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Case Law Database

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

Case No. MISSING
Regular Panel Decision

In re Arbitration between New York State Department of Correctional Services & New York State Correctional Officers

This case involves an appeal from a Supreme Court order vacating an arbitration award. Petitioners, the Department of Correctional Services and Governor's Office of Employee Relations, challenged an arbitrator's decision to grant a correction sergeant, Charles Hannigan, approximately $4,000 in vacation and holiday accruals. The arbitrator had initially issued an award with a 45-day suspension for Hannigan and then retained jurisdiction to ensure "made whole" implementation. Petitioners argued the arbitrator exceeded his power by reopening the arbitration. The Supreme Court agreed and vacated the award, a decision affirmed by the appellate court. The appellate court found that the arbitrator's retention of jurisdiction and subsequent reopening of the award violated explicit limitations in the collective bargaining agreement.

Arbitration awardVacaturArbitrator's jurisdictionCollective bargaining agreementPublic employmentCorrection officerBack payEmployee benefitsWaiverScope of arbitration
References
21
Case No. M2000-00547-COA-R3-CV
Regular Panel Decision
Jun 08, 2001

Mary Louise Goodman Case v. Billy Ray Case

This is a divorce case involving Mary Louise Goodman Case (Wife) and Billy Ray Case (Husband) after 25 years of marriage. The trial court granted a divorce to the Wife on grounds of the Husband's inappropriate marital conduct, divided marital property, but failed to determine the value of the Wife's pension plan, and did not award spousal support to the Husband. The Husband appealed, arguing against the divorce, the property division, and the lack of alimony. The Court of Appeals affirmed the divorce and the decision not to award alimony but reversed and remanded the case for the trial court to classify, value, and equitably divide the Wife's pension plan as marital property.

DivorceMarital PropertyPension DivisionSpousal SupportAlimonyInappropriate Marital ConductDisability BenefitsEquitable DistributionAppellate ReviewCredibility
References
6
Case No. 08-cv-6567L
Regular Panel Decision

Davis v. NYS Department of Corrections Attica Correctional Facility

Plaintiff Stefanie A. Davis, a former employee of the New York State Department of Corrections at Attica Correctional Facility, filed a lawsuit alleging race and gender discrimination and unlawful retaliation under Title VII of the Civil Rights Act of 1964 and the New York State Human Rights Law. She claimed her supervisor assigned her a disproportionate number of minority inmates, and she faced retaliation after complaining. Defendant's initial motion for summary judgment was granted for all claims except retaliation. Following this, Defendant filed a second motion for summary judgment on the remaining retaliation claim. The court granted Defendant's second summary judgment motion, concluding that Plaintiff failed to establish a prima facie case for retaliation, specifically noting the absence of protected activity and materially adverse employment action.

Employment DiscriminationRetaliationTitle VIINew York State Human Rights LawSummary JudgmentRace DiscriminationGender DiscriminationProtected ActivityAdverse Employment ActionPro Se Litigant
References
24
Case No. ADJ6951777
Regular
Nov 23, 2010

GINGER LOGAN-CANNON vs. STATE OF CALIFORNIA, DEPARTMENT OF CORRECTIONS, STATE COMPENSATION INSURANCE FUND/STATE CONTRACTS SERVICES

The Workers' Compensation Appeals Board granted the defendant's petition for reconsideration. The Board rescinded the original September 9, 2010 Findings and Award. A clerical error in a subsequent order setting aside the award, which mistakenly referred to other case numbers, was corrected to include the correct case number. The matter is remanded for further proceedings to address the November 29, 2010 hearing.

Petition for ReconsiderationFindings and AwardClerical ErrorRescindedRemandWorkers' Compensation Appeals BoardWCJAdjusting AgencyLegally UninsuredCompanion Cases
References
3
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
Dec 19, 1945

Empire Case Goods Workers Union v. Empire Case Goods Co.

Empire Case Goods Workers Union, on behalf of its members, brought an action against Empire Case Goods Company and Sidney G. Bose to recover vacation pay stipulated in a contract. Empire sold its business to Bose, leading both defendants to deny liability for the vacation pay. The Special Term initially dismissed the complaint against both defendants, reasoning that Empire's employees became Bose's and Bose was not party to the contract. On appeal, the court affirmed the dismissal against Bose, finding no implied assumption of Empire's wage structure. However, it reversed the dismissal against Empire, holding Empire liable for the vacation pay as employees were not notified of the change in employer and continued to work under Empire's apparent authority, making Empire responsible under master and servant law.

