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

Case No. 2016 NY Slip Op 02667 [138 AD3d 758]
Regular Panel Decision
Apr 06, 2016

People v. Melendez

The defendant, Carlos Melendez, appealed a judgment from the County Court, Suffolk County, convicting him of conspiracy in the second degree, operating as a major trafficker, criminal sale of a controlled substance in the second degree, and criminal possession of a controlled substance in the third degree. The conviction stemmed from a year-long wiretap investigation into a heroin ring in Suffolk County. On appeal, Melendez challenged the admissibility of expert testimony and the legal sufficiency of the evidence. The Appellate Division, Second Department, acknowledged errors in the detective's expert testimony but found them harmless due to overwhelming proof of guilt. The court also determined the evidence was legally sufficient, particularly regarding voice identification, and affirmed the judgment.

Criminal LawDrug TraffickingConspiracyWiretap EvidenceExpert Witness TestimonyHarmless Error DoctrineLegal Sufficiency of EvidenceVoice IdentificationAppellate ProcedureEvidence Admissibility
References
11
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. 106274
Regular Panel Decision
Oct 30, 2014

PeoplevRodriguez

The New York Supreme Court, Appellate Division, Third Judicial Department, affirmed the judgment convicting Jose A. Rodriguez of operating as a major trafficker and four counts of criminal sale of a controlled substance in the third degree. Rodriguez appealed, arguing insufficient evidence, particularly regarding the corroboration of accomplice testimony, and an excessive sentence. The Court found adequate corroboration for accomplice testimony connecting Rodriguez to the drug operation through police investigations and controlled buys. It also dismissed his claims concerning geographical jurisdiction and ineffective assistance of counsel. The Appellate Division concluded that the evidence was legally sufficient and the verdict was in line with the weight of the evidence, and determined that the sentence imposed was not unduly harsh or excessive, citing the serious nature of the crimes and Rodriguez's criminal history.

Criminal LawDrug TraffickingControlled SubstancesAccomplice TestimonyEvidence CorroborationAppellate ReviewSentence AppealPenal LawNew York LawDrug Law Reform Act
References
30
Case No. MISSING
Regular Panel Decision
Mar 22, 2004

Frankhauser v. Barnhart

Plaintiff Henry Frankhauser sought Social Security Disability and Supplemental Security Insurance benefits, alleging disability due to polysubstance abuse, depression, bipolar disorder, and personality disorder. Administrative Law Judges and the Appeals Council denied his claims, asserting that substance abuse was a material contributing factor. The court reviewed cross-motions for judgment on the pleadings. It found that the ALJ improperly relied on the medical expert's testimony and failed to consider the treating physician's rule or whether Plaintiff's mental conditions provided good reason for non-compliance with treatment. The court concluded that Plaintiff's underlying mental impairments would lead to disability regardless of substance abuse. Therefore, the court denied the Defendant's motion, granted the Plaintiff's cross-motion, and remanded the case for benefit calculation and payment.

Social Security DisabilitySupplemental Security IncomeBipolar DisorderPersonality DisorderSubstance AbuseMedical ExpertTreating Physician RuleAdministrative AppealMental Health ImpairmentVocational Limitations
References
22
Case No. MISSING
Regular Panel Decision

People v. Ackerson

In a felony driving while intoxicated trial, defendant Scott Ackerson moved to preclude the testimony of an emergency medical technician (EMT), Diane Wood, citing the physician-patient privilege under CPLR 4504(a). The court denied the motion, stating that evidentiary privileges, being in derogation of common law, must be strictly construed. The Legislature has not explicitly extended this privilege to EMTs, despite creating other specific privileges. The court found no evidence that the EMT acted as an agent for a physician. The opinion emphasized that an EMT's role is to stabilize patients, distinct from a physician's role of diagnosis and treatment, thus not falling within the purpose of the CPLR 4504 privilege.

PrivilegeEmergency Medical TechnicianEMTPhysician-Patient PrivilegeCPLR 4504Statutory InterpretationEvidentiary PrivilegeFelony DWITestimony PreclusionAgency
References
6
Case No. MISSING
Regular Panel Decision
Nov 03, 1978

People v. Murray

The Supreme Court, Bronx County, rendered a judgment on November 3, 1978, convicting the defendant-appellant of criminal sale of a controlled substance in the third degree, which led to an appeal. The defendant failed to appear for a scheduled court appearance during pretrial proceedings but subsequently returned and entered a guilty plea. Initial discussions regarding a plea for a one-year minimum sentence were deemed conditional and non-binding due to the defendant's abscondence. The defendant ultimately entered a plea with the understanding of a three-year minimum sentence, with a provision for withdrawal if the probation report suggested a harsher punishment. The appellate court affirmed the judgment, highlighting the defendant's prior arrests for drug-related offenses and emphasizing the importance of upholding judicial rules against flouting court directives.

Criminal LawPlea BargainAbscondingControlled SubstanceAppellate ReviewSentencingJudicial DiscretionWithdrawal of PleaProbation ReportBronx County
References
0
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