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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
Dec 01, 2010

Commissioner of Social Services v. Dimarcus C.

The Family Court in New York County denied the appellant's motion for genetic testing and affirmed an order of filiation declaring the appellant to be the father of the subject child. The court found it was in the child's best interest to estop the respondent from denying paternity, as the respondent had consistently presented himself as the father to family, friends, and the child, providing support and care. Additionally, the 12-year-old child believed the respondent was his father. The court was not required to identify the biological father, having already dismissed a petition against another individual who was excluded by DNA testing, and a father-son relationship existed between the child and the respondent.

Paternity DisputeFiliation OrderEquitable EstoppelChild WelfareParental RightsGenetic Testing DenialAppellate ReviewFamily Court DecisionBest Interest of ChildImplied Paternity
References
1
Case No. MISSING
Regular Panel Decision

Claim of McDonald v. Danforth

Claimant, a heavy construction worker, sustained a hand burn in August 1996, which led to the development of psoriasis affecting multiple body parts. His treating dermatologist determined the psoriasis was causally related to his employment due to aggravation from heavy tools and work. The employer contested this, but their expert's report, while noting genetic predisposition, conceded the possibility of work-related aggravation and onset after the burn. The Workers’ Compensation Board affirmed the finding of causal relationship and denied the employer's request for an adjournment for expert testimony. The appellate court affirmed the Board's decision, citing the presumption in favor of claimant's medical reports and finding no prejudice to the employer. The court also clarified that aggravation of a non-occupational condition can lead to benefits if a distinctive employment feature causes a new disability.

Workers' CompensationPsoriasisCausal RelationshipAggravation of Pre-existing ConditionMedical EvidenceAdjournment DenialExpert TestimonyWorkers' Compensation LawOccupational DiseaseAppellate Review
References
10
Case No. ADJ8701916
Regular
Jan 30, 2015

CHRISTOPHER RICE vs. CITY OF JACKSON, Permissibly Self-Insured, Adjusted by YORK SERVICES GROUP, INC.

The Workers' Compensation Appeals Board granted reconsideration to review the administrative law judge's apportionment of the applicant's permanent disability. The applicant, a police officer injured on the job, argued that the Qualified Medical Evaluator's apportionment to genetic factors was not supported by substantial evidence. The Board agreed, finding that apportionment to immutable genetic factors was impermissible and that the QME's opinion lacked sufficient reasoning on the specific causation of the disability. Consequently, the Board amended the decision to defer the issue of permanent disability and returned the matter for an unapportioned award.

Workers' Compensation Appeals BoardChristopher RiceCity of JacksonYork Services GroupCumulative traumaNeck injuryPolice officerPermanent disabilityApportionmentPanel Qualified Medical Evaluator (QME)
References
0
Case No. 2019 NY Slip Op 04798
Regular Panel Decision
Jun 13, 2019

Matter of Mario WW. v. Kristin XX.

Mario WW. commenced a paternity proceeding seeking to be adjudicated the father of a child born to Kristin XX., who was married to Brad XX. The Family Court initially dismissed the petition, and the Appellate Division remitted for a determination on the child's best interests regarding genetic testing. Upon remittal, the Family Court again dismissed the petition, applying the presumption of legitimacy and equitable estoppel, finding that genetic testing was not in the child's best interests. The Appellate Division affirmed this decision, emphasizing the child's best interests, the stable family dynamic, and the presumption of legitimacy. The court also upheld a stay-away order of protection against Mario WW. due to his hostile behavior towards the respondents.

Paternity DisputeGenetic TestingBest Interests of ChildPresumption of LegitimacyEquitable EstoppelFamily Court Act Article 5Appellate DivisionOrder of ProtectionChild CustodyMarital Presumption
References
19
Case No. ADJ1337074 (GRO 0034564) ADJ1286218 (GRO 0034565)
Regular
Jun 24, 2009

Dave Gerletti vs. SANTA MARIA AIRPORT DISTRICT, GREGORY BRAGG STOCKTON

The Workers' Compensation Appeals Board denied Dave Gerletti's petition for reconsideration of an award for a cumulative trauma injury to his cervical spine and lungs. The original award found 35% permanent disability, apportioning 50% of the cervical spine disability to non-industrial factors based on a Qualified Medical Evaluator's opinion of degenerative changes. The majority affirmed the WCJ's reliance on this opinion, finding it adequately explained. A dissenting opinion argued the QME's apportionment was speculative and improperly based on age and genetics, recommending an unapportioned award for the cervical spine injury.

