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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
Sep 20, 2010

People v. Lenihan

On July 8, 2010, Karon Lenihan was convicted of second-degree murder. Lenihan moved to set aside the verdict, arguing errors in precluding cross-examination on witnesses' alleged gang affiliation and allowing a rebuttal witness without proper notice. The court, presided over by Darrell L. Gavrin, J., denied the motion on September 20, 2010, upholding the jury's verdict. The judge found the gang affiliation argument lacked a good faith basis and was speculative. Furthermore, the court ruled that allowing the prosecution's rebuttal witness, Andrew Searfoss, regarding cell phone tower locations was a proper exercise of discretion, especially given a granted three-day adjournment, and did not violate due process.

Criminal ProcedureVerdict ChallengeEvidentiary RulingsWitness CredibilityPrejudiceConstitutional RightsConfrontation ClauseAlibi NoticeJudicial DiscretionHomicide
References
8
Case No. MISSING
Regular Panel Decision

Martinez v. RV Tool, Inc.

Alberto Martinez, a floor hand for Bates Well Service, sustained severe hand injuries in November 1983 due to a faulty safety clamp leased from RV Tool, Inc. He filed a third-party personal injury suit, but the jury found no negligence on the part of the defendant or the appellant, leading to a take-nothing judgment. Martinez appealed, contending that the trial court erred by disallowing evidence of a compromise settlement with Bates' compensation carrier to show bias, and by refusing to permit a rebuttal witness due to discovery rule non-compliance. The appellate court affirmed the trial court's judgment, concluding there was no error in excluding the settlement agreement or the rebuttal witness's testimony.

Personal InjuryThird-Party LiabilityNegligenceWorkers' CompensationEvidentiary RulesExpert WitnessDiscovery SanctionsAppellate ReviewJury FindingsCompromise Settlement
References
8
Case No. MISSING
Regular Panel Decision
Nov 23, 2005

CARTIER, DIV. OF RICHEMONT v. Bertone Group

In a trademark infringement case, defendants moved to disqualify plaintiffs' litigation counsel, Tal Benschar, Esq., from serving as a 30(b)(6) deposition witness, citing New York Disciplinary Rule 5-102 which addresses the advocate-witness rule. The Court denied the defendants' motion, allowing Mr. Benschar to testify. The Court acknowledged the potential for confusion and conflicting loyalties when a lawyer acts as both a witness and an advocate, but found these dangers less likely in the pre-trial context. It also considered that Mr. Benschar was in the best position to provide the requested information, having supervised the investigation. However, the Court deferred its ruling on whether Mr. Benschar’s testimony would disqualify him from subsequently serving as trial counsel, noting that another attorney would be primary trial counsel.

Trademark InfringementDiscoveryFed.R.Civ.P. 30(b)(6)Attorney DisqualificationAdvocate-Witness RuleEthical RulesDeposition TestimonyPre-Trial ProcedureNew York LawCounsel Representation
References
2
Case No. ADJ8414182
Regular
Feb 25, 2014

VICTOR LEDESMA, (VICTOR GOMEZ LEDESMA) vs. GROUP MANUFACTURING SERVICES, HANOVER INSURANCE GROUP

This case involves a workers' compensation claim for a left ankle and foot injury. The defendant sought reconsideration of the decision, arguing the applicant's testimony was less credible, the claim was barred as post-termination, exhibits were improperly admitted, and a defense witness was wrongly excluded. The Workers' Compensation Appeals Board denied the petition, adopting the judge's report. The judge found the applicant's testimony credible, noting inconsistencies and misrepresentations in the defendant's arguments and witness testimonies. Specifically, the judge determined the termination date was not a bar, the admission of exhibits was proper, and the exclusion of the unlisted rebuttal witness was warranted.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJ reportcredibility findingGarza v. Workmen's Comp. Appeals Bd.denial of reconsiderationoccupational injuryleft ankle and footdeburrerdenied claim
References
2
Case No. MISSING
Regular Panel Decision

In re Gale

In a child abuse proceeding, the respondent father is accused of abusing his 3.5-year-old daughter. The petitioner, Commissioner of Social Services, presented hearsay testimony and a child psychiatrist's validation. The nonrespondent mother, who possesses relevant testimony regarding the child's behavior and physical condition, was not called by the Commissioner, who aimed to reserve her as a rebuttal witness. The court, presided over by Jeffry H. Gallet, J., addressed whether it could *sua sponte* order the Commissioner to call a witness under their control. Citing public policy considerations in child protective proceedings to ensure all evidence is before the court and acknowledging the grave potential consequences of an incorrect finding, the court determined it has an affirmative duty to ensure a full and complete presentation of all evidence. Consequently, the court ordered the Commissioner to call the mother as a witness.

