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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

Hason v. Department of Health

The petitioner, a physician, sought review of a determination by the Administrative Review Board for Professional Medical Conduct (ARB) which suspended his medical license. The ARB's decision was based on a prior California Board finding that the petitioner's ability to practice medicine was impaired by mental illness (bipolar affective disorder and narcissistic personality disorder). The court upheld the ARB's finding of professional misconduct, applying collateral estoppel to the California determination. However, the court found the penalty imposed by the ARB—a one-year suspension "and thereafter until such time as [petitioner] can demonstrate his fitness to practice medicine"—was not authorized by Public Health Law § 230-a. Consequently, the court modified the determination by annulling the penalty and remitted the matter to the ARB for the imposition of a statutorily appropriate penalty.

Medical License SuspensionProfessional MisconductPsychiatric ImpairmentMental IllnessBipolar Affective DisorderNarcissistic Personality DisorderCollateral EstoppelArticle 78 ProceedingAdministrative ReviewPenalty Annulment
References
26
Case No. ADJ768780 (FRE 0249044)
Regular
Aug 31, 2015

ANDRE PARENTEAU vs. GRIEF BROTHERS, INC., TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA

The Workers' Compensation Appeals Board (WCAB) granted reconsideration and modified a prior order, affirming the award of $5,252.50 in attorney's fees and costs against lien claimant AMR Group. While acknowledging AMR Group's egregious and meritless conduct, including filing a faulty Declaration of Readiness to Proceed, the WCAB rescinded a separate notice of intent to sanction. This second sanction notice was deemed improper as a prior WCJ had already addressed and dismissed a similar sanction for the same conduct. The WCAB emphasized that reissuing a sanction notice for the same actions violated due process.

Petition for ReconsiderationLien ClaimantDeclaration of Readiness to ProceedAttorney's FeesCostsNotice of Intent to SanctionEgregious ConductFrivolous ConductWCJAdjudicated
References
0
Case No. MISSING
Regular Panel Decision

People v. Kamp

The defendant appealed a judgment from the County Court of Otsego County, convicting them of six counts of criminal sexual act in the third degree involving a 16-year-old victim. The appeal challenged the court's Molineux ruling, which allowed evidence of prior uncharged sexual conduct, arguing it was irrelevant and prejudicial. The appellate court found the evidence relevant for providing background on the relationship and contextualizing the victim's delayed reporting. The defendant also argued the verdict was against the weight of the evidence, but the appellate court upheld the jury's credibility findings. Finally, the defendant's arguments regarding sentencing adjournments were not preserved, and the sentence was deemed not harsh or excessive, considering the exploitation of trust.

Criminal LawSexual OffensesCriminal Sexual ActThird DegreeAppealEvidentiary RulingMolineux RulePrior Uncharged ConductChild VictimWitness Testimony
References
19
Case No. MISSING
Regular Panel Decision

Sutherland v. City of New York

Norrel Sutherland, a dock builder, was injured on a job site while operating a defective winch motor for Pile Foundation Construction Co., Inc., his employer. He subsequently filed actions against the City of New York, its departments, Ingersoll-Rand Company, and Pile Foundation, alleging negligence and violations of Labor Law, Jones Act, and LHWCA. The Supreme Court initially dismissed claims against Pile under LHWCA and Jones Act, and some Labor Law claims against the City, but denied dismissing the Labor Law § 200 claim against the City. Upon reargument, the court adhered to its prior determinations. Sutherland and the City appealed. This appellate court dismisses several appeals and cross-appeals, upholds the dismissal of Jones Act and Labor Law §§ 240 and 241 (6) claims, and modifies the prior order to grant summary judgment dismissing the Labor Law § 200 claim against the City. The court extensively discusses the "dual capacity" employer liability under LHWCA, affirming that Pile's alleged negligence related to employer functions, not vessel owner functions, thus granting Pile immunity. The final decision is to modify and affirm the prior orders.

Longshore and Harbor Workers’ Compensation ActJones Act ClaimsLabor Law ClaimsDual Capacity DoctrineVessel Owner NegligenceEmployer ImmunitySummary Judgment AppealConstruction Site SafetyDefective EquipmentMaritime Worker Injury
References
20
Case No. ADJ8011399 ADJ8967612 ADJ8967613
Regular
Feb 19, 2014

ENRIQUE DOMINGUEZ vs. WHOLE FOODS MARKETS, Permissibly SelfInsured

This case involves a dispute over attorney's fees for applicant's attorney arising from deposition conduct. The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a prior decision awarding attorney's fees. The Board found that while the applicant's attorney was entitled to fees under Labor Code section 5710(b)(4), the conduct of both attorneys during a deposition was unprofessional. The WCAB ultimately affirmed the award of attorney's fees but also addressed the attorneys' unprofessional conduct.

Deposition attorney's feesLabor Code section 5710(b)(4)Unprofessional conductCompromise and releaseIndustrial injuryTeam memberWCJ decisionPetition for removalMedical record developmentAgreed medical evaluator (AME)
References
2
Case No. ADJ8802401
Regular
Sep 19, 2017

ROBERT MIKE CAPES vs. COUNTY OF SAN BERNARDINO SHERIFF’S DEPARTMENT

The applicant's attorney sought reconsideration of a prior order denying the defendant's petition for reconsideration regarding sanctions and fees. The applicant's attorney argued the Board erred in upholding the finding that the defendant's attorney engaged in sanctionable conduct. The Board granted the applicant's petition for reconsideration, affirming its previous order but clarifying that the sanctionable conduct was committed by Sammy Rabieh of the Law Office of Louis D. Seaman, not Mr. Seaman himself. The ultimate decision affirmed the original findings regarding sanctionable conduct and the award of attorney's fees and costs to the applicant's attorney.

