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Case Law Database

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. MISSING
Regular Panel Decision

Giles v. Gi Yi

The dissenting opinion by Justice Whalen challenges the majority's interpretation of 22 NYCRR 202.17, which mandates personal injury plaintiffs to secure an expert witness report on causation and provide it to the defense prior to the defendant's medical examination of the plaintiff. Whalen argues this requirement is an undue burden and is not explicitly outlined within the regulation's scope. The dissent emphasizes that 22 NYCRR 202.17 (b) (1) only requires disclosure of reports from 'medical providers who have previously treated or examined the party seeking recovery,' distinct from expert reports generated solely for litigation purposes. Furthermore, Justice Whalen asserts that expert disclosure is governed by CPLR 3101 (d), which does not necessitate such early disclosure, and finds that the Supreme Court's decision to compel was an abuse of discretion, concluding that Nero v Kendrick was wrongly decided.

Expert Witness DisclosureCausationMedical ExaminationPersonal InjuryCivil Procedure Law and Rules (CPLR)Uniform Civil Rules for the Supreme Court and County Court (22 NYCRR)Dissenting OpinionJudicial DiscretionPreclusionLitigation Expenses
References
2
Case No. MISSING
Regular Panel Decision
Nov 18, 1991

In re Lenny McN.

The Family Court in Bronx County issued an order on November 18, 1991, directing the disclosure of a social worker's entire casework file to an intervenor-respondent. This social worker was called as a witness by the law guardian for the infants. The appellate court unanimously reversed this order, finding the social worker's testimony regarding prior file use too equivocal to support a wholesale waiver of confidentiality and work product privileges. The court emphasized the protection against disclosure of mental impressions of a party's representative, classifying a social worker employed by a law guardian as such a representative. The case was remanded for a continuation of the dispositional hearing, with further discovery limited unless the law guardian seeks to elicit an adverse expert opinion from the social worker.

Family LawDisclosureConfidentiality PrivilegeWork Product ImmunitySocial Worker TestimonyChild CustodyFamily Court ProceedingDiscovery LimitationsAppellate ReviewWaiver of Privilege
References
2
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. ADJ7715497
Regular
Jan 17, 2015

SUDJAI SUKSAMRARN (Deceased) TUENJAI SUKSAMRARN (Widow) vs. BARRETT BUSINESS SERVICES, INC.

The Workers' Compensation Appeals Board granted the applicant's Petition for Removal, overturning an earlier decision that barred Edward Steinbrecher from testifying as an expert witness. The Appeals Board found that while Steinbrecher's prior representation of the applicant in a third-party action raised questions about his impartiality, this affected the weight of his testimony, not its admissibility. The judge erred by disallowing testimony solely because the expert was not deemed "disinterested," as this is not a legal requirement for expert qualification. Therefore, Steinbrecher is now permitted to testify as an expert witness.

Petition for RemovalExpert Witness TestimonyDisinterested WitnessAdmissibilityWeight of EvidenceThird Party CreditIndustrial InjuryDeath BenefitQualified ExpertPrior Representation
References
2
Case No. MISSING
Regular Panel Decision

Furlong v. Circle Line Statue of Liberty Ferry, Inc.

In this Jones Act case, plaintiff Michael Furlong, Jr. sought recovery for injuries to his right hand. The defendant, Circle Line Statue of Liberty Ferry, Inc., filed several motions. The court denied Circle Line's motion to call an expert economist due to untimely disclosure. It partially granted the motion to call a fact witness, but restricted his testimony. A motion to add medical records and witness testimony regarding Furlong's alleged drug use was mostly denied due to authenticity concerns, though conditional admission was allowed for damages assessment. Finally, Circle Line's motion for a third independent medical examination of Furlong was denied for lack of good cause.

Jones ActExpert WitnessDiscoveryMedical ExaminationPretrial OrderDrug TestDamagesFederal Rules of Civil ProcedureWitness TestimonyAuthenticity
References
2
Case No. MISSING
Regular Panel Decision

Yax v. Development Team, Inc.