Workers' Compensation Appeals Boardcumulative traumacervical spinelungspermanent disabilityapportionmentQualified Medical EvaluatorAgreed Medical Examinerarthritic degenerationnon-industrial factors
References
1
Case No. MISSING
Regular Panel Decision

Claim of Connolly v. Hubert's Service, Inc.

Claimant sought workers' compensation death benefits for her husband, an automobile mechanic, citing occupational asbestos exposure as the cause of his lung cancer and subsequent death. The Workers' Compensation Board denied the claim, finding no credible medical evidence of significant occupational asbestos exposure. The employer and carriers' medical expert attributed the lung cancer to the decedent's long-standing smoking history and family predisposition, concluding employment did not contribute to his death. Despite conflicting medical opinions presented by the claimant, the Appellate Division affirmed the Board's decision, ruling that substantial evidence supported the Board's findings.

Workers' CompensationLung CancerAsbestos ExposureOccupational DiseaseCausationMedical EvidenceSmoking HistoryAppellate ReviewBoard DecisionDeath Benefits
References
2
Case No. MISSING
Regular Panel Decision

People v. Mercado

The defendant appealed a judgment from the County Court of Washington County, convicting them of multiple counts of sodomy in the first degree and endangering the welfare of a child. The charges stemmed from allegations made by the defendant's stepchildren. The appellate court found that while the verdict was not against the weight of the evidence, the defendant was deprived of a fair trial due to the improper admission of expert testimony from a social worker. This testimony impermissibly compared the children's behavior to general characteristics of sexual abuse victims. Additionally, evidence concerning the 'sexual climate' of the household was deemed inadmissible as it sought to prove the defendant's predisposition to commit the crimes. Consequently, the judgment was reversed, and the matter was remitted for a new trial.

Sodomy First DegreeEndangering Welfare of a ChildAppellate ReviewExpert Witness TestimonyAdmissibility of EvidenceRape Trauma SyndromeAbused Child SyndromePropensity EvidencePrejudicial ErrorFair Trial
References
8
Case No. MISSING
Regular Panel Decision

Commissioner of Social Services ex rel. Edith S. v. Victor C.

This case addresses a respondent's challenge to a paternity hearing, specifically an objection regarding a Support Magistrate's authority to determine estoppel issues. The court found the respondent's procedural objection unavailing, noting that the Support Magistrate correctly referred the equitable estoppel matter to a Family Court Judge as per Family Ct Act § 439 (b). Evidence presented established a familial relationship between the 13-year-old child and the respondent, with the child considering him her father and a social worker testifying about the emotional harm genetic testing would cause. Consequently, the Family Court properly concluded that the respondent is estopped from denying paternity based on the child's best interests.

PaternityEquitable EstoppelBest Interests of the ChildFamily Court ActSupport MagistrateGenetic TestingFamilial RelationshipPanel DecisionJudicial ReferralChild Welfare
References
3
Case No. MISSING
Regular Panel Decision

People v. Burdo

The defendant appealed a judgment from Clinton County Court convicting them of murder in the second degree, kidnapping in the first degree, and two counts of robbery in the first degree. The appeal raised two primary issues: audio-visual coverage of the defendant's arraignment, which violated Judiciary Law § 218, and the denial of challenges for cause during jury selection. The court found that while the arraignment coverage was a statutory violation, it did not warrant reversal per se as the claims of jury taint were unsubstantiated. However, the Appellate Division determined that the trial court erred in denying challenges for cause for two prospective jurors who failed to unequivocally state their ability to be impartial, despite expressing predispositions. As the defendant exhausted their peremptory challenges, this error mandated a new trial.

Criminal LawAppellate ProcedureJury SelectionChallenges for CauseVoir DireJudiciary LawAudio-Visual CoverageArraignmentFair TrialImpartial Jury
References
28
Case No. MISSING
Regular Panel Decision

Claim of Sullivan v. Sysco Corp.

Claimant, a truck driver with supraventricular tachycardia (SVT), appealed a Workers' Compensation Board decision denying benefits after January 24, 1990, arguing his disability was not continuous. The Board had found his SVT-related disability work-related for specific prior periods but deemed him not disabled when attacks subsided, citing his predisposition. The Appellate Court reversed this, finding the Board's conclusion illogical and unsupported by substantial evidence. All three medical experts, including the carrier's, testified that claimant's SVT was a chronic, ongoing condition exacerbated by heavy lifting required for his work, rendering him continuously disabled despite episodic attacks. The court highlighted the Board's inability to fashion its own medical opinion against uncontroverted expert testimony, thus remitting the case for further proceedings.

Workers' CompensationSVTSupraventricular TachycardiaChronic ConditionDisability BenefitsMedical Expert TestimonyCausationWork-Related InjuryHeavy LiftingTruck Driver
References
3
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