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

Case No. MISSING
Regular Panel Decision
Jun 10, 2010

United States v. Batista

Luis Batista, a former NYPD detective, was found guilty of conspiracy to distribute narcotics, bank fraud, and obstruction of justice. This opinion and order details the court's reasoning for his sentencing. The court denied Batista's request for a mitigating role reduction, finding his contributions to the narcotics conspiracy substantial and unique. It also applied a two-point enhancement for obstruction of justice due to materially false statements made to the court and perjury during trial. Furthermore, a two-point enhancement for possession of a firearm in furtherance of the narcotics conspiracy was warranted, as it was reasonably foreseeable given Batista's background and the nature of the large-scale operation. Consequently, Batista was sentenced to 180 months imprisonment and supervised release.

Sentencing GuidelinesPerjuryObstruction of JusticeFirearm EnhancementNarcotics ConspiracyBank FraudMitigating Role AdjustmentPolice DetectiveWiretap EvidencePresentence Report
References
42
Case No. MISSING
Regular Panel Decision

In re Westchester County Medical Center

The dissenting opinion by Justice Brown argues against the majority's presumed decision to discontinue artificial feeding for Mary O’Connor. He contends that there is insufficient "clear and convincing" evidence that O'Connor, while competent, clearly desired to refuse intravenous and nasogastric feeding under her current circumstances. Brown points to the ambiguity in her past statements to a friend and daughters, along with the daughters' initial failure to object to intravenous feeding, as indicators that O'Connor's wishes were not unequivocally expressed regarding these specific life support measures. Citing legal precedents, Justice Brown emphasizes the high evidentiary standard required for such decisions. Consequently, he would reverse the judgment, grant the Medical Center's petition to insert a nasogastric feeding tube, and deny the application to discontinue intravenous feeding.

Right to refuse medical treatmentLife support systemsArtificial hydration and nourishmentClear and convincing evidencePatient autonomyIncompetent patientDissenting opinionMedical ethicsEnd-of-life careNasogastric feeding tube
References
7
Case No. ADJ444109
Regular
Sep 17, 2013

MICAELA HERRERA vs. EL TORO TORTILLERIA, ENDURANCE INSURANCE COMPANY

The Workers' Compensation Appeals Board denied a lien claimant's petition for reconsideration, affirming the judge's order that the lien claimant receive nothing. The Board found the lien claimant failed to prove the applicant sustained an industrial injury AOE/COE, as a Compromise and Release does not automatically stipulate to this. Even if injury AOE/COE were proven, the Board noted the treatment provided, including narcotics and "medical foods," was inconsistent with the QME's recommendation for non-narcotic pain medication. The lien claimant also failed to provide evidence of requested authorization for the disputed treatment.

Workers' Compensation Appeals BoardPetition for ReconsiderationLien ClaimantFindings of Fact and Orderreasonably necessary treatmentindustrial injuryAOE/COEpreponderance of the evidenceCompromise and ReleaseQualified Medical Examiner (QME)
References
5
Case No. MISSING
Regular Panel Decision

Claim of Elmer v. Marocchi Trucking Co.

In 1997, a claimant sustained injuries while working as a truck driver for Marocchi Trucking Company, Inc., leading to workers' compensation awards for physical injuries, depression, and narcotic addiction. The workers’ compensation carrier alleged a violation of Workers’ Compensation Law § 114-a, presenting video surveillance that contradicted the claimant's asserted limitations, such as being wheelchair-bound. A Workers’ Compensation Law Judge and subsequently a panel of the Workers’ Compensation Board found no violation, crediting the claimant's explanations regarding heavy narcotic use and physicians' assumptions. On appeal, the court affirmed the Board's decision, concluding that it was supported by substantial evidence and that resolving conflicting evidence was within the Board's province.

Workers' CompensationFraud AllegationSection 114-aSubstantial EvidenceMedical TestimonyVideo SurveillanceCredibilityNarcotic AddictionAppellate ReviewAffirmed Decision
References
3
Case No. MISSING
Regular Panel Decision

Mishk v. Destefano

Gerald Mishk, a member of the City of Middletown Police Department, initiated an action against the City and several officials under 42 U.S.C. §§ 1988 and 1985, claiming his First Amendment rights were violated through retaliation for his speech. The alleged retaliatory actions stemmed from his recommendation against hiring an individual, his advocacy for forming a Narcotics Unit, and his statements during a promotion interview. The defendants moved for summary judgment, asserting qualified immunity for individual defendants. The District Court granted the defendants' motion, concluding that Mishk's interview statements and hiring recommendation did not pertain to matters of public concern. Furthermore, the court found insufficient evidence to establish that his advocacy for a Narcotics Unit led to any adverse employment action, nor did his unit transfer or denial of promotion constitute actionable retaliation.

