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Case Law Database

Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. 13-ev-3288; 13-cv-4244
Regular Panel Decision

Alzheimer's Disease Resource Center, Inc. v. Alzheimer's Disease & Related Disorders Ass'n

This case involves two related lawsuits stemming from the disaffiliation of the Alzheimer’s Disease Resource Center, Inc. (ADRC) from the Alzheimer’s Disease and Related Disorders Association (the Association). In case 13-ev-3288, ADRC alleged unfair competition, false advertising, and other claims. The Court denied dismissal for false advertising under the Lanham Act, New York General Business Law § 349, and unjust enrichment, but granted dismissal for trademark infringement, common law unfair competition, UCC violations, conversion, tortious interference, and fraud. In case 13-cv-4244, ADRC alleged breach of contract and misappropriation of trade secrets related to donor lists. The Court granted the Association's motion to dismiss this complaint in its entirety. Punitive damages were stricken for Lanham Act and unjust enrichment claims.

Unfair CompetitionLanham ActFalse AdvertisingTrademark InfringementNew York General Business Law § 349Unjust EnrichmentMotion to DismissBreach of ContractTrade Secret MisappropriationConversion
References
55
Case No. MISSING
Regular Panel Decision

Matter of John Z.

This case involves an appeal from an order recommitting the respondent to petitioner's custody due to a dangerous mental disorder. The respondent, with a history of multiple killings and a prior finding of not guilty by reason of mental disease or defect, had his parole revoked after exhibiting aggressive and threatening behavior upon conditional release. The Supreme Court determined he suffered from Antisocial Personality Disorder with narcissistic and paranoid features, which was deemed a dangerous mental disorder justifying civil confinement under CPL 330.20. The appellate court affirmed, rejecting the argument that the diagnosis was legally insufficient and upholding the finding of current dangerousness based on expert testimony, the respondent's history of violence, and his lack of insight into his condition.

dangerous mental disordercivil confinementantisocial personality disordernarcissistic featuresparanoid featuresCPL 330.20recommitmentmental illnessparole revocationexpert testimony
References
10
Case No. MISSING
Regular Panel Decision

In re Ashley L.

The respondent, mother of Ashley L., appealed a Family Court order from Clinton County, entered December 30, 2004, which terminated her parental rights based on mental illness under Social Services Law § 384-b. The petitioner, a social services agency, initiated the proceeding after Ashley was taken into protective custody at birth due to the mother's extensive mental illness history. Licensed psychologist Richard Liotta and psychiatrist Bruce Kokernot testified about the respondent's mental health conditions, including major depressive disorder, mood disorder, and personality disorder, opining she was unable to provide adequate care and likely to relapse. The appellate court affirmed the Family Court's decision, finding sufficient proof of mental illness and rejecting claims of an unfair hearing and ineffective assistance of counsel.

Parental rights terminationMental illnessChild welfareSocial Services Law § 384-bPsychological evaluationPsychiatric diagnosisRelapse riskIneffective assistance of counselAppellate reviewFamily Court decision
References
14
Case No. MISSING
Regular Panel Decision
Jan 17, 1996

Claim of Palevsky v. New York City Board of Education

In 1986, while working as an education associate in the Bronx, the claimant sustained a fractured nose due to a student altercation and filed a timely workers' compensation claim, receiving benefits. The case remained open for a pending nasal surgery issue. Years later, in 1992, the claimant sought compensation for alleged consequential posttraumatic stress disorder. The self-insured employer, the New York City Board of Education, argued that Workers' Compensation Law § 28, a two-year statute of limitations, barred this new claim. However, both the Workers' Compensation Law Judge and the Board affirmed that Section 28 does not apply to consequential injuries. Upon appeal, the Court concurred, holding that a subsequent claim for disability compensation related to injuries in an earlier, timely claim is not barred by the two-year limit for amendment.

Workers' CompensationPosttraumatic Stress DisorderStatute of LimitationsConsequential InjuryWorkers' Compensation Law § 28Time BarBoard DecisionAppealWorkplace InjuryNasal Fracture
References
3
Case No. 10 Civ. 3314; 10 Civ. 5013
Regular Panel Decision
Dec 22, 2010

Alzheimer's Foundation of America, Inc. v. Alzheimer's Disease & Related Disorders Ass'n

This consolidated opinion addresses dueling motions to dismiss in two civil actions involving the Alzheimer’s Foundation of Americas, Inc. (the "Foundation") and the Alzheimer’s Disease and Related Disorders Association (the "Association"). The Foundation initiated a lawsuit alleging misrepresentation, trademark dilution, unfair competition, unjust enrichment, conspiracy, conversion, and UCC violations against the Association and Northern Trust. Conversely, the Association filed its own complaint asserting claims of trademark infringement, libel, injurious falsehood, false designation, dilution, fraud, tortious interference, injury to business reputation, unfair competition, unjust enrichment, and conspiracy against the Foundation and several individuals. The court denied motions to dismiss the Lanham Act, dilution, and unfair competition claims for both parties, but granted motions to dismiss the UCC, conversion, libel, unjust enrichment, and fraud claims, including all claims against Northern Trust. Leave to amend the complaints was granted.

