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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

Nuccio v. Chou

The Supreme Court, New York County, initially awarded plaintiffs significant compensatory and punitive damages against Catherine Chou, alleging she deliberately damaged their building through excavation to compel a property sale. However, the appellate court reversed this judgment, finding insufficient evidence to support the jury's 67% liability apportionment to Chou, as her husband, Robert Chou, primarily controlled the construction. The trial also suffered from errors, including the denial of a 'missing witness' charge and improper questioning. Additionally, misconduct by the plaintiffs' counsel contributed to an unfair trial. Consequently, the judgment was reversed, causes of action for several liability against Catherine Chou were dismissed, and a new trial was ordered.

Jury apportionment of liabilityExcavation workBuilding collapsePunitive damagesCompensatory damagesVicarious liabilityCorporate liabilityMissing witness chargeTrial errorsCounsel misconduct
References
9
Case No. ADJ9571986
Regular
Feb 22, 2019

ANNE CHOU vs. COUNTY OF RIVERSIDE

The Appeals Board granted reconsideration to address the apportionment of psychiatric permanent disability. The Board clarified that Labor Code section 3208.3(h) pertains to the causation of the injury itself, not the apportionment of permanent disability. Therefore, lawful nondiscriminatory personnel actions, which did not meet the 35% causation threshold for non-compensability, cannot be used to apportion permanent disability under Labor Code section 4663. Accordingly, the applicant's permanent disability was increased from 19% to 22%.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardAdministrative Law JudgeIndustrial InjuryGastrointestinal SystemPsycheHypertensionTemporary DisabilityPermanent Disability
References
0
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