Workers' Compensation Appeals BoardPetition for ReconsiderationSanctionsFees and CostsWorkers' Compensation Administrative Law JudgeSanctionable ConductAttorney's FeesLaw Offices of Louis D. SeamanSammy RabiehRichard W. Smith
References
2
Case No. MISSING
Regular Panel Decision

People v. Bradley

This case concerns the appeal of a defendant, Bradley, convicted of first-degree manslaughter, who claimed self-defense against her estranged boyfriend, Joseph Wilburn. She argued that her actions were influenced by post-traumatic stress disorder (PTSD) and battered woman syndrome (BWS), stemming from a history of abuse. The prosecution introduced evidence of a prior uncharged incident where the defendant had stabbed an unidentified man in the thigh. The Court of Appeals reversed the conviction and ordered a new trial, holding that the admission of the prior stabbing incident was an error. The Court found this "Molineux" evidence lacked sufficient probative value to disprove the defendant's specific state of mind regarding justification, and its prejudicial effect, suggesting a propensity for violence, outweighed its relevance. The lack of context for the prior stabbing made it unreliable for inferring motivation in the current case.

ManslaughterSelf-defenseBattered Woman SyndromePTSDMolineux EvidencePrior Bad ActsPropensity EvidencePrejudicial ErrorReversalNew Trial
References
6
Case No. 2019 NY Slip Op 01077
Regular Panel Decision
Feb 13, 2019

Matter of Simon

This disciplinary proceeding concerns attorney Alan Michael Simon, who was previously removed from his judicial position by the New York Court of Appeals for extensive judicial misconduct. The misconduct included bullying, ethnic smearing, poor temperament, engaging in a physical altercation, repeatedly threatening officials with contempt without cause, and improperly interfering in a political election. The Grievance Committee for the Ninth Judicial District brought three charges of professional misconduct against Simon, alleging conduct prejudicial to the administration of justice, conduct adversely reflecting on his fitness as a lawyer, and conduct involving dishonesty, deceit, fraud, and misrepresentation. The court found the charges sustained under the doctrine of collateral estoppel, given the prior findings by the Court of Appeals. Despite Simon's arguments for mitigation, including his good faith and election as mayor, the court deemed his actions "truly egregious" and noted his continued lack of insight. Consequently, Alan Michael Simon was disbarred, effective immediately.

Attorney DisciplineJudicial MisconductDisbarmentProfessional MisconductCollateral EstoppelGrievance CommitteeAppellate DivisionRules of Professional ConductEthical ViolationsAttorney and Counselor-at-Law
References
4
Case No. Rutherford Circuit No. 31613; Appeal No. 01A01-9709-CV-00531
Regular Panel Decision
Dec 02, 1998

Allen E. Hasty, Judy Darlene Hasty v. Thomas R. Throneberry, Ind., D/B/A Throneberry Properties and Sharon Clutter

Plaintiffs Allen E. Hasty and Judy Darlene Hasty sued Thomas R. Throneberry for wrongful eviction, outrageous conduct, and defamation. Hasty, a maintenance worker for Throneberry, was fired and subsequently evicted from an apartment provided as part of his compensation. Throneberry terminated electricity and changed locks, forcing Hasty out. Hasty claimed these actions, combined with a prior work-related car accident, caused Post-Traumatic Stress Disorder (PTSD) and major depression, for which he had already received worker's compensation benefits. The trial court dismissed defamation and outrageous conduct claims but allowed the wrongful eviction claim and later permitted amendment to include intentional infliction of emotional distress. A jury awarded Hasty $500 for property loss and $10,000 for mental damages, attributing 55% of the latter to Throneberry's actions, resulting in a total judgment of $6,000. Throneberry appealed, arguing the relationship was employer-employee, not landlord-tenant, precluding wrongful eviction, and that PTSD recovery was barred by worker's compensation exclusivity and lack of medical certainty. The Court of Appeals affirmed, holding that even if it was an employer-employee relationship, Throneberry had a duty to refrain from intentional, willful, or wanton conduct causing injury or loss, which Hasty's complaint alleged and the jury found. The court also ruled that worker's compensation exclusivity does not apply if the defendant intended to cause injury, which was alleged. Finally, Dr. Singh's testimony was found sufficient regarding causation, and apportionment of damages was a jury matter.

Wrongful EvictionIntentional Infliction of Emotional DistressEmployer-Employee RelationshipLandlord-Tenant DisputeWorkers' Compensation ExclusivityProximate CausationMedical Expert TestimonyPost-Traumatic Stress DisorderMajor DepressionComparative Fault
References
13
Case No. ADJ3562417 (AHM 0139651)
Regular
Apr 02, 2020

JESUS SANTILLAN vs. GBC CONCRETE AND MASONRY CONSTRUCTION, INC., ZURICH AMERICAN INSURANCE COMPANY

This Workers' Compensation Appeals Board decision granted reconsideration and affirmed a prior ruling. The Board adopted the WCJ's report, finding the defendants' conduct "without merit and borders on frivolous." As a result, the original decision was amended to include a $2,276 penalty under Labor Code section 5814, and the defendants were admonished that their conduct could lead to sanctions.

WORKERS' COMPENSATION APPEALS BOARDGBC CONCRETE AND MASONRY CONSTRUCTIONINC.ZURICH AMERICAN INSURANCE COMPANYPetition for ReconsiderationWCJ's reportAMENDED decisionLabor Code § 5813Cal. Code Regs. tit. 8 § 10421sanctions
References
0
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