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

Case No. ADJ6913723
Regular
Mar 01, 2010

ZACHARY GRAM vs. CITY OF WALNUT CREEK

The Appeals Board dismissed the applicant's Petition for Reconsideration because the order changing venue was an interlocutory procedural order, not a final decision on substantive rights or liabilities. The Board then granted removal on its own motion to clarify the record and resolve conflicting procedural orders regarding the venue change. Specifically, the Board vacated prior orders, including an order granting a venue change and a subsequent order rescinding it. The matter is returned to the trial level for a determination on the defendant's request for a venue change.

Workers' Compensation Appeals BoardRemovalReconsiderationVenueLabor Code Section 5310Interlocutory OrderProcedural OrderSubstantive RightIrreparable HarmRescind
References
7
Case No. ADJ3269128 (SAC 0315100)
Regular
Jan 29, 2010

STEFANIE KING vs. SIERRA FAMILY SERVICES, STATE COMPENSATION INSURANCE FUND

This case concerns a defendant's petition for reconsideration of an administrative law judge's (WCJ) order for further medical record development. The Appeals Board dismissed the petition, finding the challenged order was not a "final order" subject to reconsideration. The Board also rescinded the WCJ's subsequent order appointing a physician, as the WCJ lacked authority to issue it while a petition for reconsideration was pending. Removal was granted on the Board's own motion to address the impropriety of the WCJ's order.

Workers' Compensation Appeals BoardPetition for ReconsiderationOrder Granting RemovalDecision After RemovalAdministrative Law JudgeFinding and OrderCumulative PeriodIndustrial InjuryMononucleosisEpstein-Barr Syndrome
References
7
Case No. MISSING
Regular Panel Decision

Howard v. New York Times

This case concerns a motion seeking leave to appeal from an Appellate Division order, which had affirmed a Workers' Compensation Board determination. The Board's determination denied an application for reconsideration and/or full Board review. The motion for leave to appeal, insofar as it pertained to the Board's denial of reconsideration, was dismissed on the grounds that this portion of the order did not constitute a final determination within the meaning of the Constitution. The remaining aspects of the motion for leave to appeal were denied.

Motion PracticeLeave to AppealAppellate ReviewWorkers' CompensationBoard ReviewReconsiderationJurisdictionFinality of OrderConstitutional LawDismissal
References
3
Case No. MISSING
Regular Panel Decision

Long Island College Hospital v. New York State Labor Relations Board

This case concerns a judicial review of an order from the New York State Labor Relations Board (NYSLLB) that directed a petitioner to bargain with Local 144 and extended Local 144's certification. The court annulled the NYSLLB's order and denied its cross-petition for enforcement, instead directing a new election for employees. While the court affirmed the NYSLLB's use of a self-determination election and multiquestion ballot, it found the certification and order lacked substantial evidence and were contrary to law. This was due to issues including insufficient Spanish-language election notices, blank ballots, and potentially misleading inaccuracies in Local 144's 'Special Edition' newspaper, which the petitioner could not adequately counter. A dissenting opinion argued the board did not abuse its discretion and its findings were supported by evidence.

Labor LawUnion ElectionsBargaining RepresentativeUnfair Labor PracticesJudicial ReviewSelf-DeterminationBallot IrregularitiesSubstantial EvidenceNew ElectionLabor Relations Board
References
3
Case No. MISSING
Regular Panel Decision

Fortunato v. Workers' Compensation Board

The petitioner appealed two rulings: a Supreme Court judgment dismissing his CPLR article 78 application to compel the Workers’ Compensation Board to renew his license, and a subsequent order denying reconsideration. The Board had denied license renewal due to petitioner's failure to provide records, reapply, and demonstrate competency. The Appellate Division affirmed the Supreme Court's dismissal, ruling that the proceeding was time-barred by the four-month Statute of Limitations. Additionally, the court found that mandamus was not appropriate for a discretionary act and that the Board’s determination was not arbitrary or capricious.

License RenewalMandamusCPLR Article 78Workers' Compensation BoardStatute of LimitationsAdministrative LawJudicial ReviewArbitrary and CapriciousDiscretionary ActNonattorney Representative
References
15
Case No. MISSING
Regular Panel Decision
Jul 27, 1982

Weiss v. New York State Human Rights Appeal Board

The State Human Rights Appeal Board's order, dated July 27, 1982, concerning Anna S. Weiss and the New York State Workers’ Compensation Board, has been modified. The court has remanded for further consideration finding number 23, which stated that complainant Anna S. Weiss voluntarily retired from the WCB effective August 17, 1978. Consequently, the associated directives for WCB to pay Anna S. Weiss back pay, based on the salary difference between a Senior Research Analyst and an Assistant Director of Research and Statistics for the period June 22, 1978, to August 17, 1978, and $1,000 for humiliation, embarrassment, and mental anguish, are also subject to further review. The court noted that providing both wage difference and embarrassment damages might be duplicative or that $1,000 is sufficient for punitive purposes. The order is otherwise affirmed.

