CompFox Logo
AboutWorkflowFeaturesPricingCase LawInsights

Updated Daily

Case Law Database

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

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. MISSING
Regular Panel Decision

Maliqi v. 17 East 89th Street Tenants, Inc.

The court addresses motions in limine concerning the admissibility of evidence related to the plaintiff's immigration status, future lost wages, and medical expenses in a workplace injury case. The plaintiff, an undocumented political asylum seeker named Maliqi, was injured while working. The court ruled that while the plaintiff's immigration status is relevant for the jury to consider potential economic realities if he is deported, it cannot be used to argue that his status prohibits awards for future lost wages or medical expenses. Furthermore, the defendant is precluded from asserting that the plaintiff was working illegally at the time of the accident. The court also permitted expert testimony from an economist regarding future damages but denied the admission of testimony from the plaintiff's immigration counsel as an expert.

Workplace InjuryUndocumented WorkerPolitical AsylumImmigration StatusLost WagesMedical ExpensesEvidence AdmissibilityMotions in LimineExpert TestimonyEconomic Damages
References
13
Case No. MISSING
Regular Panel Decision

People v. Fratt

The defendant, charged with second-degree murder, provided notice of intent to present psychiatric evidence from Dr. Martha Rosen, a defense-retained psychologist, who would testify about dependent personality disorder and 'battered woman's syndrome.' The prosecution subsequently moved for an order compelling Dr. Rosen to prepare a report outlining her findings and evaluations, and for the discovery of her notes. The court granted the prosecution's motion, ruling that the defendant waived psychologist-patient privilege by placing her mental state at issue. The court further held that CPL 250.10, read in conjunction with CPLR 3101(d), requires the defense to provide a detailed notice of psychiatric evidence, including expert qualifications, examination details, relied-upon materials, diagnostic opinions, and the bases for those opinions. The court denied the motion for a pretrial hearing as premature.

Psychiatric EvidenceDiscoveryExpert TestimonyPsychologist-Patient PrivilegeWaiver of PrivilegeCriminal Procedure LawCivil Practice Law and RulesMental StateBattered Woman's SyndromeForensic Evaluation
References
14
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

Porcelli v. PMA Associates

Claimant sought workers' compensation death benefits for her husband's death from respiratory failure, alleging it was an occupational disease from toxic chemical exposure during his 30+ years as a printer. A WCLJ initially awarded benefits, but the Workers' Compensation Board later precluded the claimant's medical expert's report and testimony due to untimely filing under 12 NYCRR 300.2 (d) (12). This preclusion led the Board to find no established causal relationship, closing the case without benefits. The appellate court affirmed the Board's decision, finding adequate support for precluding the expert's evidence due to procedural non-compliance.

Workers' CompensationOccupational DiseaseDeath BenefitsMedical ExpertReport PreclusionTimely FilingProcedural RuleCausal RelationshipAppellate ReviewAdministrative Law
References
6
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. MISSING
Regular Panel Decision
Aug 08, 2013

Claim of Campione v. FMCS

Claimant sought workers' compensation benefits due to alleged neurological injuries from workplace pesticide exposure. The Workers' Compensation Law Judge denied the claim, a decision subsequently affirmed by the Workers' Compensation Board. On appeal, the court reviewed conflicting medical evidence. The employer's medical expert found no objective signs of injury, while claimant's experts' opinions relied heavily on subjective complaints. Deferring to the Board's evaluation of evidence and credibility, the court found substantial evidence to support the Board's determination and affirmed the decision.

Workers' CompensationPesticide ExposureNeurological InjuryMedical EvidenceIndependent Medical ExaminationSubjective ComplaintsSubstantial EvidenceAppellate ReviewCausally Related DisabilityBoard Decision
References
2
Case No. ADJ6692520
Regular
Jul 20, 2010

CRYSTAL VOS vs. STEVEN CHANG, DDS, ZENITH INSURANCE COMPANY

This case affirms a WCJ's decision finding the applicant sustained a 12% permanent disability. The applicant sought reconsideration, arguing the WCJ erred by limiting rebuttal evidence to "wage loss" rather than "loss of long-term earning capacity" and denying costs for a vocational expert. The Appeals Board, relying on precedent from *Ogilvie v. City and County of San Francisco*, held that the vocational expert's opinion was not substantial evidence to rebut the permanent disability rating. Therefore, the WCJ's denial of the vocational expert's costs was also affirmed.

Workers' Compensation Appeals BoardSupplemental Findings and Awardindustrial injurypermanent disabilityvocational expertwage lossloss of long-term earning capacitydiminished future earning capacity (DFEC)2005 Permanent Disability Rating ScheduleOgilvie v. City and County of San Francisco
References
4
Case No. MISSING
Regular Panel Decision
Nov 02, 1995

Claim of Connelly v. Connelly

The claimant appealed a Workers’ Compensation Board decision from November 2, 1995, which found no causal relationship between the decedent's death and his employment as a workers' compensation attorney. The 55-year-old decedent, who had a history of hypertension and obesity, died from an acute vascular event or stroke. Medical experts presented conflicting testimony regarding the cause of death, with claimant's experts attributing it to work-related stress and the carrier's expert to untreated health conditions. The court affirmed the Board's decision, ruling that the Board's resolution of conflicting medical evidence was supported by substantial evidence.

Workers' CompensationCausal RelationshipEmployment-related DeathStrokeHypertensionObesityMedical Expert TestimonySubstantial EvidenceAppellate ReviewBoard Decision
References
1
Showing 1-10 of 11,077 results

Ready to streamline your practice?

Apply these legal strategies instantly. CompFox helps you find decisions, analyze reports, and draft pleadings in minutes.

CompFox Logo

The AI standard for workers' compensation professionals. Faster research, deeper analysis, better outcomes.

Product

  • Platform
  • Workflow
  • Features
  • Pricing

Solutions

  • Defense Firms
  • Applicants' Attorneys
  • Insurance carriers
  • Medical Providers

Company

  • About
  • Insights
  • Case Law

Legal

  • Privacy
  • Terms
  • Trust
  • Cookies
  • Subscription

© 2026 CompFox Inc. All rights reserved.

Systems Operational