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

Case No. MISSING
Regular Panel Decision

De Los Santos v. City of New York

Plaintiff Alsacia De Los Santos sued the City of New York, NYPD, and Lt. Christopher Pasquerelli, alleging retaliation under 42 U.S.C. § 1983 and state/municipal human rights laws. De Los Santos claimed Lt. Pasquerelli retaliated against her for reporting a sexual encounter between two police officers, Lt. Kevin Leddy and Officer Tara Eckert. The defendants moved for summary judgment, arguing the plaintiff failed to state a First Amendment claim, could not show municipal liability, and failed to state a claim under human rights laws. The Court granted the defendants' motion, finding that the plaintiff's conversations about the sexual encounter did not constitute speech on a matter of public concern for First Amendment purposes. Additionally, the court found she could not reasonably believe she was reporting sexual harassment under human rights laws.

RetaliationFirst AmendmentPublic ConcernSummary JudgmentSexual HarassmentNYPDPolice MisconductEmployment DiscriminationMunicipal LiabilityQualified Immunity
References
33
Case No. ADJ3255721 (SFO 0500284) ADJ1045902 (SFO 0500285)
Regular
Jan 23, 2012

Ronald S. Verna vs. City of Los Altos Police Department

The Workers' Compensation Appeals Board denied the City of Los Altos Police Department's petition for reconsideration. The Board affirmed the finding that the applicant sustained a compensable sleep disorder as a consequence of industrial injuries, necessitating a CPAP machine. This decision was based on the treating physician's opinion and applicant's credible testimony, and the partial compromise and release agreement explicitly preserved future medical care. The Board found the defendant's arguments regarding substantial evidence, the compromise and release, and the need for a petition to reopen to be without merit.

Workers' Compensation Appeals BoardCity of Los Altos Police DepartmentRonald S. VernaPetition for ReconsiderationFindings and AwardSleep DisorderCompensable ConsequenceCPAP MachineSelf-Procured ExpenseCompromise and Release
References
1
Case No. MISSING
Regular Panel Decision

Roman v. New York City Police Department

The petitioner's employment was terminated by the New York City Police Department due to unexcused absence, intoxication, and possession of cocaine. Despite promising to report to duty, the petitioner never appeared. Police, entering her apartment under emergency circumstances, found her unconscious and intoxicated, with cocaine residue visible. Subsequent urine tests were positive for cocaine. The court confirmed the respondent's determination, denied the petitioner's request, and dismissed the CPLR article 78 proceeding, citing substantial evidence to support the termination.

employment terminationpolice misconductCPLR Article 78emergency doctrinewarrantless entrydrug possessionpublic employee disciplinesubstantial evidenceadministrative law
References
2
Case No. 90 Civ. 7546 (RWS)
Regular Panel Decision
Mar 09, 1992

Loper v. NEW YORK CITY POLICE DEPT.

Plaintiffs Jennifer Loper and William Kaye, on behalf of themselves and a class, moved for summary judgment against the New York City Police Department and its Commissioner. They sought a declaration that New York State Penal Law § 240.35(1), pertaining to loitering for begging, is unconstitutional. Plaintiffs submitted arrest reports to demonstrate ongoing unconstitutional injuries. Defendants countered that the statute was frequently misapplied, with many arrests mistakenly categorized under the loitering statute but actually involving other offenses like prostitution or drug activity. The court denied the plaintiffs' motion, citing that genuine issues of material fact existed regarding the defendants' enforcement scheme, making summary judgment inappropriate. Additionally, the court rejected the argument that the mere enactment of an unconstitutional statute warrants relief, emphasizing the necessity of a credible threat of enforcement.

Summary JudgmentFirst AmendmentLoitering StatuteBegging RightsConstitutional ChallengeNew York Penal LawPolice EnforcementClass ActionJudicial ReviewArrest Reports
References
21
Case No. MISSING
Regular Panel Decision
Dec 31, 1996

Castellano v. City of New York

Approximately 2,000 disabled former New York City police officers filed 16 consolidated actions, alleging that the practice of providing supplemental benefits to police officers who retire after twenty years of service while denying those same benefits to officers who retire due to a disability discriminates against them in violation of Titles I and II of the Americans with Disabilities Act (ADA), Section 504 of the Rehabilitation Act, and the Age Discrimination in Employment Act (ADEA), as well as various state laws. The defendants, various individuals and entities involved in administering the New York City Police Department benefit programs, moved to dismiss the complaint. The court granted the motions to dismiss, finding that the plaintiffs are not protected parties under the ADA and Rehabilitation Act, as they are not 'qualified individuals with a disability' and are seeking preferential rather than nondiscriminatory treatment. The ADEA claims were dismissed due to the plaintiffs' failure to file a complaint with the Equal Employment Opportunity Commission. Lastly, the court declined to exercise supplemental jurisdiction over the state law claims, leading to their dismissal as well.

