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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. 21-mc-102
Regular Panel Decision

Socha v. 110 Church, LLC

Plaintiffs, Marek Soeha, Jerzy Muszkatel, Tadeusz Kowalewski, Wla-dyslaw Kwasnik, and Waldemar Ropel, sought to compel expert testimony from non-retained physicians associated with the Mt. Sinai World Trade Center Medical Monitoring Program and a Workers’ Compensation physician. These "Non-Retained Experts" possess unique knowledge regarding the effects of World Trade Center dust but were unwilling to provide data or serve as expert witnesses due to time constraints and concerns about compromising neutrality. District Judge Alvin K. Hellerstein denied the plaintiffs' motion to compel depositions and amended expert disclosures, finding a lack of "substantial need" as the information was not unique and comparable witnesses were available. However, acknowledging the unparalleled scope of the Mt. Sinai WTC Health Program's research, the court ordered Mt. Sinai to produce its data, with appropriate redactions, following an established protocol.

Expert Witness DepositionMotion to CompelFederal Rules of Civil Procedure 26Non-Retained ExpertsWorld Trade Center LitigationMedical Monitoring ProgramDiscovery DisputeSubpoena Expert WitnessCausation TestimonyData Disclosure Order
References
3
Case No. 2022 NY Slip Op 06114
Regular Panel Decision
Nov 02, 2022

Fernandez v. Taping Expert, Inc.

The plaintiff, Sandy Joel Fana Fernandez, appealed a judgment from the Supreme Court, Rockland County, which denied his motion to set aside a jury verdict. Fernandez was allegedly injured after falling from a scaffold while painting, claiming a Labor Law § 240 (1) violation against defendants Blima Ruchel Girls School and Keren Yad Veizer, Inc. The jury found the fall did not substantially cause his injuries, a finding supported by defense experts attributing injuries to degenerative causes. The Appellate Division, Second Department, affirmed the judgment, concluding that the verdict was a fair interpretation of the evidence.

Personal InjuryScaffold AccidentLabor LawJury VerdictAppellate ReviewCausationDegenerative InjuriesEvidence WeightMotion DenialProximate Cause
References
16
Case No. 2023 NY Slip Op 00958
Regular Panel Decision
Feb 21, 2023

Matter of Parking Expert, Inc. v. City of New York

The Appellate Division, First Department, confirmed a determination by the New York City Department of Finance (DOF) that Parking Expert, Inc. violated agency rules. Petitioners were found to have submitted approximately 70 fabricated documents with intent to deceive, leading to a three-year suspension from appearing before DOF's Parking Violations Bureau. The Court held that DOF's determination was supported by substantial evidence, given the extensive nature and similar manner of the fabricated submissions, which refuted petitioners' claims of isolated errors. Furthermore, the Court found the suspension period appropriate and not shocking to the conscience, rejecting arguments of retroactive rule application, improper cross-examination limits, or denial of due process. Consequently, the petition brought under CPLR article 78 was denied, and the proceeding dismissed.

Parking Violations BureauNew York City Department of FinanceDocument FabricationAdministrative SuspensionJudicial ReviewCPLR Article 78Substantial EvidenceIntent to DeceiveDue ProcessRetroactive Application
References
6
Case No. 2020 NY Slip Op 07002 [188 AD3d 1524]
Regular Panel Decision
Nov 25, 2020

Matter of Walczak v. Asplundh Tree Expert Co.

Claimant Marian Walczak, an arborist, appealed a Workers' Compensation Board decision that deemed his claim for occupational hearing loss untimely. Walczak worked for Asplundh Tree Expert Co. from 1998 to 2006 and filed his claim in 2017, listing the onset of hearing loss as December 27, 2006. The Board found the claim time-barred under Workers' Compensation Law § 28, asserting that Walczak knew or should have known of his hearing loss and its probable work-related cause by January 19, 2012, given his testimony and medical records. The Appellate Division affirmed, emphasizing that specialized medical knowledge is not required to trigger the 90-day limitations period under Workers' Compensation Law § 49-bb, and deference is given to the Board's findings of fact and credibility assessments.

Occupational Hearing LossTime-Barred ClaimWorkers' Compensation Law § 28Workers' Compensation Law § 49-bbStatute of LimitationsDate of DisablementKnowledge of DiseaseMedical Diagnosis Not RequiredAppellate ReviewWorkers' Compensation Board
References
2
Case No. MISSING
Regular Panel Decision

Schairer v. Schairer

The wife filed a motion to disqualify the law firm of Sari Friedman, P.C. from representing her husband in their ongoing divorce proceedings, citing a conflict of interest. This conflict stemmed from Ms. Friedman's prior representation of the court-appointed custody forensic expert in his own divorce case in 1995. The husband cross-moved to disqualify the same forensic expert, alleging potential bias against police officers and Ms. Friedman's previous representation of the expert. The court found a clear appearance of a conflict of interest, as Ms. Friedman could not effectively cross-examine her former client, the expert, without potentially using privileged confidential information. Consequently, the court granted the wife's motion to disqualify Sari Friedman, P.C. and denied the husband's cross-motion, determining that any claims of bias against the expert could be addressed during trial.

