Claim of Morgen v. CBS, Inc.

Appellate Division of the Supreme Court of New York

Claim of Morgen v. CBS, Inc.

114 A.D.2d 533, 494 N.Y.S.2d 147, 1985 N.Y. App. Div. LEXIS 53249

CourtAppellate Division of the Supreme Court of the State of New York

DecidedOctober 10, 1985

StatusPublished

This text of 114 A.D.2d 533 (Claim of Morgen v. CBS, Inc.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Claim of Morgen v. CBS, Inc., 114 A.D.2d 533, 494 N.Y.S.2d 147, 1985 N.Y. App. Div. LEXIS 53249 (N.Y. Ct. App. 1985).

Pincite

Opinion

—Casey, J.

Appeal from a decision of the Workers’ Compensation Board, filed March 21, 1984.

Claimant, who contends that he is unable to work due to a work-related back injury sustained in 1973, refused to comply with a subpoena duces tecum directing him to produce his Federal tax returns for the years 1974 through 1981. The Workers’ Compensation Board affirmed an order which closed the case until claimant furnishes true copies of the requested returns or furnishes an authorization to the Internal Revenue Service to transmit certified copies of these returns.

The Board’s decision falls within its discretionary power to conduct hearings in such a manner as to ascertain the substantial rights of the parties (Workers’ Compensation Law § 118). Since the tax returns are relevant to the question of lost earnings, which claimant has put in issue, there is a rational basis for requiring their disclosure. Despite claimant’s argument to the contrary, we find no abuse of discretion in the Board’s decision, which should be affirmed.

Decision affirmed, without costs. Mahoney, P. J., Kane, Casey, Weiss and Levine, JJ., concur.

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—Casey, J.

Appeal from a decision of the Workers’ Compensation Board, filed March 21, 1984.

Claimant, who contends that he is unable to work due to a work-related back injury sustained in 1973, refused to comply with a subpoena duces tecum directing him to produce his Federal tax returns for the years 1974 through 1981. The Workers’ Compensation Board affirmed an order which closed the case until claimant furnishes true copies of the requested returns or furnishes an authorization to the Internal Revenue Service to transmit certified copies of these returns.

The Board’s decision falls within its discretionary power to conduct hearings in such a manner as to ascertain the substantial rights of the parties (Workers’ Compensation Law § 118). Since the tax returns are relevant to the question of lost earnings, which claimant has put in issue, there is a rational basis for requiring their disclosure. Despite claimant’s argument to the contrary, we find no abuse of discretion in the Board’s decision, which should be affirmed.

Decision affirmed, without costs. Mahoney, P. J., Kane, Casey, Weiss and Levine, JJ., concur.

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Bluebook (online)

114 A.D.2d 533, 494 N.Y.S.2d 147, 1985 N.Y. App. Div. LEXIS 53249, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-morgen-v-cbs-inc-nyappdiv-1985.