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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

Park v. City of New York

In a personal injury action arising from a construction site accident, the Supreme Court, New York County, initially reduced a jury's award for past pain and suffering from $1,500,000 to $600,000. On appeal, the order was unanimously modified by the Appellate Division. The appellate court further directed a new trial on future pain and suffering unless the plaintiff agreed to a reduction of the award from $800,000 to $400,000. The decision was based on a comparison to similar cases involving comminuted elbow/arm fractures, multiple surgeries, and permanent limitations, while noting the plaintiff's non-dominant wrist fracture added little value as it resolved without surgery.

Personal InjuryConstruction Site AccidentDamagesPain and SufferingJury Award ReductionAppellate ReviewFractureElbow InjuryWrist InjuryStipulation
References
5
Case No. 13-05-371-CR
Regular Panel Decision
Mar 13, 2008

Esteban Trevino Villegas v. State

Esteban Trevino Villegas was convicted of capital murder for the death of his ten-week-old son, Alex, who suffered from a skull fracture, intracranial bleeding, and multiple bone fractures. The injuries occurred while Alex was in appellant's sole care and were determined to be caused by shaken baby syndrome or shaken impact syndrome. Villegas appealed, raising issues concerning the legal and factual sufficiency of the evidence, the denial of his motion for a new trial (citing newly discovered evidence and alleged juror misconduct), the State's purported withholding of exculpatory evidence, and inappropriate prosecutorial comments during closing arguments. The Court of Appeals for the Thirteenth District of Texas affirmed the conviction, finding no reversible error in the trial court's decisions regarding evidence sufficiency, the motion for new trial, or the prosecutor's remarks.

Capital MurderChild AbuseShaken Baby SyndromeShaken Impact SyndromeLegal Sufficiency of EvidenceFactual Sufficiency of EvidenceMotion for New TrialNewly Discovered EvidenceBrady ViolationExculpatory Evidence
References
63
Case No. 2021-05-0232
Regular Panel Decision
Oct 15, 2021

Rollins, Kelly v. United Parcel Service, Inc.

Kelly Rollins, an employee of UPS, sustained multiple serious injuries, including a fractured hip, patella, scapula, and lumbar fractures, a right-wrist sprain, and PTSD, following a work-related automobile accident on September 10, 2019. UPS accepted the claim and provided initial medical treatment and temporary total disability benefits until Rollins reached maximum medical improvement on September 15, 2020. Rollins subsequently accepted a voluntary separation offer from UPS. The Court decided the matter on the record, awarding Rollins additional temporary total disability benefits, a lump sum of $115,000.00 for permanent partial disability benefits, and lifetime medical benefits under Tennessee Code Annotated section 50-6-204(a)(1)(A), with UPS also ordered to reimburse medical report fees and attorney expenses.

Work-related injuryAutomobile accidentFractured hipPTSDPermanent partial disabilityTemporary total disabilityLifetime medical benefitsWorkers' compensation claimVoluntary separationLump sum payment
References
2
Case No. MISSING
Regular Panel Decision

Panzarella v. Multiple Parking Services, Inc.

The case involves a plaintiff who suffered injuries from a fall on an icy parking lot. The defendant appealed the judgment, arguing a lack of actual or constructive notice of the dangerous condition and insufficient time to remedy it. However, the evidence showed the ice was visible and present for an adequate period for the defendant's employees to discover and rectify it, leading the court to conclude the verdict was not against the weight of the evidence. The Supreme Court also correctly refused a jury charge on implied assumption of risk as the plaintiff was unaware of the ice. Additionally, the jury's award of $160,000 for future pain and suffering was deemed reasonable given the plaintiff's fractured distal radius, two surgeries, permanent grip and pinch deficiencies, scars, atrophy, and wrist deformity.

Icy ConditionParking Lot FallPremises LiabilityConstructive NoticeJury VerdictAssumption of RiskPersonal Injury DamagesFractured WristSurgical ProceduresPermanent Injury
References
4
Case No. MISSING
Regular Panel Decision
Apr 07, 2000

Claim of Moreines v. Lawrence Nursing Care Center

Claimant, diagnosed with multiple sclerosis (MS) by 1988, ceased employment in March 1995 due to her work environment exacerbating her condition. She filed a workers' compensation claim, but the Workers’ Compensation Board initially ruled against a causal relationship between her work and MS exacerbation. Following an appeal, the Board amended its decision, affirming the carrier's consultant found no causal link, whose credibility was maintained under cross-examination. The claimant appealed both decisions, arguing the consultant's report was equivocal and the Board should have accepted her expert's unequivocal testimony. The court affirmed the Board's decisions, finding the conflict in medical opinion was within the Board's province to resolve, and the carrier's consultant provided substantial evidence for the Board's finding of no causal link.