DivorceAttorney DisqualificationConflict of InterestForensic ExpertCustodySpousal DisputeProfessional EthicsConfidentialityLegal RepresentationJudicial Opinion
References
10
Case No. MISSING
Regular Panel Decision

People v. Gans

This court opinion addresses whether a certified social worker can be qualified as an expert witness to provide testimony regarding a defendant's mental capacity to proceed and future competency. The defense sought to qualify Hillel Bodek, a certified social worker specializing in forensic clinical social work, as an expert witness for these purposes. The court meticulously reviewed the qualifications of clinical social workers, acknowledging their critical role in the diagnosis of mental disorders, including their involvement in the development of the DSM III. Despite statutory provisions in CPL article 730 outlining who may serve as psychiatric examiners, the court emphasized that other appropriately trained and experienced experts can also offer testimony on competence. Ultimately, the court ruled in the affirmative, concluding that certified social workers with demonstrated training and supervised clinical experience in diagnosis and capacity assessment are qualified to provide expert testimony on these crucial issues.

Expert Witness QualificationCertified Social WorkerMental Capacity AssessmentCompetency to ProceedForensic Mental HealthDiagnostic AssessmentPrognostic StatementsCriminal Procedure Law Article 730DSM IIINon-Medical Expert Testimony
References
13
Case No. MISSING
Regular Panel Decision

Grady v. AHRC NYC New Projects, Inc.

Michael Grady and Judith Grady, plaintiffs in this action, sought damages for personal injuries Michael sustained in a work-related accident. Fourth-party defendant Nead Electric moved to vacate the plaintiffs' note of issue and certificate of readiness for trial, seeking further discovery and a vocational rehabilitation examination. Nead argued that the plaintiff's late expert disclosure, quantifying economic losses at $1.5 million, constituted unusual circumstances justifying additional pretrial proceedings. Defendant/third-party plaintiff AHRC NYC New Projects, Inc. supported Nead's motion. The plaintiffs opposed, citing untimeliness and potential prejudice. The court granted Nead's motion, finding the late expert disclosure of economic damages to be unusual and unanticipated circumstances. The court ordered the plaintiff to comply with discovery and undergo a vocational rehabilitation examination.

Discovery disputeNote of issueCertificate of readinessVocational rehabilitationExpert disclosureEconomic lossPersonal injuryWork-related accidentCPLR 3101Vacate note of issue
References
7
Case No. MISSING
Regular Panel Decision

Hyde v. North River Insurance

This case examines whether an insurance carrier, having paid no-fault benefits, can assert a lien against a judgment recovered by its insured for pain, suffering, and future economic loss. The plaintiff, an injured insured, received $50,000 in no-fault benefits from North River Insurance Company. In a subsequent tort action against the County of Rensselaer, the plaintiff secured a $1,000,000 verdict. The insurance company filed a lien against this judgment. The Special Term and appellate courts affirmed that the lien was invalid because the jury's verdict explicitly excluded basic economic loss, thereby preventing a double recovery. The decision clarifies that liens are only enforceable against recoveries that duplicate previously paid basic economic losses.

No-Fault BenefitsInsurance LienSummary Judgment AppealPersonal Injury CompensationBasic Economic LossNon-Economic LossPain and Suffering DamagesDouble Recovery PreventionStatutory LienAutomobile Accident
References
12
Case No. MISSING
Regular Panel Decision

Normile v. Allstate Insurance

Chief Judge Cooke's dissenting opinion critiques the majority's interpretation of Insurance Law section 671 (subd 2, par [b]) regarding how collateral source payments affect an insurer's aggregate $50,000 liability for basic economic loss. The dissent argues that the majority's method, which allows insurers to reduce their total liability by these payments, leads to an incomplete recovery for injured parties, particularly when total losses exceed $50,000. Cooke proposes an alternative allocation where collateral source payments are first applied to cover losses beyond the $50,000 basic economic loss threshold. This approach, he contends, ensures that insurers pay the full $50,000 in first-party benefits and only take credit for collateral sources that would otherwise result in a double recovery within the basic economic loss limit, or for amounts exceeding the $50,000 threshold. The dissenting judge asserts that the Legislature did not intend to create such an inequity, where injured individuals are left with less than full compensation while insurers avoid their primary obligation.

Insurance Law InterpretationBasic Economic LossCollateral Source PaymentsNo-Fault InsuranceWorkers' Compensation BenefitsSocial Security Disability BenefitsDissenting OpinionAggregate LiabilityFirst-Party BenefitsDouble Recovery
References
2
Case No. MISSING
Regular Panel Decision
Mar 08, 1995

Morales v. Morales

In a divorce action, the husband appealed portions of a judgment concerning child support, private parochial school tuition, division of a savings/security plan, pension plan, and the valuation of the wife’s practical nurse license. The appellate court modified the judgment regarding the private school tuition, directing the husband to pay 68% instead of the full amount. Crucially, the court also modified the valuation of the wife’s nursing license, rejecting the wife's expert's flawed methodology and adopting the husband's expert's valuation of $98,000 in enhanced earning capacity, crediting the husband with a $9,800 share. The court found the wife's expert's valuation speculative and not founded in economic reality. The judgment, as modified, was affirmed.

Equitable DistributionMarital PropertyEnhanced Earning CapacityProfessional License ValuationChild SupportPrivate School TuitionAppellate ReviewExpert TestimonyValuation MethodologyDivorce Law
References
7
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