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

Case No. ADJ 7906635, ADJ 7906741
Regular
May 02, 2016

LINDA ARMS vs. COUNTY OF KERN

The Workers' Compensation Appeals Board denied the County of Kern's petition for reconsideration. The County sought to overturn an award regarding the reasonable cost of two medical-legal reports from Dr. Ali Mostafavi. The Board adopted the findings of the administrative law judge, who found the attested hours and resulting fee schedule calculations for the reports to be reasonable. The County failed to demonstrate that the time spent by Dr. Mostafavi on the reports was unreasonable.

Workers' Compensation Appeals BoardPetition for ReconsiderationCounty of KernLinda ArmsADJ 7906635ADJ 7906741Workers' Compensation Administrative Law JudgeFindings Orders and AwardQualified Medical ExaminerQME
References
2
Case No. ADJ8359721
Regular
Mar 12, 2013

MARY STAMPER vs. COUNTY OF KERN

The Workers' Compensation Appeals Board (WCAB) denied the County of Kern's petition for reconsideration. The WCAB adopted the Workers' Compensation Judge's (WCJ) report and recommendation, which found the applicant sustained a new injury on April 11, 2012, rather than merely a temporary exacerbation of a prior injury. This finding was based on the WCJ's credible assessment of the applicant's testimony and medical evidence, particularly the opinion of Dr. Silver. Consequently, the applicant was awarded temporary total disability, medical care, and attorney's fees for the new injury.

ADJ8359721Mary StamperCounty of KernWorkers' Compensation Appeals BoardPetition for ReconsiderationDeniedWCJ reportcredibility findingGarza v. Workers' Comp. Appeals Bd.April 11 2012
References
1
Case No. 2015 NY Slip Op 07262
Regular Panel Decision
Oct 07, 2015

Westchester County Correction Superior Officers Ass'n v. County of Westchester

The case involves an action brought by the Westchester County Correction Superior Officers Association and several retired correction officers against the County of Westchester. The plaintiffs sought damages for an alleged breach of a collective bargaining agreement, claiming the county failed to provide benefits equivalent to Workers' Compensation Law for permanent disability. The Supreme Court, Westchester County, initially denied the defendants' motion to dismiss but later granted their motion for summary judgment, dismissing the complaint. The Supreme Court also denied the plaintiffs' cross-motion to amend their complaint. On appeal, the Appellate Division, Second Department, affirmed the Supreme Court's decision, concluding that no provision in the collective bargaining agreement mandated such payments and that the proposed amendment to the complaint lacked merit.

Collective Bargaining AgreementBreach of ContractSummary JudgmentWorkers' Compensation BenefitsLoss of Earning CapacityPermanent DisabilityLeave to Amend ComplaintAppellate ReviewAffirmationJudiciary Law
References
2
Case No. MISSING
Regular Panel Decision
Aug 21, 1998

Westchester County Correction Officers Benevolent Ass'n v. County of Westchester

The County of Westchester appealed orders from the Supreme Court, Westchester County. The Supreme Court had granted the Westchester County Correction Officers Benevolent Association, Inc.'s petition to quash administrative subpoenas (Matter No. 1) and denied the County's motion to enjoin the Association from challenging the subpoenas (Matter No. 2). The appellate court affirmed both orders, finding that the County failed to adhere to Workers’ Compensation Law § 300.10 (c). This statute mandates that subpoenas to a claimant's treating physician can only be issued upon the physician's non-appearance at the first adjournment, not as a routine practice prior to attempts at voluntary appearance. The court emphasized that the County's prior practice violated the statute and impeded the remedial goals of the Workers' Compensation Law.

Administrative LawWorkers' CompensationSubpoena ComplianceAppellate CourtLabor RelationsStatutory InterpretationDue ProcessCollective BargainingJudicial ReviewPublic Sector Employment
References
3
Case No. 2024 NY Slip Op 00069 [223 AD3d 660]
Regular Panel Decision
Jan 10, 2024

Matter of County of Nassau v. Nassau County Sheriff's Corr. Officers' Benevolent Assn.

The County of Nassau appealed an order denying its petition to vacate an arbitration award. The arbitration award had concluded that the County violated a collective bargaining agreement by denying General Municipal Law § 207-c benefits to correction officers who missed no work time but sought medical treatment for work-related injuries or illnesses. The Supreme Court initially denied the County's petition and granted the union's cross-petition to confirm the award. The Appellate Division, Second Department, reversed this order, finding the arbitration award to be irrational because the claimants neither sought payment of salary/wages nor reimbursement for out-of-pocket medical expenses, thus not requiring the benefits outlined in General Municipal Law § 207-c. Consequently, the County's petition to vacate the arbitration award was granted, and the cross-petition to confirm was denied.