The plaintiff appealed an order from the Supreme Court, Queens County, which denied his motion for summary judgment on the issue of liability concerning alleged violations of Labor Law § 240 (1) and § 241 (6). The appellate court affirmed the order. Regarding the Labor Law § 240 (1) claim, the defendant successfully raised a triable issue of fact, supported by Angelo Kambitsis's affidavit, suggesting the plaintiff might have been a recalcitrant worker. The Supreme Court's consideration of Kambitsis's affidavit was deemed a provident exercise of discretion, despite his non-disclosure as a witness, as the plaintiff had prior knowledge of his existence and the defendant offered an excuse for the oversight. For the Labor Law § 241 (6) claim, while the defendant's expert affidavit was inadmissible due to non-disclosure, Kambitsis's affidavit was still sufficient to create a triable issue of fact concerning the reasonableness and adequacy of the worksite conditions.

Personal InjuryLabor Law § 240(1)Labor Law § 241(6)Summary Judgment MotionAppellate AffirmanceRecalcitrant Worker DefenseDiscovery RulesExpert Testimony AdmissibilityAffidavit EvidenceProximate Cause
References
13
Case No. ADJ3533537 (VNO 0556925)
Regular
Apr 14, 2016

Richard Varela vs. Morley Group, National Union Fire Insurance Company of Pittsburgh, Pennsylvania

The Workers' Compensation Appeals Board affirmed an award of $2,737.50 for an expert witness's trial testimony, clarifying that such expenses are permissible costs under Labor Code section 5811. The Board held that the expert's testimony regarding the necessity of home health care services was relevant to the lien claimants' burden of proof, even though the primary injury claim was ultimately unsuccessful. This decision distinguishes between medical-legal expenses and trial witness costs, allowing for the latter when reasonably incurred for essential elements of a lien claim. The Board found the expert's testimony necessary for the lien claimants to establish all elements of their case.

Workers' Compensation Appeals BoardSupplemental Findings of Fact and OrderLabor Code section 5811lien claimantshome health care servicesexpert testimonytrial testimonyreasonableness and necessityinjury AOE/COEmedical-legal expenses
References
0
Case No. MISSING
Regular Panel Decision
Jul 18, 1989

Vermette v. Utica-Oswego Motor Express

The Workers' Compensation Board initially ruled that the claimant sustained a compensable injury and awarded workers' compensation benefits. This decision was appealed. The appellate court reviewed the Board's finding, which was supported by the testimony of the claimant’s expert medical witness. This expert concluded that the neurological damage to the claimant’s brain resulted from head trauma due to a fall and a subsequent craniotomy. Despite conflicting testimony from the employer’s workers’ compensation carrier’s expert medical witness, the Board resolved these conflicts. The appellate court affirmed the Board's decision, stating that its finding of a causally related disability was supported by substantial evidence.

Workers' CompensationCompensable InjuryHead TraumaCraniotomyNeurological DamageMedical TestimonyCausally Related DisabilitySubstantial EvidenceAppellate ReviewBoard Decision
References
3
Case No. MISSING
Regular Panel Decision

In re Evan Y.

The Family Court of Tioga County found a child, born in 1994, to be abused by his father (respondent) based on the child's out-of-court statements of being repeatedly fondled and exhibited troubling behaviors such as sexual acting out, nightmares, bed-wetting, and suicidal tendencies. Petitioner initiated this child abuse proceeding, and the respondent, who had a prior neglect adjudication, chose not to testify at the fact-finding hearing. Expert witnesses, clinical social workers Mary Bado and Sarah Walsh, provided corroborating testimony that the child's behaviors were consistent with sexual abuse. Family Court credited this expert testimony and found sufficient corroboration for the child's statements. The respondent appealed the finding of sexual abuse, but the appellate court affirmed the Family Court's order, noting the permissible inference against the non-testifying respondent and the ample corroborative evidence from the expert witnesses.

child abusesexual abuseFamily Court Act Article 10corroborationexpert testimonyout-of-court statementschild witnessesappellate reviewparental rightssexual acting out
References
9
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