CompFox Logo
AboutWorkflowFeaturesPricingCase LawInsights

Updated Daily

Case Law Database

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

Case No. 2016 NY Slip Op 02654
Regular Panel Decision
Apr 06, 2016

Matter of Dayannie I. M. (Roger I. M.)

The Appellate Division, Second Department, affirmed a Family Court order which found Roger I.M. abused and neglected his daughter, Eyllen I.M., and derivatively abused his other children: Dayannie I.M., Hillary I.M., Keyri I.M., and Jackzenny I.M. The court found that the Suffolk County Department of Social Services presented sufficient evidence, including Eyllen's consistent out-of-court statements, expert testimony, and Roger I.M.'s written confession of sexual abuse. The Appellate Division upheld the Family Court's credibility assessment, rejecting the appellant's and the children's mother's disputes. The court also affirmed the derivative abuse findings for the other children, noting that a child's recantation does not necessarily invalidate prior abuse allegations, especially when pressured or if there is expert testimony indicating a false recantation.

Child AbuseChild NeglectFamily LawAppellate ReviewSexual AbuseCredibilityRecantationExpert TestimonyParental RightsSuffolk County Family Court
References
26
Case No. MISSING
Regular Panel Decision

In re S. Children

This child protective proceeding was initiated by The Society for Prevention of Cruelty to Children against a father accused of sexually abusing his young son, Scott, in the presence of his older son, Jonathan. When Jonathan, an alleged eyewitness, became reluctant to testify in his father's presence, the petitioner requested his testimony be taken in camera. The court denied this application, citing the respondent's due process right to confront witnesses and finding insufficient evidence of a pathological impact on the child. The court emphasized the absence of statutory provisions for in camera testimony in such cases and suggested legislative consideration for future procedures to balance child protection with parental rights.

Child Protective ProceedingIn Camera TestimonyDue Process RightsRight to ConfrontationChild WitnessSexual Abuse AllegationsFamily Court ActWitness ReluctanceBalancing of InterestsExclusion of Respondent
References
6
Case No. MISSING
Regular Panel Decision

Kurz v. St. Francis Hospital

The defendants moved to preclude plaintiffs' expert testimony on causation or, alternatively, for a pretrial hearing regarding the plaintiff's vision loss. The plaintiff developed visual disturbances shortly after receiving Amiodarone intravenously following cardiac bypass surgery in 2008. Defendants argued a lack of scientific evidence linking short-term Amiodarone use to optic neuropathy, while the plaintiff's expert contended that rapid drug absorption could cause optic disc edema, a known side effect. Furthermore, the plaintiff highlighted medical records where defendant physicians themselves initially attributed the vision loss to the medication. The court, applying the Frye standard, determined that general causation—Amiodarone causing vision loss—is an established medical theory. It further ruled that the specific causation tests from Parker and Cornell, typically applied to toxic tort cases, were not strictly applicable here due to the distinct nature of medical malpractice. Consequently, the court denied the defendants' motion, finding an adequate foundation for the admissibility of the plaintiff's expert testimony, with any disputes regarding specific timing affecting only the weight of the evidence, not its admissibility.

Medical MalpracticeExpert TestimonyCausationAmiodaroneOptic NeuropathyVision LossMotion in LimineFrye StandardParker StandardCornell Standard
References
9
Case No. ADJ8075448
Regular
Oct 10, 2017

ALEX ROBLES vs. SOUTHERN CALIFORNIA GAS COMPANY, UTILITY WORKERS UNION OF AMERICA, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a trial judge's award in favor of applicant Alex Robles against Southern California Gas Company (SCGC). SCGC sought reconsideration, asserting that crucial testimony was omitted from the trial record. The WCAB ordered transcription of all trial testimony to ensure a full and fair adjudication of SCGC's petition. This action was necessary to allow the Board further study of the factual and legal issues involved.

Petition for ReconsiderationFindings and AwardAOE/COEGoing and Coming RuleMinutes of HearingSummary of EvidenceTrial TestimonyWCAB Rule 10740Transcript TranscriptionElectronic Adjudication Management System
References
2
Case No. MISSING
Regular Panel Decision

Claim of Washington v. Montefiore Hospital

Claimant, a mechanical engineer, sustained a work-related injury and received initial workers' compensation benefits. The employer later contested further disability, leading to a Workers' Compensation Law Judge (WCLJ) order for medical expert depositions, including one from the employer's expert, Robert Orlandi. Claimant's counsel objected to Orlandi's telephone deposition but failed to formally challenge the notice or raise a specific objection to the oath administration during the deposition. Orlandi's testimony, taken via telephone with the court reporter in New York and Orlandi in Connecticut, concluded that the claimant was no longer disabled. Both the WCLJ and the Workers' Compensation Board credited Orlandi's testimony, finding the claimant waived objections to the deposition's procedural irregularities. The Appellate Division affirmed the Board's decision, ruling that the claimant's failure to make a timely and specific objection to the oath's administration during the deposition constituted a waiver, thus allowing the Board to properly rely on Orlandi's evidence.

