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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
Nov 05, 2014

Shoshanah B. v. Lela G.

This case involves an appeal from a Family Court order concerning child therapy and visitation. The original order, entered on November 5, 2014, permitted the respondent (custodial parent) to enroll the parties' child in therapy and temporarily suspended the petitioner's Wednesday overnight visits. The Appellate Division modified the order, affirming the respondent's right to enroll the child in therapy but vacating the suspension of the petitioner's Wednesday overnight visits. The court found that while the respondent acted appropriately in seeking therapy for the child due to emotional distress, the Family Court erred in modifying the visitation schedule without a proper hearing, as there was no showing of an immediate emergency. The ruling underscores the requirement for a hearing when modifying custody or visitation orders, even on a temporary basis.

Family LawChild CustodyVisitation RightsChild TherapyParental RightsCustody Agreement ModificationJudicial Hearing OfficerAppellate ReviewDue ProcessEmergency Order
References
8
Case No. MISSING
Regular Panel Decision

Raychelle J. v. Kendell K.

This case involves an appeal from a Family Court order in Broome County, which modified a prior custody and visitation arrangement between unmarried parents. The mother initiated proceedings after the father physically assaulted one of their sons and the mother during a dispute. The Family Court determined the father committed a family offense, issued an order of protection, granted the mother sole custody, and ordered supervised visitation for the father. The father appealed, challenging only the supervised visitation restriction. The appellate court affirmed the Family Court's decision, citing the father's history of temper outbursts, inappropriate use of corporal punishment, and his refusal to participate in therapy, concluding that supervised visitation was in the children's best interests.

Custody modificationSupervised visitationFamily offense findingCorporal punishmentChild safetyParental conductBest interests of childrenAppellate reviewFamily Court discretionDomestic violence
References
7
Case No. ADJ8266885
Regular
Jan 20, 2016

DAYSI PATRICIA MOLINA ROMERO vs. CALIFORNIA PIZZA KITCHEN, TRAVELERS DIAMOND BAR

This case involves a lien claim by Mario Arroyo, D.C., for chiropractic and physical therapy services provided to an injured worker. The Workers' Compensation Appeals Board (WCAB) granted reconsideration and rescinded the original findings. The WCAB held that "visits" must be distinguished by the type of treatment rendered, allowing for separate reimbursement caps for chiropractic and physical therapy visits. Further development of the record is required to determine the nature of services provided and whether Arroyo is entitled to reimbursement for physical therapy beyond the 24 chiropractic visits already paid.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and OrderLien ClaimantChiropractic VisitsPhysical TherapyLabor Code Section 4604.5(c)(1)Bill ReviewerCumulative TraumaIndustrial Injury
References
2
Case No. MISSING
Regular Panel Decision

Braswell v. Braswell

The case concerns an appeal by a father from a Family Court order that modified his visitation schedule with his son. The mother had initiated the modification proceeding, citing the child's entry into kindergarten and the disruptive nature of the existing schedule, as well as the child's diagnosis of acute stress disorder linked to visits with his father. The Family Court denied the father's adjournment request and, in his absence, reduced his visitation to three visits annually. The Appellate Division affirmed the Family Court's decision, finding no abuse of discretion in either the denial of the adjournment or the modification of the visitation, as a sufficient change in circumstances and the child's best interests were demonstrated.

Child visitationVisitation modificationFamily Court ActAppellate reviewAdjournment denialChild custodyBest interests of childAcute stress disorderParenting timeChild welfare
References
21
Case No. MISSING
Regular Panel Decision
Jul 27, 2009

Ciccone v. Ciccone

In a visitation proceeding, the father appealed an order from the Family Court, Kings County, which granted the mother’s petition for supervised visitation with their daughter. The Family Court's decision was affirmed on appeal. The court found that despite the mother's history of mental health problems and a past admission of physically abusing an adult son, her condition had significantly improved through voluntary mental health treatment and she showed remorse. The decision to award monthly supervised visits was supported by a court-appointed forensic psychologist, a social worker who supervised visits, and the attorney for the child. The Family Court also considered a finding of a family offense against the mother but determined it did not establish that supervised visitation would be detrimental to the child's welfare, especially since experts reported the mother acted appropriately with the child during visits.