Trademark InfringementUnfair CompetitionLanham ActDilutionUnjust EnrichmentConversionFraudCollateral EstoppelMotion to DismissRule 12(b)(6)
References
59
Case No. MISSING
Regular Panel Decision

Benzon v. Sosa

This case concerns an appeal from a Family Court order that granted a maternal grandmother custody of her two grandchildren following their mother's death. The biological father had a documented history of domestic violence, substance abuse, and exposed the children to a turbulent environment. Medical evaluations indicated the father suffered from an alcohol-induced mood disorder, while a social worker noted the eldest child exhibited behaviors consistent with exposure to chronic family violence and potential abuse. The appellate court affirmed the lower court's finding of extraordinary circumstances and concluded that awarding custody to the grandmother was in the children's best interest, citing her commitment to their emotional needs.

CustodyChild CustodyFamily LawDomestic ViolenceSubstance AbuseParental FitnessExtraordinary CircumstancesBest Interest of the ChildGrandparent CustodyAppellate Review
References
9
Case No. 516033
Regular Panel Decision
Sep 04, 2014

MatterofSchwartzvStateInsuranceFund

Amara B. Schwartz appealed two decisions from the Workers' Compensation Board. The first appeal concerned a ruling that her alleged cardiac conditions were not causally related to an established claim of adjustment disorder with mixed depressed mood and anxiety and chronic emotional stress. The second appeal challenged the Board's decision denying payment for intermittent lost time. The Supreme Court, Appellate Division, Third Judicial Department, affirmed both decisions. The court found that the independent medical examiner complied with Workers' Compensation Law § 137, and that the Board's determination regarding a further causally-related disability was supported by substantial evidence. Additionally, the Board's denial of intermittent lost time benefits was upheld, as claimant's psychologist testified there was no psychological reason for her to take entire days off from work.

Workers' CompensationAppellate ReviewCausally Related DisabilityCardiac ConditionsHypertensionMitral Valve InsufficiencyLost Time BenefitsIndependent Medical ExaminationMedical OpinionsSubstantial Evidence
References
4
Case No. MISSING
Regular Panel Decision
Apr 22, 2009

In re Noah Jeremiah J.

This is a dissenting opinion concerning a child neglect finding against respondent mother Kimberly J., who suffers from bipolar disorder. The dissent argues that the Administration for Children’s Services (ACS) failed to prove by a preponderance of the evidence that the subject child, Noah J., was a neglected child at the time of the hearing. While acknowledging the mother's past struggles with mental health and medication compliance, the dissenting judge asserts that the evidence did not demonstrate an imminent risk to Noah, especially if appropriate social services had been provided. The dissent highlights Kimberly's cooperation with treatment, stable mood during Noah's birth, and consistent negative drug tests, contrasting her situation with other cases where neglect findings were affirmed due to more severe parental non-compliance or dangerous behavior. The underlying Family Court order, despite this dissent, was affirmed.

Child NeglectBipolar DisorderMedication ComplianceImminent DangerFamily Court ActPreponderance of EvidenceSocial ServicesParenting AbilityPsychiatric DisorderMood Swings
References
5
Case No. ADJ8136512 ADJ8136526
Regular
Apr 30, 2019

SOLANGE TUCKER vs. STATE OF CALIFORNIA, DEPARTMENT OF CORRECTIONS and REHABILITATION, PAROLE and COMMUNITY SERVICES

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration of a prior award. The original award found applicant sustained industrial injuries to her shoulder, knees, psyche, hypertension, headaches, and a sleep disorder, resulting in 73% permanent partial disability. The defendant argued against the findings regarding the sleep disorder, temporary disability, and the overall PD rating. The Board affirmed the WCJ's findings, finding substantial evidence supported the award for sleep disorder and temporary disability, and that the psychiatric impairment did not subsume the sleep disorder impairment.

Workers' Compensation Appeals BoardJoint Findings and AwardPetition for ReconsiderationIndustrial InjuryRight ShoulderRight KneeLeft KneePsycheHypertensionSleep Arousal Disorder
References
7
Case No. ADJ8782360
Regular
Jun 01, 2018

Eldridge Taylor vs. California Department of Corrections and Rehabilitation, STATE COMPENSATION INSURANCE FUND

The California Workers' Compensation Appeals Board denied a petition for reconsideration, affirming a prior award to Eldridge Taylor. The award included permanent disability for cumulative trauma injuries, sleep disorder, and hearing loss. The employer argued the sleep disorder rating was subsumed by orthopedic pain, the hearing loss lacked substantial evidence, and the WCJ failed to properly apportion non-industrial factors. The Board adopted the WCJ's report, finding sufficient medical evidence for the sleep disorder and hearing loss. The dissenting opinion argued the sleep disorder award should be rescinded as it stemmed solely from industrial pain already rated.

Workers' Compensation Appeals BoardEldridge TaylorCalifornia Department of Corrections and RehabilitationLegally UninsuredState Compensation Insurance FundADJ8782360Cumulative TraumaCorrectional OfficerParole OfficerSleep Disorder
References
1
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