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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

In re Nicole G.

The Rockland County Department of Social Services appealed two Family Court orders concerning child protective proceedings against Nicole G. and Daniella G., which had denied petitions and dismissed the proceedings. The appeal affirmed the Family Court's decision, finding that Nicole G.'s out-of-court statements regarding her father's alleged abuse were insufficiently corroborated by other evidence. Although witnesses cross-corroborated each other's testimony and Nicole G. provided a narrative, she refused to testify. An expert witness also failed to provide the necessary corroborating evidence with a reasonable degree of certainty. Consequently, the allegations of abuse were not established by a preponderance of the evidence.

Child Protective ProceedingsFamily Court Act Article 10Child AbuseChild NeglectCorroboration of StatementsOut-of-Court StatementsCredibility of WitnessesFact-Finding HearingAdmissibility of EvidenceExpert Testimony
References
7
Case No. 2020 NY Slip Op 01485 [181 AD3d 580]
Regular Panel Decision
Mar 04, 2020

McIntosh v. Ronit Realty, LLC

The case involves Bobb McIntosh, an employee of A.B.C. Tank Repair & Lining, Inc., who sustained injuries at premises owned by Ronit Realty, LLC. McIntosh initiated a lawsuit against Ronit, which subsequently filed a third-party action against A.B.C. Tank seeking contribution and indemnification. A.B.C. Tank moved for summary judgment, asserting there was no written agreement for indemnification and that McIntosh's injuries did not qualify as a 'grave injury' under Workers' Compensation Law § 11. The Supreme Court denied A.B.C. Tank's motion. The Appellate Division, Second Department, reversed the Supreme Court's order, concluding that A.B.C. Tank had established its prima facie entitlement to judgment as a matter of law, and Ronit failed to present a triable issue of fact.

Summary JudgmentThird-Party ActionContributionIndemnificationWorkers' Compensation Law § 11Grave InjuryEmployer LiabilityContractual IndemnificationBreach of ContractPersonal Injuries
References
11
Case No. MISSING
Regular Panel Decision

McIntosh v. Irving Trust Co.

The plaintiff, Douglas McIntosh, sued his former employer, Irving Trust Company, alleging race discrimination and retaliation. A jury found in favor of the plaintiff on the retaliation claim under the New York Human Rights Law, awarding significant back pay and compensatory damages for emotional distress. The defendant moved for a new trial, specifically challenging the compensatory damages award as excessive and unsupported by sufficient evidence of emotional injury. The District Court, finding the jury's award disproportionate to the evidence presented and to awards in comparable cases, conditionally granted the motion for a new trial. The new trial will be averted if the plaintiff agrees to a remittitur, reducing the compensatory damages to $20,000.

RetaliationRace DiscriminationCompensatory DamagesRemittiturNew Trial MotionJury Verdict ReviewEmotional Distress ClaimsHuman Rights LawFederal ProcedureJudicial Discretion
References
27
Case No. ADJ8691809
Regular
Apr 14, 2017

NICOLE BORAGNO vs. STATE OF CALIFORNIA, CDCR - CENTRAL CALIFORNIA WOMEN'S FACILITY CHOWCHILLA, STATE COMPENSATION INSURANCE FUND/STATE CONTRACT SERVICES

This case involves Nicole Boragno's workers' compensation claim against the State of California, CDCR. The applicant sought reconsideration of a decision denying the admission of a supplemental medical report. The WCAB denied reconsideration, adopting the WCJ's report which found the supplemental report inadmissible. This was because discovery had closed at the mandatory settlement conference, and the defendant failed to establish good cause for introducing evidence not previously disclosed. The WCJ noted there was no change in circumstances to warrant the late-filed report, distinguishing it from precedent that allows such reports.

WORKERS' COMPENSATION APPEALS BOARDPetition for Reconsiderationmandatory settlement conferencediscovery closureLabor Code section 5502(d)(3)good causesupplemental reportPQMEapportionmenttimeliness
References
2
Case No. MISSING
Regular Panel Decision

In re Nicole

This case concerns a respondent's application for a second medical examination of his child, Nicole, following a child abuse petition filed by Child Protective Services. Citing Family Court Act § 1038 (c), the respondent, David, sought an order for Nicole and her mother, Janet, to be examined by a physician of his choice. The court analyzed the new statutory balancing test, which weighs the respondent's need for the examination against potential harm to the child, noting it superseded prior case law. Ultimately, the court denied David's application, concluding that he failed to demonstrate sufficient need for a second examination or provide adequate information about his proposed examiners. The court also considered the Law Guardian's concerns about potential harm to the child and acknowledged that an independent evaluation had already been conducted by a qualified social worker from the Rockland County Mental Health Center.