Visitation rightsFamily lawChild custodyParental rightsSupervised visitationMental healthParental fitnessBest interest of the childAppellate reviewEvidentiary basis
References
9
Case No. MISSING
Regular Panel Decision

Lane v. Lane

This case involves a mother's appeal against a Family Court order concerning visitation rights with her son. The Family Court had denied the mother unsupervised visitation and imposed conditions for future modification, stemming from a prior incident where the mother absconded with the son during an unsupervised visit. The appellate court affirmed the denial of unsupervised visitation, finding ample basis in the mother's past conduct and evasive testimony. However, the court deemed it improper to condition the mother's ability to seek modification on engaging in psychotherapy and a mental status evaluation. Although there was an error in admitting uncorroborated statements from the son's half-sister, this was found to be harmless given the substantial evidence supporting the supervised visitation order. The decision ultimately upholds the core finding of supervised visitation while correcting the procedural imposition of conditions.

child custodysupervised visitationparental rightsappellate reviewfamily courtmental health evaluationevidentiary errorharmless errorneglect proceedingconditions for modification
References
23
Case No. MISSING
Regular Panel Decision
May 26, 1998

Millett v. Millett

The case involves an appeal from a Family Court order that modified a prior custody and visitation arrangement for two sons. Initially, the parents had joint custody, but the petitioner sought to limit the respondent's visitation due to alleged mental abuse of the children. The Family Court awarded sole custody to the petitioner and mandated that the respondent's visitation be arranged by the children's therapist. On appeal, the court affirmed the termination of joint custody and the requirement for supervised visitation. However, it found that delegating the authority to determine the specifics of supervised visitation to a therapist was an improper delegation of judicial power. Consequently, the case was remitted to the Family Court of Warren County for further proceedings to establish the nature and frequency of the supervised contacts between the respondent and the children.

Custody disputeVisitation rightsChild mental healthParental fitnessFamily CourtModification of orderAppellate reviewRemandSupervised visitationDelegation of judicial authority
References
12
Case No. 2014-1124 K C
Regular Panel Decision
Jul 21, 2017

Natural Therapy Acupuncture, P.C. v. Nationwide Ins.

The Appellate Term, Second Department, affirmed an order of the Civil Court of the City of New York, Kings County, which had granted summary judgment to Nationwide Ins. The case involved Natural Therapy Acupuncture, P.C.'s action to recover assigned first-party no-fault benefits. Nationwide Ins. successfully argued that it properly reimbursed the plaintiff for acupuncture services using the workers' compensation fee schedule applicable to chiropractors providing similar services. The appellate court found sufficient proof of timely mailing of claim denials and full payment according to the fee schedule. A new contention raised by the plaintiff for the first time on appeal was not considered by the court.

no-fault insuranceacupuncture servicesworkers' compensation fee schedulesummary judgmentappellate reviewclaim denialtimely mailingreimbursementmedical servicesfirst-party benefits
References
4
Case No. MISSING
Regular Panel Decision
Feb 19, 1991

Barry v. Chefales

The paternal grandmother appealed an order from the Family Court, Queens County, dated February 19, 1991. This order had vacated a previous visitation order and denied her petition for visitation with her granddaughter. The Family Court's decision was supported by findings from a social worker and a court-appointed psychologist, both recommending against visitation, along with testimony from the respondent and her second husband. Sufficient evidence indicated that continued visitation would detrimentally impact the child’s emotional and mental well-being. The appellate court affirmed the Family Court’s decision, finding adequate support in the record for the exercise of discretion.

Child visitationGrandparent visitation rightsFamily Court ActDomestic Relations LawBest interest of the childAppellate reviewDiscretionary rulingChild welfareSocial worker reportPsychological evaluation
References
2
Case No. 2017-635 K C
Regular Panel Decision
Aug 02, 2019

Natural Therapy Acupuncture, P.C. v. GEICO Ins. Co.

In this case, Natural Therapy Acupuncture, P.C., acting as assignee, sought to recover no-fault benefits from GEICO Ins. Co. The Civil Court initially denied GEICO's cross-motion for summary judgment to dismiss claims concerning unpaid benefits. On appeal, the Appellate Term, Second Department, reversed the lower court's decision. The Appellate Term found that GEICO had timely denied the claims and correctly applied the workers' compensation fee schedule for the services in question. Consequently, GEICO's cross-motion for summary judgment was granted, dismissing the plaintiff's claims.

No-Fault BenefitsSummary JudgmentWorkers' Compensation Fee ScheduleAppellate ReviewInsurance ClaimsTimely DenialAssigned ClaimsMedical Provider ReimbursementCivil CourtAppellate Term Decision
References
2
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