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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

Sun Trading Distributing Co. v. Evidence Music, Inc.

Plaintiff Sun Trading Distributing Co., doing business as Muse Records and Landmark Records, filed a lawsuit against Evidence Music, Inc. and Kenwood Electronics Corp. alleging unfair competition under Section 43(a) of the Lanham Act and New York State common law. The core of the complaint revolved around the defendants' alleged unauthorized exploitation of sound recordings by jazz artists John Hicks, Edward “Sonny” Stitt, and Antoine Roney. Sun Trading claimed false designation of origin (reverse passing off) for the Stitt recording and false advertising for the Roney recording, leading to consumer confusion. The court granted the defendants' motion for summary judgment on the Lanham Act claims, finding insufficient evidence of actual or likelihood of consumer confusion. Consequently, the court declined to exercise supplemental jurisdiction over the state law claims, dismissing them without prejudice, and denied the plaintiff's cross-motion to amend the complaint.

Lanham ActUnfair CompetitionTrademark InfringementCopyrightSound RecordingsJazz MusicConsumer ConfusionSummary JudgmentSupplemental JurisdictionBreach of Contract
References
23
Case No. 2024 NY Slip Op 05844 [232 AD3d 1044]
Regular Panel Decision
Nov 21, 2024

People v. Baez

Defendant Saul Baez was convicted of course of sexual conduct against a child in the second degree, stemming from allegations of sexual contact with a victim under 13. He appealed the judgment, arguing legal insufficiency of evidence and that the verdict was against the weight of the evidence. The Appellate Division affirmed the verdict regarding the weight of the evidence but reversed the judgment. The court found a Brady violation due to the prosecution's failure to timely disclose caseworker notes containing impeaching material, ruling that the delayed disclosure and the adverse inference charge were insufficient remedies. The matter was remitted to the Supreme Court for a new trial.

Sexual OffensesChild Sexual AbuseCourse of Sexual ConductBrady ViolationRosario MaterialDisclosure ObligationsImpeachment EvidenceAppellate ReviewWeight of EvidenceLegal Sufficiency
References
28
Case No. 2021 NY Slip Op 04404
Regular Panel Decision
Jul 15, 2021

Matter of Decandia v. Pilgrim Psychiatric Ctr.

Claimant, a security and security officer, filed a workers' compensation claim nearly six years after allegedly being bitten by ticks in June 2013, seeking benefits for consequential Lyme disease. The Workers' Compensation Board reversed a Workers' Compensation Law Judge's award of benefits, ruling that the claim was untimely under Workers' Compensation Law § 28 and that there was insufficient medical evidence to establish Lyme disease or a causal connection to his employment. The Appellate Division affirmed the Board's decision, agreeing that the claim was untimely given the nearly six-year delay in filing and that the Board's finding of insufficient medical evidence for Lyme disease and causation was supported by substantial evidence.

Workers' Compensation Law § 28Timeliness of ClaimLyme Disease DiagnosisCausal RelationshipSufficiency of Medical EvidenceTick-borne DiseaseStatute of LimitationsAppellate Division Third DepartmentWorkers' Compensation BoardEmployer Liability
References
7
Case No. MISSING
Regular Panel Decision

Rodriguez v. Greiner

The petitioner, Robinson Rodriguez, sought a writ of habeas corpus under 28 U.S.C. § 2254, challenging his 1998 New York State Supreme Court conviction for first-degree sodomy. He argued that his due process rights were violated due to insufficient corroboration of the victim's unsworn testimony and overall insufficient evidence. The court, presided over by District Judge Gershon, reviewed the evidence presented at trial, including medical testimony, prompt outcry evidence, and the petitioner's statements to the police. Ultimately, the court concluded that the victim's unsworn testimony was sufficiently corroborated and that a rational trier of fact could have found the petitioner guilty beyond a reasonable doubt. Consequently, the petition was denied, and a certificate of appealability was also denied.

Habeas CorpusSodomyChild Sexual AbuseSufficiency of EvidenceCorroborationUnsworn TestimonyAutistic VictimDue ProcessFederal PetitionState Conviction
References
15
Case No. 2024 NYSlipOp 01595 [225 AD3d 1083]
Regular Panel Decision
Mar 21, 2024

Matter of Losquadro v. Nassau County Police Dept.

Claimant Dean V. Losquadro, a police officer, sustained injuries in February 2021, establishing a workers' compensation claim. He retired in December 2021 and subsequently argued his retirement was involuntary due to these injuries. The Workers' Compensation Law Judge initially found an involuntary retirement, but the Workers' Compensation Board modified this decision, concluding there was insufficient credible evidence to support an involuntary withdrawal from the labor market related to the disability from the February 2021 accident. The Board cited previous workers' compensation claims, the lack of a clear connection between the current disability and prior permanent partial disabilities in medical reports, and the presence of degenerative conditions. The Appellate Division, Third Department, affirmed the Board's decision, finding that substantial evidence supported the Board's determination that the evidence was insufficient to establish an involuntary retirement.

