Central New York Workers' Compensation Bar Ass'n v. State of New York Workers' Compensation Board
Petitioners challenged the State of New York Workers’ Compensation Board’s policy that permitted the State Insurance Fund to install computer hardware in the Board’s Syracuse office, granting wireless Internet access to the Fund’s attorneys during proceedings, while denying the same to other attorneys. The Supreme Court found this policy to be arbitrary and capricious. The appellate court affirmed this judgment, concluding that the Board’s policy provided an unfair competitive advantage to the State Insurance Fund, which, despite its state agency status, functions as an insurer in proceedings before the Board. This disparate treatment in litigation access was deemed arbitrary and capricious.