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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
Jun 29, 1988

Claim of Baker v. Three Village Central School District

The employer appealed an amended decision by the Workers' Compensation Board, which found that the claimant had a causally related disability after a head injury sustained on September 15, 1982. The employer contested the finding of disability subsequent to November 1, 1982, arguing that a psychologist's testimony should not have been considered on the issue of causal relationship because the psychologist was not a physician. The Board, however, based its decision on a comprehensive review of the record, including reports and testimony from a psychiatrist, as well as the testimony of the claimant and the psychologist. The court affirmed the Board's amended decision, finding ample expert medical evidence supporting the disability and concluding that the psychologist's testimony was relevant to the length of the disability. The court found no irrationality in the Board's conclusion and no basis to disturb the decision.

Workers' CompensationHead InjuryDisabilityCausal RelationshipPsychiatric EvaluationNeuropsychologyExpert TestimonyAppellate ReviewSubstantial EvidenceMedical Evidence
References
0
Case No. MISSING
Regular Panel Decision

Freemon v. VF Corp.

This is a worker's compensation case where the plaintiff appealed the trial court's decision to deny permanent partial disability benefits, while awarding medical and temporary total disability. The plaintiff argued that the trial court erred in failing to consider a psychologist's testimony regarding a 'vocational disability' and in refusing to reopen the proof to hear new testimony from a physician. The Supreme Court affirmed the trial court's decision, asserting that findings of permanent disability must be based on medical authorities, not psychologists, unless the disability is obvious to a layman. The Court also upheld the denial of the motion to reopen proof, ruling that the physician's revised opinion, sought after the initial denial of benefits, did not constitute newly discovered evidence.

Worker's CompensationPermanent Partial DisabilityMedical BenefitsTemporary Total DisabilityVocational DisabilityPsychologist TestimonyPhysician TestimonyNewly Discovered EvidenceMotion for New TrialAppellate Review
References
3
Case No. MISSING
Regular Panel Decision

In re Evelyn B.

The petitioner initiated proceedings to terminate the parental rights of the respondent, mother of Evelyn B., alleging mental illness or retardation after Evelyn B. was adjudicated neglected. The Family Court, Clinton County, terminated parental rights, relying on testimony from a court-appointed clinical psychologist who diagnosed the respondent with an untreatable learning disorder and mixed personality disorder, rendering her unable to provide proper care. The respondent appealed, presenting testimony from her treating therapist suggesting potential improvement. The appellate court affirmed the Family Court's decision, finding clear and convincing evidence supporting the termination due to the respondent's mental illness and upholding the Family Court's discretion in crediting the court-appointed psychologist over the respondent's therapist, whose expert qualification was also appropriately denied.

Parental Rights TerminationMental IllnessChild NeglectFamily LawAppellate ReviewClinical PsychologyForensic EvaluationPersonality DisorderLearning DisorderExpert Witness Credibility
References
6
Case No. MISSING
Regular Panel Decision

In re S. Children

This child protective proceeding was initiated by The Society for Prevention of Cruelty to Children against a father accused of sexually abusing his young son, Scott, in the presence of his older son, Jonathan. When Jonathan, an alleged eyewitness, became reluctant to testify in his father's presence, the petitioner requested his testimony be taken in camera. The court denied this application, citing the respondent's due process right to confront witnesses and finding insufficient evidence of a pathological impact on the child. The court emphasized the absence of statutory provisions for in camera testimony in such cases and suggested legislative consideration for future procedures to balance child protection with parental rights.

Child Protective ProceedingIn Camera TestimonyDue Process RightsRight to ConfrontationChild WitnessSexual Abuse AllegationsFamily Court ActWitness ReluctanceBalancing of InterestsExclusion of Respondent
References
6
Case No. MISSING
Regular Panel Decision

Britvan v. Plaza at Latham, L. L. C.

Plaintiff Grigory Britvan suffered a comminuted fracture of his right heel after falling from a scaffold at a construction site. The Supreme Court granted partial summary judgment to plaintiffs on liability. During the trial, the court precluded a psychologist's testimony regarding Britvan's anxiety disorder because the expert could not separate the psychological impact of the accident from the employer's failure to provide workers' compensation insurance. The jury awarded Britvan $20,000 for past pain and suffering, $5,000 for future pain and suffering, and his wife $2,500 for a derivative claim. Plaintiffs appealed, arguing the awards were inadequate and the preclusion of testimony was erroneous. The appellate court affirmed the judgment, finding the awards reasonable and the preclusion of expert testimony proper.