Disability discriminationADA claimsRehabilitation Act claimsADEA claimsPolice officersRetirement benefitsSupplemental benefitsMotion to dismissQualified individual with a disabilityEmployment discrimination
References
61
Case No. MISSING
Regular Panel Decision
Jan 09, 1992

Loper v. New York City Police Department

Plaintiffs Jennifer Loper and William Kaye, representing a class, sought summary judgment against the New York City Police Department and Commissioner Lee Brown, aiming to declare New York State Penal Law § 240.35(1), which criminalizes loitering for begging, unconstitutional. Plaintiffs argued their provided arrest reports, detailing over 1,200 arrests under the statute, demonstrated ongoing constitutional violations. However, the defendants contended these reports were subject to multiple interpretations, with many charges being erroneously listed or pertaining to other offenses like prostitution or drug activity, thereby presenting a genuine issue of material fact regarding their enforcement scheme. The court further dismissed the plaintiffs' argument that the mere enactment of an unconstitutional statute warrants relief without a proven, credible threat of enforcement. Consequently, the motion for summary judgment was denied, with leave for the plaintiffs to renew it following additional discovery.

Constitutional LawSummary JudgmentLoitering StatutePenal LawFirst AmendmentBeggingClass ActionStatutory ChallengePolice EnforcementJudicial Review
References
21
Case No. MISSING
Regular Panel Decision

the Claim of Jimerson v. New York City Police Department

Claimant, a senior administrative aide, applied for workers' compensation benefits due to hand, neck, and back injuries from repetitive movements while employed by the New York City Police Department. A work-related injury was established, and she received benefits for intermittent lost time. Claimant ceased working in March 2005, asserting her injuries prevented her from performing duties. A Workers' Compensation Law Judge and the Workers' Compensation Board determined she voluntarily removed herself from the labor market, denying further benefits, though the Board remitted for further development on intermittent lost time awards. The appellate court reversed the Board's determination regarding voluntary withdrawal, finding it unsupported by substantial evidence. Medical reports from treating physicians, Marc Levinson and Dwiref Mehta, indicated her disability contributed to her decision to stop working. The matter was remitted to the Workers' Compensation Board for further proceedings.

Workers' Compensation AppealVoluntary Withdrawal from Labor MarketRepetitive Movement InjuryCarpal Tunnel SyndromeNeck and Back InjuryPermanent Partial DisabilityTreating Physician ReportMedical EvidenceSubstantial Evidence ReviewBoard Decision Reversed
References
5
Case No. 2022 NY Slip Op 06241 [210 AD3d 765]
Regular Panel Decision
Nov 09, 2022

Matter of City of Yonkers v. Police Benevolent Assn. of the City of Yonkers

The City of Yonkers appealed an order that confirmed an arbitration award in favor of the Police Benevolent Association of the City of Yonkers. The dispute stemmed from the City's unilateral reduction of police officer overtime hours, which violated an oral agreement to maintain a 60-hour overtime cap. The Supreme Court granted the respondent's motion to confirm the arbitration award, which directed the City to rescind the 2018 policy and restore the 2011 policy. The Appellate Division affirmed the Supreme Court's order, concluding that the arbitration award did not violate strong public policy, was not irrational, and did not exceed the arbitrator's power, as it was based on a reasonable interpretation of the collective bargaining agreement.

Collective Bargaining AgreementArbitration AwardOvertime PolicyPublic Employment Relations BoardImproper Practice ChargeAppellate ReviewJudicial Review of ArbitrationVacaturConfirmation of AwardMunicipal Law
References
8
Case No. ADJ9842448
Regular
Aug 14, 2018

MARY JANE KRIHA vs. CITY OF LOS ANGELES POLICE DEPARTMENT

This case involves a death benefit claim by Mary Jane Kriha, widow of deceased police officer Michael Kriha, against the City of Los Angeles Police Department. The Board granted reconsideration, rescinded a prior award, and issued a new decision after reconsideration. The deceased sustained a cumulative trauma injury of prostate cancer arising out of and in the course of employment, with a date of injury established as April 29, 2011. The Board found the claim was not barred by the statute of limitations and awarded death benefits up to $250,000, burial expenses up to $5,000, and attorney's fees to the applicant.

Prostate cancerPolice officerCumulative traumaLabor Code section 3212.1Medical causationPresumption of industrial causationStatute of limitationsDeath benefitsBurial expensesPetition for reconsideration
References
2
Case No. 526796
Regular Panel Decision
Oct 03, 2019

Matter of Barker v. New York City Police Dept.

Claimant Nielda Barker, an evidence property control specialist for the New York City Police Department for 29 years, filed a workers' compensation claim in November 2016 for injuries to her shoulders, bicep, elbow, wrist, and forearm. She attributed these injuries to repetitive overhead activities and lifting heavy objects. A Workers' Compensation Law Judge denied her claim, finding she did not sustain an occupational disease or a repetitive stress accidental injury. The Workers' Compensation Board upheld this determination, which was subsequently affirmed by the Appellate Division, Third Department. The court found that neither the claimant's testimony nor the medical evidence sufficiently established a recognizable link between her injuries and a distinctive feature of her work, or that the conditions resulted from unusual environmental circumstances.

Occupational DiseaseAccidental InjuryWorkers' Compensation BenefitsRepetitive Stress InjuryShoulder InjuriesEvidence Property Control SpecialistPolice DepartmentSubstantial EvidenceCausally-RelatedMedical Evidence
References
9
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