Child AbuseWitness TestimonyCourt's AuthorityJudicial DiscretionFamily Court ActPublic PolicyBest Interests of the ChildEvidentiary RulesTrial TacticsChild Protective Proceedings
References
13
Case No. MISSING
Regular Panel Decision
Aug 09, 2002

In Re the United States for Material Witness Warrant

This Opinion and Order addresses the Court's authority to investigate potential government misrepresentations in the case of Abdallah Higazy, a prospective grand jury witness. Higazy was detained as a material witness after a transceiver was allegedly found in his hotel room and he purportedly confessed during a polygraph test, both of which later proved false. The Court determined it lacked criminal contempt jurisdiction over the FBI agent's conduct but affirmed its inherent supervisory power to inquire into and publicize the truth of such misconduct. The Court ordered the Government to complete its internal investigation and report findings by October 31, 2002, while directing the unsealing of most case documents, subject to government-proposed redactions by August 9, 2002, to protect grand jury secrecy. The government's internal investigation reports were ordered to remain sealed.

Material WitnessGrand Jury InvestigationFBI MisconductFalse ConfessionJudicial Supervisory PowerCriminal ContemptUnsealing DocumentsGovernment MisrepresentationsPolygraph TestSeptember 11 Investigation
References
16
Case No. MISSING
Regular Panel Decision

National Surety Corp. v. Rushing

The defendant appealed a jury verdict granting the plaintiff workers' compensation for total and permanent disability. The primary contention was the trial court's admission of an expert chiropractor witness not timely disclosed in pretrial interrogatories, violating Tex.R.Civ.P. 168. The appellate court upheld the trial court's decision, finding no abuse of discretion given the court's offer of a recess to depose the witness, which the defendant declined, and the defendant's failure to show prejudice. The court also affirmed the trial court's ruling on an objection during cross-examination of the chiropractor, noting the defendant's failure to lay a proper predicate for the introduction of an authoritative treatise. The defendant's remaining points of error were found to be without merit.

Discovery RulesExpert Witness TestimonyInterrogatoriesRule 168 ViolationWorkers' CompensationChiropractic EvidenceAbuse of DiscretionAppellate ProcedurePrejudice RequirementEvidentiary Foundation
References
14
Case No. ADJ9782813
Regular
Feb 13, 2017

ELVINA BRYANT vs. STATE OF CALIFORNIA, DEPARTMENT OF CORRECTIONS AND REHABILITATION, STATE COMPENSATION INSURANCE FUND

The California Workers' Compensation Appeals Board granted reconsideration to address the Department of Corrections' due process claim. The Board vacated a prior award finding applicant sustained an industrial injury and remanded the case for further proceedings. This decision allows the defendant to present evidence that witness statements were timely provided despite their exclusion at trial. The defendant must also justify the late appearance of a rebuttal witness.

Workers' Compensation Appeals BoardDepartment of Corrections and Rehabilitationcorrectional officerindustrial injurypsychedue processwitness exclusiondiscoveryPre-Trial Conference StatementMandatory Settlement Conference
References
3
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
Sep 07, 2000

Claim of Maliszewska v. Dupuy

Claimant, a domestic employee, suffered massive injuries, including the amputation of her right leg, after being struck by an automobile in January 1996 while caring for her employers' child. She applied for workers' compensation benefits, which were awarded by the Workers’ Compensation Law Judge (WCLJ) and affirmed by the Workers’ Compensation Board. The employers appealed, contending that the Board's decision was based on an incomplete record, that it merely adopted the WCLJ's findings, and that the WCLJ abused discretion by precluding a rebuttal witness. The court found no merit in these contentions, noting that the Board had all pertinent information, properly resolved factual and credibility issues, and that the WCLJ's preclusion of the witness was not an abuse of discretion. The decision of the Workers' Compensation Board was affirmed.

Workers' Compensation BenefitsDomestic Employee InjuryAutomobile AccidentAmputation InjuryBoard Decision AppealIncomplete Record ArgumentWitness CredibilityEvidentiary RulingsJudicial DiscretionCompensable Injury Ruling
References
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