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Case No. ADJ8336436

Regular

Mar 25, 2016

CARMEN NAVARRO vs. VENICE COMMUNITY HOUSING CORPORATION, ATHENS ADMINISTRATORS

Here's a summary for a lawyer: The Workers' Compensation Appeals Board (WCAB) denied Carmen Navarro's petition for reconsideration. Navarro sought to establish her right knee injury as a compensable consequence of a prior admitted left knee injury. The WCJ's report, adopted by the WCAB, found the right knee injury to be non-industrial. Medical evidence, particularly from QME Dr. Williamson, indicated the right knee pain arose independently in August 2013, distinct from the earlier left knee injury and treatment period. The Board specifically rejected any consideration of "rashly undertaken" activity as irrelevant to the legal analysis.

WCABPetition for ReconsiderationWorkers' Compensation Appeals BoardVenice Community Housing CorporationAthens AdministratorsADJ8336436Los Angeles District OfficeWCJcompensable consequenceleft knee injury

References

Case No. MISSING

Regular Panel Decision

In re Cody P.

This appeal concerns an order from the Family Court of Tompkins County adjudicating respondent's child, Cody P., as neglected. The respondent abandoned her 20-month-old son with a barely known individual for an extended period, leading to the child being found unkempt and with a diaper rash. Despite efforts, respondent failed to address the situation for two weeks, even admitting to being addicted to crack and unable to care for Cody. The appellate court affirmed the finding of neglect, citing the imminent danger posed by respondent's actions and her failure to provide proper care. However, the court reversed and remitted the decision to transfer custody to the child's father, requiring an evidentiary hearing to properly evaluate the child's best interests given both parents' histories.

child neglectparental abandonmentFamily Court Actcustody disputebest interest of the childevidentiary hearingappellate proceduredue processjudicial reviewparental responsibility

References

Case No. MISSING

Regular Panel Decision

Fraser v. 301-52 Townhouse Corp.

Plaintiffs, former residents of a cooperative apartment building owned by 301-52 Townhouse Corp., sought damages for personal injuries, including respiratory problems, rash, and fatigue, allegedly caused by dampness and mold. The defendants moved for summary judgment and preclusion of expert evidence. A Frye hearing was held to assess the general acceptance of plaintiffs' causation theory. The motion court granted the defendants' motion, precluding expert evidence and dismissing the personal injury claims, a decision that was upheld upon reargument and renewal. The appellate court affirmed, stating that association does not equate to causation and that plaintiffs failed to establish the general acceptance of their theory, specific causation, or reliable measurements of mold levels. The court also found good cause for the defendants' delayed motion for summary judgment.

Frye HearingExpert EvidenceCausationMold ExposureDampnessPersonal Injury ClaimSummary Judgment AffirmedScientific ReliabilityMedical Literature ReviewDifferential Diagnosis

References

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CARMEN NAVARRO vs. VENICE COMMUNITY HOUSING CORPORATION, ATHENS ADMINISTRATORS

In re Cody P.

child neglectparental abandonmentFamily Court Actcustody disputebest interest of the childevidentiary hearingappellate proceduredue processjudicial reviewparental responsibility

Fraser v. 301-52 Townhouse Corp.

Frye HearingExpert EvidenceCausationMold ExposureDampnessPersonal Injury ClaimSummary Judgment AffirmedScientific ReliabilityMedical Literature ReviewDifferential Diagnosis