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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 06, 2012

Claim of Smith v. Oneida Ltd.

The claimant appealed a Workers' Compensation Board decision concerning her husband's death benefits. In 1991, the decedent sustained a compensable lung injury, leading to permanent partial disability and continuous workers' compensation benefits until his death in September 2010. The Workers' Compensation Law Judge and the Board affirmed that the death was causally related to his work-related illness, awarding death benefits to the claimant. The self-insured employer and its claims administrator appealed this decision. The court affirmed the Board's decision, citing that a compensable illness need not be the sole cause of death, only a contributing factor. Evidence included the death certificate listing sepsis and respiratory failure, and a C-64 medical report from the decedent's long-term physician stating the death was directly or indirectly caused by the work-related illness.

death benefitscausal relationshipoccupational illnessrespiratory failuresepsispermanent partial disabilityWorkers' Compensation Board appealmedical report evidencecontributing factor
References
4
Case No. MISSING
Regular Panel Decision
Apr 05, 2001

In re Trebor UU.

Respondent, the mother of two sons, Trebor (born in 1992) and Tahran (born in 1994), appealed an order from the Family Court of Clinton County which terminated her parental rights on the grounds of mental illness. The children had been in the care and custody of the petitioner since December 1998, following a prior finding of neglect. In October 2000, the petitioner filed a petition to terminate parental rights. The Family Court determined that respondent suffered from a mental illness, as defined by Social Services Law § 384-b (6) (a), rendering her unable to provide proper and adequate care for her children for the present and foreseeable future. Respondent challenged the expert testimony's methodology and the sufficiency of evidence regarding her future incapacity. The Appellate Division affirmed the Family Court's order, finding that the expert testimony was sufficiently based and that there was clear and convincing evidence that respondent's mental illness prevented her from caring for her children, despite conflicting expert opinions on future improvement.

Parental Rights TerminationMental Illness (Parent)Family Court ActSocial Services LawExpert TestimonyClinical PsychologyPersonality DisorderAppellate DecisionChild WelfareForeseeability
References
8
Case No. MISSING
Regular Panel Decision

In re Kenneth V.

This is an appeal from a Family Court order that found respondent August V., Ill neglected his children. The proceeding was initiated by the petitioner, alleging neglect due to the parents' refusal to accept intensive counseling for two children exhibiting aggressive behavior, including wielding a knife. The Family Court initially found the father neglected all seven children. However, the appellate court reversed this decision, finding no evidence of parental misconduct by the father. The court determined that treatment recommendations were not directly communicated to the father, and he was unaware of the escalated fighting. Consequently, the petition against August V., Ill was dismissed due to insufficient proof of neglect.

NeglectChild protectionParental misconductFamily lawChild welfareAbuseErie CountyAppellate reviewParental responsibilityMental health services
References
6
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

MERIDIETH v. Chao

Plaintiff Kyle Meridieth sought judicial review of the Department of Labor's decision denying him full benefits under the Energy Employee's Occupational Illness Compensation Program Act (EEOICPA) for asbestosis. The core dispute centered on whether his state workers' compensation settlement, which mentioned "any non-malignant respiratory injury" in addition to asbestos-related lung disease, should exempt him from coordination of benefits. The court applied an "arbitrary and capricious" standard of review to the Department of Labor's administrative decision. It affirmed the Labor Department's finding that Meridieth had not sufficiently proven his state settlement covered a non-covered illness, specifically COPD, that arose from the same work-related incident as his asbestosis, noting evidence linked his COPD to smoking. Consequently, the court denied Meridieth's brief, upholding the coordination of benefits and the judgment in favor of the defendants.

Energy Employee's Occupational IllnessAsbestosisChronic Obstructive Pulmonary DiseaseBenefit CoordinationWorkers' Compensation SettlementTort Suit SettlementAdministrative ReviewArbitrary and Capricious StandardAsbestos ExposureToxic Substance Exposure
References
4
Case No. 2019-01-0399
Regular Panel Decision
Feb 23, 2021

Tate, Meshia v. Daryl Doney d/b/a Middle Tennessee Respiratory

The employee, Meshia Tate, suffered a work-related wrist injury and later a knee injury, treated by authorized physician Dr. Martin Fiala, who performed surgeries and eventually placed her at maximum medical improvement. Dissatisfied, Tate sought an unauthorized second opinion from Dr. Jeffrey Peterson, who recommended further treatment and believed a subsequent meniscal tear was work-related. The trial court sided with Tate, accepting Dr. Peterson's causation opinion and replacing Dr. Fiala as the authorized treating physician, citing Dr. Fiala's perceived failure to treat ongoing symptoms and the employer's initial failure to provide a panel of physicians. On appeal, the Workers' Compensation Appeals Board reversed the trial court's decision, concluding that the evidence did not support the causation finding for the new meniscal tear or the replacement of the authorized physician, especially given Dr. Fiala's willingness to continue treatment. The Board emphasized the lack of sufficient expert medical testimony for causation and the need to follow proper procedures for changing authorized physicians.