Human Rights LawEmployment DisputeRetirement BenefitsWage DifferentialEmotional Distress DamagesAdministrative Law AppealJudicial RemandAppellate Panel DecisionDissenting Judicial OpinionConcurring Judicial Opinion
References
0
Case No. MISSING
Regular Panel Decision

Rochester Club v. New York State Labor Relations Board

The petitioner, an employer, was charged with unfair labor practices by the New York State Labor Relations Board. Despite a trial examiner's recommendation to dismiss the complaint, the Board found unfair labor practices and ordered the matter reopened for further hearings to determine employee reinstatement and back pay. The petitioner initiated an Article 78 proceeding to review this Board order, which the Board moved to dismiss as non-final. The court held that under New York Labor Law, the Board's order, granting no relief and requiring further evidence, is an interlocutory order not subject to immediate judicial review. The court distinguished this from federal practice, where similar orders may be considered final, due to differences in state and federal procedural acts. Consequently, the court dismissed the petition, ruling that a final order from the Board was still pending.

Administrative LawJudicial ReviewFinal OrderInterlocutory OrderLabor LawUnfair Labor PracticeNew York State Labor Relations BoardArticle 78 ProceedingAppellate ProcedureStatutory Interpretation
References
8
Case No. MISSING
Regular Panel Decision

New York State Public Employment Relations Board v. Board of Education

The concurring opinion, authored by Judge Fuchsberg, affirms the ultimate disposition of the case, upholding the Public Employment Relations Board's (PERB) order. The opinion delves into the critical distinction between an administrative agency exceeding its jurisdiction and merely committing an error of law. It argues that an order issued without statutory power or in excess thereof is inherently void and subject to collateral attack, even if statutory time limits for direct review have passed. Judge Fuchsberg supports this jurisdictional argument by referencing several prior cases, including *Matter of Foy v Schechter* and *Matter of Guardian Life Ins. Co. v Bohlinger*. Ultimately, the opinion concludes that the PERB's remedial orders were fully authorized due to a specific statutory violation, despite the complex jurisdictional challenges raised.

Public Employment Relations BoardAdministrative LawJurisdictionCollateral AttackStatutory InterpretationError of LawBack PayCivil Service LawArticle 78PERB
References
14
Case No. MISSING
Regular Panel Decision

New York City Housing Authority Tenant Selection Division v. State Human Rights Appeal Board

The New York City Housing Authority (NYCHA) initiated a proceeding to review an order from the State Human Rights Appeal Board, which had affirmed a finding by the State Division of Human Rights that NYCHA discriminated against Constance Orlando, a mentally disabled public housing applicant. The court found insufficient evidence to support the discrimination claim. While acknowledging that denying housing solely based on mental disability is unlawful, the court determined that NYCHA denied Orlando's application due to a valid reason: her persistent disruptive, harassing, and threatening behavior, which made her an undesirable tenant according to housing regulations. Consequently, the court granted NYCHA's petition, annulled the Appeal Board's order, denied the cross-application for enforcement, and dismissed the complaint.

DiscriminationMental DisabilityPublic HousingTenant EligibilityUndesirable TenantExecutive LawJudicial ReviewAdministrative OrderDisruptive BehaviorHarassment
References
4
Case No. ADJ9681671
Regular
Jul 01, 2016

LAWRENCE O'DONNELL vs. TEN WEST TOWING-PTO, SERVICES/STRUCTURE AND CLAIMS RESERVE MANAGEMENT

This case concerns a Petition for Reconsideration filed by an attorney challenging the dismissal of his untimely Petition for Removal. The Appeals Board granted removal to correct a clerical error in their prior decision regarding the date of the WCJ's order. The Board dismissed the current Petition for Reconsideration as successive and because the underlying WCJ's order denying the attorney's request to be relieved was not a final, appealable order.

PETITION FOR REMOVALPETITION FOR RECONSIDERATIONCLERICAL ERRORMANDATORY SETTLEMENT CONFERENCERELIEVED AS ATTORNEY OF RECORDNON-FINAL ORDERLABOR CODE SECTION 5310SUCCESSIVE PETITIONSUBSTANTIVE RIGHT OR LIABILITYINTERLOCUTORY PROCEDURAL DECISIONS
References
10
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