Vacation PayEmployer LiabilitySuccessor LiabilityEmployment ContractSale of BusinessNotice of TerminationAgency RelationshipMaster and Servant LawAppellate ReviewWage Dispute
References
2
Case No. 2022 NY Slip Op 04872 [208 AD3d 1046]
Regular Panel Decision
Aug 04, 2022

Perri v. Case

Plaintiff Michael Perri sued defendant Mark Case, doing business as Case's Mini Storage, alleging breach of contract and seeking specific performance related to a right of first refusal for leased property. The Supreme Court, Ontario County, granted Perri's motion for summary judgment. Case appealed this order and judgment (Appeal No. 1), also appealing the denial of a motion to reargue/renew (Appeal No. 2), and an order holding him in civil contempt (Appeal No. 3). The Appellate Division, Fourth Department, unanimously affirmed the Supreme Court's order and judgment in Appeal No. 1. Appeal No. 2, which sought reargument, was dismissed as non-appealable. In Appeal No. 3, the Cook defendants' appeal was dismissed, and Case's appeal challenging the civil contempt finding was rejected, thereby upholding the contempt order.

Breach of ContractRight of First RefusalSummary JudgmentDeclaratory JudgmentSpecific PerformanceCivil ContemptAppellate ReviewReal PropertyLease AgreementWaiver
References
15
Case No. ADJ1312021
Regular
Nov 01, 2013

GRICELDA AREVALOS vs. PERSONNEL PLUS, INC., LIBERTY MUTUAL INSURANCE

This Workers' Compensation Appeals Board order corrects clerical errors in a prior decision regarding Gricelda Arevalos's case. The errors involved an incorrect case number in the caption and an extra space within the case number later in the document. The Board is correcting these errors to reflect the accurate case number ADJ1312021 without further proceedings. This amendment ensures the official record is accurate.

WORKERS' COMPENSATION APPEALS BOARDCLERICAL ERRORSORDER CORRECTINGPETITION FOR RECONSIDERATIONCASE NUMBER CORRECTIONADJ7430358ADJ0302021ADJ1312021SUPPLEMENTAL PROCEEDINGSCONTINGENT PROCEEDINGS
References
0
Case No. MISSING
Regular Panel Decision

Henderson v. Corrections Corp. of America

Jerome Henderson, a former corrections officer, filed a lawsuit against his employer, Corrections Corporation of America (CCA), and two individuals, Timothy Baltz and David Myers, alleging wrongful termination and discrimination. Henderson claimed violations under 42 U.S.C. § 1981, Tenn.Code Ann. § 50-1-304, Executive Order 11246, and various constitutional amendments. His termination followed the distribution of a newsletter with disparaging remarks about his supervisors and an unauthorized radio interview where he criticized CCA. The Court granted the defendants' motion for summary judgment, finding no independent cause of action under the constitutional amendments or Executive Order. Furthermore, Henderson failed to establish a prima facie case for retaliatory discharge or racial discrimination.

Wrongful TerminationSummary JudgmentEmployee ConductDefamationFree SpeechRacial DiscriminationRetaliatory Discharge42 U.S.C. § 1981Tennessee Employment LawCorrections Officer
References
33
Case No. ADJ7284005, ADJ7912473
Regular
Apr 06, 2017

RONALD PHILPOT vs. PERFORMANCE DAIRY SERVICES, INC., CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, ULLICO CASUALTY COMPANY, IMPERIUM INSURANCE COMPANY

This case involves a clerical error in a March 17, 2017 Workers' Compensation Appeals Board decision. The Board inadvertently swapped defendants between two consolidated cases (ADJ7912473 and ADJ7284005) and used an incorrect case number. The Board rescinded the prior decision and substituted a corrected version to accurately reflect the assigned defendants and case numbers. The corrected decision details the specific injuries, defendants, and awards for each applicant.

Workers' Compensation Appeals BoardClerical ErrorRescindedSubstitutedJoint Findings Award and OrdersIndustrial InjuryRight ShoulderBrainLeft KneeLumbar Spine
References
1
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