Workers' CompensationMultiple SclerosisCausalityMedical OpinionExpert TestimonyBoard DecisionAppellate ReviewDisease ExacerbationWork EnvironmentCredibility
References
4
Case No. ANA 0388502
Regular
Aug 15, 2007

MICHAEL BELTRAN vs. REESE CONCRETE, CLARENDON NAT'L. INSURANCE COMPANY, AMERICAN ALL RISK LOSS ADMINISTRATORS

The Appeals Board granted reconsideration, overturning the WCJ's decision to apply the old permanent disability rating schedule. The Board found that the presence of multiple fractures alone did not constitute a report indicating permanent disability under Labor Code section 4660(d), thus the new 2005 Schedule must apply. The case is returned to the trial level for a new rating and decision regarding permanent disability and attorney's fees.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardPermanent Disability1997 Schedule2005 ScheduleQualified Medical EvaluatorTreating PhysicianLabor Code section 4660(d)Pendergrass II
References
8
Case No. MISSING
Regular Panel Decision

Starr v. Cambridge Green Homeowners Ass'n

Plaintiff, a roofer, was injured after falling from a roof during a construction project. He slipped on wet wood, fell past a scaffold, and sustained multiple fractures, requiring surgeries. He sued Cambridge Green Homeowners Association, Inc. (owner) and Thomas Rose (general contractor) under Labor Law § 240, and Fred Hanlon (co-worker) for negligence in scaffold installation. The appellate court affirmed the judgments and order, finding the jury's verdict consistent and the damages award reasonable given the severity of plaintiff's injuries and their permanent impact on his life and work.

Roofing AccidentConstruction Site SafetyLabor Law 240Proximate CauseNegligencePersonal InjuryDamages AwardPain and SufferingAppellate ReviewJury Verdict
References
9
Case No. MISSING
Regular Panel Decision
Jun 08, 2011

Guallpa v. Key Fat Corp.

The defendant appealed a judgment from the Supreme Court, Queens County, entered June 8, 2011, which awarded the plaintiff substantial damages for personal injuries. The plaintiff, a construction worker, sustained an ankle fracture, herniated disc, and rotator cuff injury after falling from a ladder in 2006, requiring multiple surgeries. The Supreme Court had granted the plaintiff summary judgment on liability, and a jury determined the damages. The appellate court affirmed the judgment, finding the jury's awards for past/future pain and suffering, lost earnings, and future medical expenses to be reasonable and not speculative, thus rejecting the defendant's challenges.

Personal InjuryConstruction Site AccidentFall from HeightLadder InjuryDamages AssessmentJury AwardAppellate AffirmationSummary Judgment LiabilityPain and Suffering DamagesLost Earnings Damages
References
11
Case No. 2020-09171, N-349-18, N-8740-18, N-8741-18, N-8742-18, N-8743-18, N-8744-18, N-8745-18, N-8746-18, N-8747-18, N-8748-18, N-8749-18, N-8750-18, N-8751-18, N-8752-18, N-8753-18, N-345-19
Regular Panel Decision
Nov 30, 2022

Matter of Amaris A. A. (Jasmine R.)

This case details an appeal by Jasmine R., the mother, from a Family Court order in Suffolk County. The Family Court had found that the mother abused her child, Amaris A. A., and derivatively neglected her seven other children, based on evidence of abusive head trauma and multiple healing rib fractures. The Suffolk County Department of Social Services presented expert testimony from a pediatric radiologist confirming non-accidental trauma. The mother failed to rebut the prima facie case of child abuse. The Appellate Division affirmed the Family Court's findings, concluding that DSS established abuse and derivative neglect by a preponderance of the evidence.

Family LawChild AbuseChild NeglectDerivative NeglectAbusive Head TraumaRib FracturesFamily Court Act Article 10Preponderance of EvidencePrima Facie CaseAppellate Review
References
5
Case No. MISSING
Regular Panel Decision
Jun 30, 2013

Stone, Renzy Lee

Renzy Stone, a 31-year-old male with a history of hypertension and psychiatric disorder, was admitted to Harris County Hospital District following a high-speed motor vehicle accident. He presented with altered mental status and combativeness, testing positive for benzodiazepine, cannabinoid, opiate, and PCP. Diagnostics revealed a non-displaced sternal fracture, and he was observed overnight under police custody. Multiple physicians and nurses were involved in his care, ordering various CT scans, lab tests, and administering medications, including restraints due to his agitated behavior. The records document his medical assessment, treatment plan, and various consents and acknowledgements.

Motor Vehicle AccidentAltered Mental StatusSternal FractureDrug IntoxicationPatient AgitationMedical RecordsEmergency MedicineTraumaHospital AdmissionPatient Restraints
References
9
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