Workers' CompensationMedical TestimonyDeposition ProcedureWaiver of ObjectionCPLROath AdministrationDisability AssessmentAppellate ReviewExpert WitnessProcedural Irregularities
References
2
Case No. MISSING
Regular Panel Decision

Claim of Morelli v. Tops Markets

Claimant, having sustained work-related injuries in 2007 and receiving benefits, was questioned by a Workers' Compensation Law Judge (WCLJ) regarding work activities at a 2011 hearing. Immediately after, the employer and its carrier sought to introduce surveillance video and investigator testimony, alleging a violation of Workers' Compensation Law § 114-a. The WCLJ denied this request and precluded the evidence, ruling that the carrier failed to disclose the surveillance prior to the claimant's testimony. The Workers' Compensation Board affirmed this decision, reiterating the established requirement for timely disclosure of surveillance materials to prevent 'gamesmanship.' The appellate court subsequently affirmed the Board's decision, finding no arbitrary or capricious action, as the carrier had an opportunity to disclose the evidence before prompting the WCLJ's questioning and before the claimant testified.

Workers' Compensation LawSurveillance EvidenceDisclosure ObligationPreclusion of EvidenceAppellate ReviewEvidence AdmissibilityClaimant TestimonyEmployer ResponsibilitiesCarrier ResponsibilitiesBoard Decision
References
11
Case No. MISSING
Regular Panel Decision
Jan 24, 2006

In re Frantrae W.

The Family Court in New York County found the respondent father neglected and abused his children, specifically the older daughter, through sexual intercourse in 2003 and 2004, and by inflicting excessive corporal punishment. The court's credibility determinations were upheld despite sharply divergent testimony. The older daughter's testimony was corroborated by a social worker and the respondent stepmother, and her subsequent recantation was not deemed to invalidate her original statements. The appellate court unanimously affirmed the Family Court's order.

Child AbuseChild NeglectSexual AbuseCorporal PunishmentCredibility of WitnessRecantationFamily LawAppellate AffirmationEvidentiary RulingsJudicial Deference
References
4
Case No. MISSING
Regular Panel Decision

In re Patricia M.

This child protective proceeding involved allegations of neglect against respondents, who were accused of improperly influencing their daughters to change statements regarding sexual abuse by their half-brother. The court found the evidence insufficient to establish neglect, noting that respondents' interactions with the girls, such as instructing them to tell the truth and questioning one aspect of an account, did not constitute neglect. The out-of-court statements claiming the father instructed the girls to lie were deemed incredible and belied by firsthand testimony. Furthermore, the record lacked proof that the father's alleged actions impacted the girls' condition or caused their recantation, as the girls themselves attributed their recantation to their original statements being untrue. The order of the Wyoming County Family Court was unanimously reversed, and the petition dismissed.

Child NeglectSexual Abuse AllegationsFamily Court ActEvidence InsufficiencyStatements to AuthoritiesParental PressureRecantation of StatementsAppellate ReviewFamily Law
References
0
Case No. MISSING
Regular Panel Decision
Sep 28, 1992

In re Jessica G.

Petitioner initiated a Family Court proceeding alleging abuse and neglect against respondent's children and stepchildren. The Family Court found respondent sexually abused stepdaughter Jessica and inflicted excessive corporal punishment on all children, adjudicating Jessica abused and the other children neglected under Family Court Act § 1012. Respondent appealed, challenging the sufficiency of evidence. The appellate court affirmed, ruling that Jessica's in-camera testimony adequately corroborated her out-of-court statements to social workers and foster mother. Expert testimony further validated Jessica's account, and her recantation was deemed explained by her desire to return home. The court concluded that the sexual abuse of Jessica provided sufficient grounds for the neglect finding regarding the other children.

Child abuseChild neglectSexual abuseCorporal punishmentHearsay evidenceIn-camera testimonyCorroboration of testimonyWitness credibilityChild welfareFamily Court proceedings
References
6
Case No. MISSING
Regular Panel Decision
Dec 08, 1994

United States v. Taylor

Matthew Taylor, a co-founder of United Brooklyn (UB), was convicted of attempted extortion and extortion under the Hobbs Act at two construction sites where Flintlock Construction Company was the principal contractor. Taylor moved for a judgment of acquittal, arguing insufficient evidence linked him directly to extorting "money for a Coordinator and employment for members of United Brooklyn" as charged in Counts Twenty-Two and Twenty-Four. He also sought a new trial citing recanted testimony from a key witness, Andrew Weiss. The court denied both motions, concluding that the evidence, including Taylor's role as the de facto head of UB and his active involvement in its extortionate schemes, sufficiently supported the conviction under an aiding and abetting theory. The court found that the alleged recantation was not material and did not undermine the verdict, given the compelling evidence of Taylor's guilt in a "long and persistent scheme" of extortion.

Hobbs ActExtortionAttempted ExtortionConspiracyAiding and AbettingConstruction IndustryRacketeeringOrganized CrimeMotion for AcquittalMotion for New Trial
References
15
Showing 1-10 of 2,551 results

Ready to streamline your practice?

Apply these legal strategies instantly. CompFox helps you find decisions, analyze reports, and draft pleadings in minutes.

CompFox Logo

The AI standard for workers' compensation professionals. Faster research, deeper analysis, better outcomes.

Product

  • Platform
  • Workflow
  • Features
  • Pricing

Solutions

  • Defense Firms
  • Applicants' Attorneys
  • Insurance carriers
  • Medical Providers

Company

  • About
  • Insights
  • Case Law

Legal

  • Privacy
  • Terms
  • Trust
  • Cookies
  • Subscription

© 2026 CompFox Inc. All rights reserved.

Systems Operational