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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 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

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

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
Case No. MISSING
Regular Panel Decision

Claim of Morelli v. Tops Markets

Claimant, having sustained work-related injuries in 2007 and receiving benefits, was questioned by a Workers' Compensation Law Judge (WCLJ) regarding work activities at a 2011 hearing. Immediately after, the employer and its carrier sought to introduce surveillance video and investigator testimony, alleging a violation of Workers' Compensation Law § 114-a. The WCLJ denied this request and precluded the evidence, ruling that the carrier failed to disclose the surveillance prior to the claimant's testimony. The Workers' Compensation Board affirmed this decision, reiterating the established requirement for timely disclosure of surveillance materials to prevent 'gamesmanship.' The appellate court subsequently affirmed the Board's decision, finding no arbitrary or capricious action, as the carrier had an opportunity to disclose the evidence before prompting the WCLJ's questioning and before the claimant testified.

Workers' Compensation LawSurveillance EvidenceDisclosure ObligationPreclusion of EvidenceAppellate ReviewEvidence AdmissibilityClaimant TestimonyEmployer ResponsibilitiesCarrier ResponsibilitiesBoard Decision
References
11
Case No. MISSING
Regular Panel Decision

Claim of Nassar v. Masri Furniture & Merchandise, Inc.

The employer challenged the Workers' Compensation Board's decision, arguing a lack of substantial evidence for a causal link between the claimant's injury and employment. However, testimony from the claimant and a coworker confirmed the claimant sustained back and neck injuries while lifting furniture for the employer, leading to a cessation of work due to persistent pain. The court emphasized that any testimonial inconsistencies created a credibility matter for the Board to resolve, noting its independence from the Workers’ Compensation Law Judge's findings. Crucially, uncontradicted medical evidence corroborated the causal relationship between the workplace injury and the claimant's disability. Consequently, the Board’s decisions were affirmed.

Workers' CompensationCausal RelationshipSubstantial EvidenceCredibility IssueBoard DecisionMedical EvidenceBack InjuryNeck InjuryLifting FurnitureEmployment Injury
References
6
Case No. MISSING
Regular Panel Decision
Oct 19, 2012

Goreczny v. 16 Court Street Owner

The Supreme Court, Appellate Division, affirmed an order granting partial summary judgment to the plaintiff on liability under Labor Law § 240 (1) and denying defendants' motion to dismiss claims under Labor Law § 240 (1) and § 241 (6). The plaintiff was injured after falling from an unsecured ladder. The court ruled that the plaintiff's uncontradicted testimony established a prima facie case for liability under Labor Law § 240 (1), emphasizing that a worker's comparative negligence is not a defense. Furthermore, defendants failed to demonstrate that the plaintiff's conduct was the sole proximate cause of the accident. The court also held that the plaintiff being the sole witness does not preclude summary judgment if the testimony is consistent.

Summary JudgmentLabor Law § 240(1)Ladder AccidentPlaintiff LiabilityComparative NegligenceSole Proximate CauseWitness TestimonyAppellate ReviewIndustrial Code § 23-1.21
References
6
Case No. MISSING
Regular Panel Decision
Aug 02, 1984

Claim of Levitan v. American Society for Technicon

The case involves an appeal from a Workers' Compensation Board decision which awarded benefits to the claimant, the wife of the deceased executive vice-president of Technion University. The decedent suffered a fatal myocardial infarction on April 14, 1979, following acute symptoms on March 27-28, 1979, which he attributed to strenuous effort while working. The employer and its carrier appealed, contending that the decedent's statements were uncorroborated, the injury was not accidental under Workers' Compensation Law, and the Board improperly refused to reopen claims for further testimony. The court affirmed the Board's decision, ruling that the claimant's testimony sufficiently corroborated the decedent's statements, that the evidence supported the Board's finding of accidental injury due to strenuous effort, and that denying the reopening of claims was not an abuse of discretion given previous opportunities for evidence presentation. The court also found the uncontradicted expert medical report sufficient to establish causation.

Workers' Compensation BenefitsAccidental InjuryMyocardial InfarctionCardiac EventCorroboration of StatementsStrenuous EffortMedical CausationWorkers’ Compensation Law § 118Board ReviewReopening of Claims
References
6
Case No. MISSING
Regular Panel Decision

People v. Ackerson

In a felony driving while intoxicated trial, defendant Scott Ackerson moved to preclude the testimony of an emergency medical technician (EMT), Diane Wood, citing the physician-patient privilege under CPLR 4504(a). The court denied the motion, stating that evidentiary privileges, being in derogation of common law, must be strictly construed. The Legislature has not explicitly extended this privilege to EMTs, despite creating other specific privileges. The court found no evidence that the EMT acted as an agent for a physician. The opinion emphasized that an EMT's role is to stabilize patients, distinct from a physician's role of diagnosis and treatment, thus not falling within the purpose of the CPLR 4504 privilege.

PrivilegeEmergency Medical TechnicianEMTPhysician-Patient PrivilegeCPLR 4504Statutory InterpretationEvidentiary PrivilegeFelony DWITestimony PreclusionAgency
References
6
Case No. MISSING
Regular Panel Decision
Dec 23, 1987

People v. Wilens

The defendant appealed a conviction for first-degree sodomy and incest from Dutchess County. The appeal concerned the admissibility of a social worker's testimony regarding prior consistent statements made by the five-year-old victim. The defendant argued that the social worker's testimony improperly bolstered the victim's repudiated Grand Jury testimony, which the defense implied was fabricated under the Assistant District Attorney's influence. The appellate court affirmed the judgment, ruling that the social worker's testimony was properly admitted to rehabilitate the victim's testimony against claims of recent fabrication.

sodomyincestchild victimcross-examinationprior consistent statementsrecent fabricationrehabilitation of witnessappellate reviewadmissibility of evidencewitness testimony
References
2
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