Child AbuseSexual AbuseMedical ExaminationFamily Court Act Section 1038(c)Respondent's RightsLaw GuardianExpert WitnessBalancing TestPsychological EvaluationSocial Worker
References
7
Case No. MISSING
Regular Panel Decision
Feb 03, 1984

McIntosh v. International Business Machines Corp.

The case involves an appeal from the Supreme Court, Westchester County, regarding the dismissal of a complaint filed by Filomena McIntosh. McIntosh, an employee at will, sought damages for breach of an employment contract, prima facie tort, and malicious discharge. The appellate court affirmed the dismissal, concurring with the lower court's finding that as an at-will employee, McIntosh failed to demonstrate any limitation on the employer's right to discharge. Additionally, the complaint alleged a violation of Workers’ Compensation Law § 120 for unlawful discharge related to a compensation claim. However, the court clarified that enforcement and determination of such violations, including penalties, fall exclusively under the jurisdiction of the Workers’ Compensation Board, not the court.

Employment ContractAt-Will EmploymentWrongful DischargeWorkers' Compensation LawAppellate ReviewJurisdiction DisputePrima Facie TortMalicious DischargeComplaint DismissalAffirmed Order
References
1
Case No. 2019 NY Slip Op 07261 [176 AD3d 824]
Regular Panel Decision
Oct 09, 2019

Matter of Nieves v. Nieves

This case involves a child custody dispute between Nicole Nieves (mother) and Dennis Nieves (father), stemming from two related proceedings under Family Court Act article 6. The mother appealed an order from the Family Court, Kings County, which denied her petition for sole legal and physical custody and instead granted the father's petition. The Appellate Division, Second Department, affirmed the Family Court's decision, concluding that the record provided a sound and substantial basis for awarding the father sole custody. This was primarily due to extensive evidence demonstrating the mother and stepfather's deliberate actions to impede the father's parental access and alienate the child from him, conduct deemed inconsistent with the child's best interests. In contrast, the father proved capable of fostering a meaningful relationship between the child and the noncustodial parent, offering a calmer and more stable environment for the child.

Child CustodyParental AlienationBest Interests of the ChildFamily Court ActSole Legal and Physical CustodyAppellate DivisionParental AccessForensic EvaluationCustody DeterminationInterference with Parental Rights
References
14
Case No. ADJ693685 (SAC 0341153)
Regular
May 11, 2016

Nicole Miller vs. State Compensation Insurance Fund

This case involves Nicole Miller's petition to disqualify a Workers' Compensation Judge (WCJ), alleging stonewalling and prejudicial behavior. The Appeals Board dismissed her petition as untimely because it was filed more than ten days after the hearing notice. Furthermore, the Board noted that this was a successive petition, raising similar issues to a prior one that was also denied. The Board admonished the applicant for failing to attend the scheduled hearing.

Petition for DisqualificationWCJuntimelysuccessive petitionLabor Code section 5311Code of Civil ProcedureRules of Practice and Procedureaffidavitdeclaration under penalty of perjuryNotice of Hearing
References
0
Case No. ADJ16936069; ADJ15085332
Regular
Mar 10, 2025

Earnest McIntosh vs. Saia LTL Freight, Broadsire

Applicant Earnest McIntosh sought reconsideration of an Order Approving Compromise and Release (OACR) issued by a workers' compensation administrative law judge. The Applicant contended entitlement to additional disability benefits. The Workers' Compensation Appeals Board (WCAB) dismissed the petition as premature, citing a lack of clarity regarding service of the OACR and the applicant's understanding of the settlement terms concerning missing temporary disability checks. The WCAB recommended remanding the matter to the trial level to consider the petition as one to set aside the OACR and allow for further proceedings.

Petition for ReconsiderationCompromise and ReleaseOrder Approving Compromise and ReleaseWCJAppeals Boardpremature petitionset aside OACRtemporary disability indemnitystatutory cap104 weeks
References
39
Case No. ADJ1121456 (SAC 0355910)
Regular
Jan 23, 2009

EUGENE HICKEY (DECEASED) RHONDA HICKEY (WIDOW) NICOLE HICKEY vs. COLUSA TRAILER, SENTRY INSURANCE COMPANY

Reconsideration granted; third party credit not applicable to Nicole Hickey's death benefits; issue of credit against Rhonda Hickey's benefits deferred; matter returned to WCJ for further proceedings.

Third Party CreditDeath BenefitsReconsiderationIndustrial InjuryDependentsStructured SettlementAnnuity PaymentsLoss of ConsortiumWrongful Death ActionProximate Cause
References
6
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