment services. Due to the defendants' failure to respond, Magistrate Judge Marilyn Go issued a Report and Recommendation, finding them liable for various Lanham Act and Copyright Act violations. Senior District Judge Sterling B. Johnson subsequently adopted this report in its entirety. As a result, a permanent injunction was granted against the defendants, and they were ordered to pay statutory damages, attorneys' fees, and costs for their willful infringement.

Intellectual PropertyCopyright InfringementTrademark InfringementDefault JudgmentLanham ActStatutory DamagesPermanent InjunctionAttorneys' FeesChildren's CharactersCounterfeit Goods
References
72
Case No. MISSING
Regular Panel Decision
Jan 21, 2015

Local Union No. 40 of the International Ass'n of Bridge v. Car-Win Construction Inc.

The plaintiffs, several local unions and related benefit funds, initiated a lawsuit against Car-Win Construction, Inc. and CRV Precast Construction, LLC, alleging violations of a collective bargaining agreement and failure to contribute to benefit funds. Following the defendants' consistent non-compliance with discovery orders and failure to produce financial records, the plaintiffs moved for a default judgment. Magistrate Judge Michael H. Dolinger issued a Report and Recommendation, advising that the default judgment be granted, a post-default inquest for damages be conducted, and an audit of the defendants' financial records for specific periods be ordered. District Judge Laura Taylor Swain subsequently adopted this Report and Recommendation in its entirety, finding no clear error. The court also approved the plaintiffs' application for reasonable attorneys' fees incurred due to the defendants' dilatory tactics in discovery.

Default JudgmentDiscovery SanctionsERISACollective Bargaining AgreementBenefit Fund ContributionsAlter-Ego LiabilityFinancial AuditWage ViolationsFederal Rule of Civil Procedure 37Judicial Discretion
References
75
Case No. ADJ7899375
Regular
Apr 06, 2020

AMANDA CULVER vs. INITIATIVE FOODS, UNITED STATES FIRE INSURANCE COMPANY, CRUM AND FORSTER

This case involves Amanda Culver's claim for permanent total disability due to a 2010 industrial injury resulting in a fall down stairs. The defendant, Initiative Foods, contested the finding of 100% permanent disability, arguing the Administrative Law Judge (ALJ) improperly relied on an Independent Vocational Evaluator (IVE) and overlooked their own vocational expert. The Workers' Compensation Appeals Board affirmed the ALJ's decision, finding the IVE's report constituted substantial evidence supporting the applicant's permanent total disability. The Board found the defendant's arguments regarding the IVE's methodology and reliance on medical reports unconvincing.

Independent Vocational Evaluatorvocational rehabilitationpermanent total disabilityorthopedic injurypsychiatric injuryapportionmentAgreed Medical Examinerwork restrictionsvocational testingsubstantial evidence
References
3
Case No. MISSING
Regular Panel Decision
Nov 17, 2005

Nikolic v. Regent Wall Street Hotel

The claimant sustained work-related physical injuries and a subsequent psychiatric condition. A Workers’ Compensation Law Judge allowed reports from a Serbian neuropsychiatrist to establish continuing psychiatric disability, despite objections from the employer and carrier concerning the doctor's credentials. The Workers’ Compensation Board, in an amended decision, rejected the objection to the Serbian doctor's report and found no prejudice to the carrier regarding a compensation award made prior to an independent medical examination. The appeals court affirmed the Board's decision, ruling that the carrier waived the right to object by not cross-examining the doctor, and that the Board had continuing jurisdiction to amend its initial decision.

foreign health care provider reportpsychiatric conditionadmissibility of evidenceWorkers’ Compensation Boardcontinuing jurisdictionwaiver of objectionindependent medical examinationappellate reviewNew York Workers' Compensationmedical credentials
References
10
Case No. ADJ7699696
Regular
Apr 06, 2020

George Ramirez, Jr vs. Preston Pipelines, Subsequent Injuries Benefits Trust Fund

This case concerns the applicant's claim for Subsequent Injuries Benefits Trust Fund (SIBTF) benefits, which was initially denied by the WCJ who excluded Dr. Chen's medical reports as inadmissible "doctor shopping." The applicant appealed, arguing Dr. Chen's reports were admissible and not duplicative of Dr. Lockwood's initial, incomplete report. The Appeals Board rescinded the prior order, finding the applicant should not be denied benefits solely due to the exclusion of Dr. Chen's reports, and returned the matter to the trial level to allow the applicant to obtain supplemental reporting from Dr. Lockwood to address his SIBTF eligibility.

Subsequent Injuries Benefits Trust FundSIBTFLabor Code section 4751inadmissible evidencedoctor shoppingQME evaluationsLabor Code section 5703examining physiciancumulative traumaCompromise and Release
References
1
Case No. MISSING
Regular Panel Decision

Claim of Estrada v. Peepels Mechanical Corp.

The claimant's case was established for occupational disease resulting in bilateral hearing loss. A Workers’ Compensation Law Judge (WCLJ) determined the date of disablement and, after initial discharge, reinstated the State Insurance Fund (Fund) to produce an apportionment report between occupational disease and traumatic hearing loss. The Fund appealed this decision. The Workers’ Compensation Board subsequently found the Fund was not the proper party as it did not cover the employer on the date of disablement and reversed the order for the apportionment report. The employer and its workers’ compensation carrier then appealed the Board's decision. The higher court affirmed the Board’s decision, noting that a claim for traumatic hearing loss was never formally made or pending before the Board.

Occupational DiseaseBilateral Hearing LossApportionmentDate of DisablementWorkers' Compensation CarrierState Insurance FundBoard DecisionAppellate ReviewTraumatic Hearing LossWCLJ Decision
References
1
Case No. MISSING
Regular Panel Decision

Prevost v. New York State Department of Social Services

The petitioners, maternal grandparents, initiated a CPLR article 78 proceeding to challenge a determination by the State Commissioner of Social Services and the Warren County Department of Social Services. They sought to expunge a report from the State Central Register indicating inadequate guardianship concerning their grandson, Justin. Justin had been placed in foster care, and concerns arose about his behavior after monthly visits with the petitioners, prompting a psychiatrist to recommend discontinuing overnight visits. The psychiatric report detailed Justin's anger towards his grandmother and later allegations of diapering. Despite the petitioners' denials and claims of bias, the agency's decision to indicate inadequate guardianship was upheld after administrative review and a fair hearing. The court ultimately confirmed the determination, citing substantial evidence based on Justin's consistent accounts.

Child protective servicesInadequate guardianshipFoster careAdoption eligibilityCPLR article 78 proceedingAdministrative reviewExpungement of reportHearsay evidenceCredibility determinationSocial Services Law
References
3
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