Arbitration AwardVacaturCollective Bargaining AgreementGeneral Municipal Law § 207-cCorrection OfficersMedical BenefitsLost TimePublic Policy ExceptionIrrational AwardAppellate Review
References
9
Case No. MISSING
Regular Panel Decision

Suffolk County Ass'n of Municipal Employees, Inc. v. County of Suffolk

The plaintiff, Suffolk County Association of Municipal Employees, Inc., appealed an order dismissing its complaint against Suffolk County. The Union sought to permanently enjoin the County from imposing mandatory furloughs and discharging employees under a collective bargaining agreement. The Supreme Court had dismissed the complaint for lack of subject matter jurisdiction and denied a preliminary injunction. The appellate court modified the order, finding that the Supreme Court has subject matter jurisdiction. However, it affirmed the denial of the preliminary injunction, stating that loss of employment does not constitute irreparable harm as affected workers are entitled to reinstatement and back pay if they prevail.

Public EmploymentCollective Bargaining AgreementMandatory FurloughsEmployee DischargeSubject Matter JurisdictionPreliminary InjunctionIrreparable HarmBudget DeficitPersonnel ReductionsAppellate Review
References
11
Case No. ADJ9098975
Regular
May 16, 2025

SHELLY REESE vs. COUNTY OF KERN, KERN COUNTY SHERIFF, SHERIFF'S RESERVE ASSOCIATION, UNINSURED EMPLOYERS BENEFITS TRUST FUND

Shelly Reese, a reserve deputy for the County of Kern, was injured during a motocross demonstration at the 2013 Stampede Days, an annual fundraising event for the Sheriff's Department. The Workers' Compensation Appeals Board (WCAB) granted reconsideration to determine if Reese was an employee under the Workers' Compensation Act. The WCAB found that Reese established a presumption of employment due to receiving remuneration in the form of training and uniforms, therefore overriding the public agency volunteer exclusion. Concluding she was performing peace officer duties, the Board rescinded the prior finding of her as a professional athlete and reclassified her employment as a Peace Officer, Occupational Group Number 490.

Workers' Compensation Appeals BoardReconsiderationReserve DeputyStampede DaysMotocross DemonstrationProfessional AthletePeace OfficerLabor Code Sections 335133573352(a)(9)
References
14
Case No. 2025 NY Slip Op 02920 [238 AD3d 876]
Regular Panel Decision
May 14, 2025

Matter of Nassau County Sheriff's Corr. Officers Benevolent Assn., Inc. v. Nassau County

The Nassau County Sheriff's Correction Officers Benevolent Association, Inc. (the Union) appealed an order that denied its petition to vacate an arbitration award. The arbitration stemmed from a grievance alleging that Nassau County violated a collective bargaining agreement by not crediting compensatory time to Union members working during a COVID-19 state of emergency. The arbitrator ruled in favor of the County, and the Supreme Court confirmed this award. The Appellate Division, Second Department, affirmed the Supreme Court's decision, emphasizing the limited scope of judicial review for arbitration awards. The court found that the Union failed to prove the award was irrational or that the arbitrator exceeded their power, as the award was supported by the record and based on an interpretation of the CBA.

ArbitrationCollective Bargaining AgreementCPLR Article 75VacaturAppellate ReviewLabor DisputeCOVID-19Nassau CountyCompensatory TimeContract Interpretation
References
8
Case No. MISSING
Regular Panel Decision

In re the Arbitration between Monroe County Deputy Sheriff's Ass'n & Monroe County/Monroe County Sheriff

This case involves an appeal from an order of the Supreme Court, Monroe County, which had denied a petition to confirm an arbitration award and granted a cross-petition to vacate it. The arbitration award mandated that Monroe County provide firearms and training to its deputies in the Civil Bureau of the Monroe County Sheriff's office. The Supreme Court had ruled that the award contravened public policy by infringing upon the Sheriff's discretionary authority under Judiciary Law § 400. However, the appellate court disagreed, concluding that the public policy exception did not meet the stringent criteria for overturning an arbitration award. Consequently, the appellate court reversed the Supreme Court's order, thereby confirming the original arbitration award and denying the cross-petition.

Arbitration AwardPublic Policy ExceptionCollective Bargaining AgreementMonroe County SheriffCivil Bureau DeputiesFirearms TrainingHealth and SafetyAppellate Court DecisionVacating Arbitration AwardConfirming Arbitration Award
References
4
Case No. ADJ10267073
Regular
Dec 09, 2018

HILDA CASTELLANOS vs. COUNTY OF KERN; COUNTY COUNSEL

Here is a summary of the case for a lawyer, in four sentences: Kern County sought reconsideration of an award of temporary disability benefits to Hilda Castellanos for industrial injury to her wrists, arms, and neck, arguing she voluntarily retired and suffered no wage loss. The Board denied reconsideration, finding the applicant credibly testified her retirement was necessitated by the effects of her industrial injury. The Board gave significant weight to the applicant's testimony detailing how her physical limitations ultimately prevented her from continuing her job. The applicant's stated intent to work longer and pursue other employment if not for the injury supported the WCJ's findings.

WCABPetition for ReconsiderationFindings and AwardStipulationIndustrial InjuryTemporary Disability BenefitsRetirementVoluntary RemovalEarning CapacityCredibility Determination
References
5
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