Workers' CompensationVoluntary Withdrawal from Labor MarketInvoluntary RetirementDisability BenefitsMedical EvidenceSubstantial EvidenceCredibility DeterminationAppellate ReviewPolice Officer InjuryPermanent Partial Disability
References
4
Case No. 2020 NY Slip Op 01875 [181 AD3d 1123]
Regular Panel Decision
Mar 16, 2020

Matter of Gimber v. Eastman Kodak Co.

Sandra Gimber (claimant) sought workers' compensation death benefits for her husband (decedent), who died from mesothelioma allegedly due to asbestos exposure during his employment with Eastman Kodak Company (Kodak) from 1967 to 1985. Kodak and its carrier attempted to apportion liability with the decedent's prior employer, International Paper Company, under Workers' Compensation Law § 44. The Workers' Compensation Board denied the apportionment, finding insufficient evidence that the decedent contracted mesothelioma during his employment with International Paper. The Appellate Division, Third Department, affirmed the Board's decision, concluding that while there was evidence of asbestos exposure at both employers, there was no objective medical evidence proving the disease process began during his employment with International Paper, which ended in 1967, especially since the diagnosis occurred in 2013. The court found the medical opinions linking the condition to prior employment to be speculative and insufficient to establish contraction during that period.

mesotheliomaasbestos exposureworkers' compensationapportionmentoccupational diseaselast employer liabilityprior employerdisease contractionsubstantial evidencemedical evidence
References
8
Case No. ADJ268193 (VNO 0373640)
Regular
Apr 30, 2012

ANITA ELLIS vs. ATC/VANCOM, CALIFORNIA INSUARNCE GUARANTEE ASSOCIATION, For CALCOMP, In Liquidation

The Appeals Board granted reconsideration and rescinded the original award due to insufficient evidence. Applicant did not meet the six-month employment requirement for a compensable psychological injury under Labor Code section 3208.3(d). Furthermore, the Board found insufficient evidence of concurrent self-employment earnings to support the awarded average weekly wage. The case is returned to the trial level for a new decision reflecting these findings.

WCABReconsiderationLabor Code 3208.3(d)Psyche InjuryAverage Weekly EarningsImpeachmentDeposition TestimonySocial Security Administration EarningsCredibilityMedical Evaluator
References
0
Case No. ADJ4471499 (ANA 0388511)
Regular
Feb 09, 2009

JOSHUA FALLER vs. UNITED STATES CAR STEREO, INC. dba RACE N' ROCK, UNINSURED EMPLOYERS BENEFIT TRUST FUND

This case involves an applicant who claims industrial injury to his back, leg, and psyche. The defendant sought reconsideration of an award of temporary disability benefits from July 28, 2008, and continuing, arguing insufficient medical evidence. The Appeals Board granted reconsideration, finding that the applicant's testimony alone was insufficient to support ongoing temporary disability. The Board deferred the issue of temporary disability after November 1, 2005, and ordered the record to be further developed with medical evidence.

Workers' Compensation Appeals BoardReconsiderationTemporary DisabilityMedical EvidenceSubstantial JusticeFurther Development of RecordFindings of FactOrderAwardInstallation Manager
References
6
Case No. SFO 0459441
Regular
Mar 11, 2008

FRANK DEOME vs. CALIFORNIA MEDICAL CENTER, INNOVATIVE CLAIMS SOLUTIONS, INC.

The Workers' Compensation Appeals Board rescinded the previous award and returned the case for further proceedings because the record was insufficient to determine permanent disability and apportionment. The Board found that the WCJ's analysis of apportionment, particularly regarding a prior 1993 injury, was based on insufficient medical evidence and did not align with current legal standards. The case is remanded for further development of the medical record, potentially through an Agreed Medical Evaluation, and the WCJ will revisit all contentions after new evidence is presented.

WORKERS' COMPENSATION APPEALS BOARDDEOMECALIFORNIA MEDICAL CENTERINNOVATIVE CLAIMS SOLUTIONSINDUSTRIAL INJURYBACK SURGERYPERMANENTLY DISABLEDCOMPLEX REGIONAL PAIN SYNDROMEVOCATIONAL REHABILITATIONPERMANENT AND STATIONARY
References
8
Case No. ADJ6894877
Regular
Aug 08, 2011

JOSHUA MUNSON vs. 400 MOBILE ESTATES, TOWER SELECT INSURANCE COMPANY, Administered by ILLINOIS MIDWEST INSURANCE AGENCY, LLC

This case concerns a defendant's petition for removal following an order to develop the record on temporary and permanent disability for an applicant injured in 2009. The defendant argued there was insufficient medical evidence and the applicant failed to meet burdens of proof. The Workers' Compensation Appeals Board denied the petition, finding removal an extraordinary remedy not justified by the circumstances. The Board affirmed the Administrative Law Judge's decision to develop the record, noting insufficient substantial evidence existed for a decision, and also addressed related statutory issues.

Petition for RemovalWorkers' Compensation Appeals BoardTemporary DisabilityPermanent DisabilityPermanent Disability Rating ScheduleBurden of ProofMedical EvidenceDevelop the RecordFindings and AwardPetition for Reconsideration
References
4
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