Workers' CompensationMedical TreatmentCausationMeniscal TearWrist InjuryKnee InjuryTreating PhysicianMaximum Medical ImprovementDegenerative ConditionExpedited Hearing
References
6
Case No. ADJ1488656 (LBO 0306208) ADJ4190554 (LBO 0365076) ADJ4297163 (LBO 0302764) ADJ4306223 (LBO 0322527)
Regular
Jan 12, 2010

CHARLIE A. WOOTEN (CHARLINE ANN WOOTEN) vs. BARLOW RESPIRATORY HOSPITAL, INTERCARE PASADENA, ZENITH

This case involves multiple consolidated claims by applicant Charlie A. Wooten against Barlow Respiratory Hospital and others. The Workers' Compensation Appeals Board (WCAB) granted reconsideration of the prior judge's decision. The WCAB rescinded that decision and returned the matter to the trial level for further proceedings and a new decision by the WCJ. This action is not a final determination of the merits, and parties retain their rights to further reconsideration.

WORKERS' COMPENSATION APPEALS BOARDRECONSIDERATIONADMINISTRATIVE LAW JUDGEWCJRESCINDEDFURTHER PROCEEDINGSDECISION AFTER RECONSIDERATIONTRIAL LEVELPETITION FOR RECONSIDERATIONBARLOW RESPIRATORY HOSPITAL
References
0
Case No. 03-02-00570-CV
Regular Panel Decision
Apr 10, 2003

Fleetwood Community Home v. Eric M. Bost, Commissioner, in His Official Capacity And Texas Department of Human Services

Fleetwood Community Home appealed a district court judgment affirming the Texas Department of Human Services' order that terminated Fleetwood's Medicaid certification for a ten-day period. The Department found an immediate and serious threat to residents due to issues like resident aggression, respiratory illness, injuries, inadequate staff training, and lack of appropriate nursing services. Fleetwood argued that the decision was an abuse of discretion and not supported by substantial evidence, claiming it had remedied the deficiencies within the

Medicaid CertificationICF/MR FacilitiesAdministrative Order AppealSubstantial Evidence ReviewAbuse of DiscretionFast-Track TerminationResident Health and SafetyUntrained StaffTexas Court of AppealsMedicaid Regulations
References
18
Case No. MISSING
Regular Panel Decision
Jul 19, 2001

Claim of McCabe v. Watertown Correctional Facility

Claimant, a correction officer, worked long, exhaustive shifts in extremely cold conditions during a severe ice storm in January 1998, leading to an upper respiratory infection and pneumonia. Despite his illness, he continued to work, subsequently experiencing seizures and being diagnosed with postencephalitic epilepsy on February 11, 1998. A Workers’ Compensation Law Judge and the Workers’ Compensation Board established his case, finding accident, notice, and causal relationship, but the employer appealed. The appellate court affirmed the Board's decision, emphasizing uncontroverted medical evidence that the claimant's severe fatigue from his work environment depressed his immune system, making him susceptible to the virus causing his epilepsy.

Workers' CompensationPostencephalitic EpilepsyWork-Related IllnessImmune System DepressionExtreme Weather ConditionsCorrection OfficerOccupational HazardCausal RelationshipMedical EvidenceSubstantial Evidence
References
5
Case No. 21-mc-102
Regular Panel Decision

In re World Trade Center Lower Manhattan Disaster Site Litigation

This Order and Opinion addresses the approval of settlements in 78 cases stemming from the September 11, 2001 terrorist attacks. The plaintiffs, represented by Worby Groner Edelman & Napoli Bern LLP, are individuals who developed respiratory and gastrointestinal illnesses from working in buildings surrounding the World Trade Center site. These settlements resolve claims against a multitude of defendants in the 21-mc-102 docket. District Judge Alvin K. Hellerstein meticulously reviewed the settlements, finding them procedurally and substantively fair and reasonable given the inherent complexities of mass tort litigation. The motion to approve the settlements is granted, leading to the dismissal of claims for 26 plaintiffs and partial dismissal against settling defendants for the remaining 52 plaintiffs.

September 11 litigationWorld Trade CenterMass tortSettlement approvalToxic dust exposureRespiratory illnessesGastrointestinal illnessesSouthern District of New YorkClass action factorsProcedural fairness
References
46
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