Personal injuryScaffold accidentHeel fracturePsychological damagesExpert testimony preclusionWorkers' compensationDamages awardJury verdictAppellate review
References
6
Case No. 2015-03-0364
Regular Panel Decision
Nov 06, 2015

White, Melinda v. Caris Healthcare

Melinda Y. White, an employee of Caris Healthcare, filed a Request for Expedited Hearing after a July 2, 2015 work-related automobile accident, seeking medical benefits for an alleged mental injury. The central legal issue was whether Ms. White was entitled to a panel of psychologists for an evaluation of her mental injury. Despite a physician's initial opinion that there was no mental injury, the Court found this opinion contradictory to medical records and Ms. White's credible testimony. The Court concluded that Ms. White presented sufficient evidence of a mental injury arising from the accident, thus entitling her to a panel of psychologists. The order mandates Caris Healthcare or its carrier to provide medical treatment, including a panel of psychologists, but defers a determination on temporary total disability benefits.

Workers' CompensationMental InjuryAutomobile AccidentExpedited HearingMedical BenefitsPsychological EvaluationCausationRebuttalTreating PhysicianCredibility
References
6
Case No. MISSING
Regular Panel Decision

Kurz v. St. Francis Hospital

The defendants moved to preclude plaintiffs' expert testimony on causation or, alternatively, for a pretrial hearing regarding the plaintiff's vision loss. The plaintiff developed visual disturbances shortly after receiving Amiodarone intravenously following cardiac bypass surgery in 2008. Defendants argued a lack of scientific evidence linking short-term Amiodarone use to optic neuropathy, while the plaintiff's expert contended that rapid drug absorption could cause optic disc edema, a known side effect. Furthermore, the plaintiff highlighted medical records where defendant physicians themselves initially attributed the vision loss to the medication. The court, applying the Frye standard, determined that general causation—Amiodarone causing vision loss—is an established medical theory. It further ruled that the specific causation tests from Parker and Cornell, typically applied to toxic tort cases, were not strictly applicable here due to the distinct nature of medical malpractice. Consequently, the court denied the defendants' motion, finding an adequate foundation for the admissibility of the plaintiff's expert testimony, with any disputes regarding specific timing affecting only the weight of the evidence, not its admissibility.

Medical MalpracticeExpert TestimonyCausationAmiodaroneOptic NeuropathyVision LossMotion in LimineFrye StandardParker StandardCornell Standard
References
9
Case No. ADJ8075448
Regular
Oct 10, 2017

ALEX ROBLES vs. SOUTHERN CALIFORNIA GAS COMPANY, UTILITY WORKERS UNION OF AMERICA, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a trial judge's award in favor of applicant Alex Robles against Southern California Gas Company (SCGC). SCGC sought reconsideration, asserting that crucial testimony was omitted from the trial record. The WCAB ordered transcription of all trial testimony to ensure a full and fair adjudication of SCGC's petition. This action was necessary to allow the Board further study of the factual and legal issues involved.

Petition for ReconsiderationFindings and AwardAOE/COEGoing and Coming RuleMinutes of HearingSummary of EvidenceTrial TestimonyWCAB Rule 10740Transcript TranscriptionElectronic Adjudication Management System
References
2
Case No. MISSING
Regular Panel Decision

Cano v. Everest Minerals Corp.

This is a toxic tort case brought by fifty-three individuals and related claimants against defendants engaged in uranium mining and milling activities in Karnes County, Texas. Plaintiffs allege that exposure to ionizing radiation from uranium ore and its decay products caused their various cancers. The Court considered Defendants’ motion to exclude the expert testimony of Dr. Malin Dollinger, the Plaintiffs’ sole expert on specific causation. Dr. Dollinger's methodology, based on differential diagnosis and the linear no-threshold hypothesis, was found unreliable for determining specific causation. Consequently, the Court granted Defendants' motion to exclude Dr. Dollinger's testimony and subsequently granted summary judgment in favor of the Defendants, dismissing the case with prejudice due to Plaintiffs' lack of admissible proof on specific causation.

Toxic TortUranium MiningRadiation ExposureCancer CausationExpert TestimonyDaubert StandardSummary JudgmentSpecific CausationGeneral CausationEpidemiology
References
46
Case No. MISSING
Regular Panel Decision

Claim of Washington v. Montefiore Hospital

Claimant, a mechanical engineer, sustained a work-related injury and received initial workers' compensation benefits. The employer later contested further disability, leading to a Workers' Compensation Law Judge (WCLJ) order for medical expert depositions, including one from the employer's expert, Robert Orlandi. Claimant's counsel objected to Orlandi's telephone deposition but failed to formally challenge the notice or raise a specific objection to the oath administration during the deposition. Orlandi's testimony, taken via telephone with the court reporter in New York and Orlandi in Connecticut, concluded that the claimant was no longer disabled. Both the WCLJ and the Workers' Compensation Board credited Orlandi's testimony, finding the claimant waived objections to the deposition's procedural irregularities. The Appellate Division affirmed the Board's decision, ruling that the claimant's failure to make a timely and specific objection to the oath's administration during the deposition constituted a waiver, thus allowing the Board to properly rely on Orlandi's evidence.

Workers' CompensationMedical TestimonyDeposition ProcedureWaiver of ObjectionCPLROath AdministrationDisability AssessmentAppellate ReviewExpert WitnessProcedural Irregularities
References
2
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