First AmendmentRetaliation ClaimSummary JudgmentPublic Concern DoctrineGovernment Employee SpeechPolice DepartmentEmployment Law42 U.S.C. Section 198342 U.S.C. Section 1985Qualified Immunity
References
42
Case No. MISSING
Regular Panel Decision

People v. Diaz

This opinion addresses whether narcotics found on the outside sill of a broken kitchen window are considered "in open view in a room" under Penal Law § 220.25(2), concerning the room presumption for criminal possession of a controlled substance. During a search warrant execution, police found cocaine on a kitchen table and a plastic bag of cocaine on the outside windowsill. The prosecution sought to include the windowsill narcotics under the "room presumption" to elevate the criminal charge against the defendants. The court strictly construed the phrase "in open view in a room," concluding that an object on an outside windowsill, hidden from ordinary sight and outside the room's normal perimeters, does not meet this definition. The court denied the People's request, distinguishing this interpretation from the more liberal construction of "in close proximity" in the same statute, citing no public policy justification for an expansive reading in this context.

Criminal Possession of Controlled SubstanceRoom PresumptionOpen View DoctrineStatutory InterpretationNarcotics TraffickingDrug ParaphernaliaSearch Warrant ExecutionEvidence AdmissibilityClose ProximityLegislative Intent
References
7
Case No. ADJ6933293
Regular
Aug 05, 2015

Norma Salazar vs. Fresno County In-Home Support Services, York Insurance Service Group

The Workers' Compensation Appeals Board (WCAB) granted the applicant's request for an additional Qualified Medical Evaluator (QME) in pain management after reconsideration. The WCAB found good cause due to concerns raised by prior medical evaluators regarding the applicant's significant pain issues, extensive narcotic use, and the need for ongoing pain management strategies. Although the initial petition was procedurally flawed, the WCAB elected to address the merits and reversed the WCJ's denial.

Workers' Compensation Appeals BoardNorma SalazarFresno County In-Home Support ServicesYork Insurance Service GroupPetition for ReconsiderationQualified Medical EvaluatorPain ManagementLumbar Spine InjuryPsyche InjurySleep Disturbance
References
2
Case No. MISSING
Regular Panel Decision

Claim of Eaton v. Dellapenna Associates

The court affirmed the Board's decision, which found the claimant totally disabled based on the credible testimony of the treating physician, Kevin Hastings. Hastings testified to the claimant's marked physical restrictions and chronic pain controlled by narcotics, making him unemployable even in sedentary positions. The court deferred to the Board's resolution of conflicting medical evidence and witness credibility, dismissing the carrier's arguments that other medical proof suggested only a permanent partial disability. The Board's findings were supported by substantial evidence.

Deference to BoardMedical EvidenceWitness CredibilityPermanent DisabilitySedentary EmploymentChronic PainNarcotic MedicationsSubstantial EvidenceTreating Physician TestimonyWorkers' Compensation Law
References
7
Case No. MISSING
Regular Panel Decision

Gedon v. University Medical Residents Services, P. C.

The claimant appealed a decision by the Workers’ Compensation Board denying death benefits for her deceased husband, an anesthesiology resident who died from a sufentanil overdose. The Board had ruled that his death did not arise out of and in the course of his employment. The claimant argued that the decedent's addiction was work-related due to job stress and access to narcotic drugs. However, the court affirmed the Board’s decision, finding no substantial medical evidence to specifically link the decedent's drug addiction and subsequent death to the conditions of his employment. The court noted the lack of a clear diagnosis and treating physician testimony to support the claim.

Workers' CompensationDeath BenefitsSubstance AbuseAnesthesiologyOccupational DiseaseMedical ResidencyCausationEmployment-Related InjuryDrug OverdoseAppellate Review
References
7
Case No. MISSING
Regular Panel Decision

People v. Lucarelli

A police officer was indicted for official misconduct and hindering prosecution after allegedly warning a suspect's mother about an ongoing narcotics investigation targeting her son. The court dismissed the official misconduct charge, reasoning that warning a suspect's mother was not an official function of a police officer, and thus not an unauthorized exercise of an official function as required by statute. The hindering prosecution charge was also dismissed due to legally insufficient evidence that the suspect had committed a felony, as the purchaser's testimony about buying 'ecstasy' was conclusory and lacked sufficient foundation. Consequently, the defendant's motion to dismiss the entire indictment was granted.

Official MisconductHindering ProsecutionPolice OfficerGrand Jury IndictmentLegal Sufficiency of EvidenceControlled Substance IdentificationFelonyDismissal of IndictmentCriminal AssistanceUnauthorized Exercise of Official Functions
References
15
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