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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

Anastasia v. Barnes

This case involves a wrongful death action where the defendant, New York Racing Association, Inc. (NYRA), and third-party defendant, Pinkerton’s New York Racing Security Service, Inc., moved to amend their answers. They sought to assert a setoff for pension and insurance benefits received by the plaintiff due to the decedent's death, invoking the "collateral source rule." The court, presided over by Justice Kenneth H. Lange, denied both motions. The decision delves into the nuances of the collateral source rule, distinguishing between gratuitous benefits and those part of employment compensation. It concludes that NYRA, not having contributed to the benefits, cannot assert them as a setoff, and Pinkerton’s, despite funding some benefits, cannot use them against an indemnification claim, prioritizing the tort-feasor's responsibility for compensation.

Wrongful DeathCollateral Source RuleSetoff DefenseLeave to Amend AnswerThird-Party LitigationIndemnification ClaimWorkers' Compensation BenefitsPension BenefitsInsurance BenefitsTort Law
References
20
Case No. MISSING
Regular Panel Decision
May 12, 1988

Torres v. New York City Employees' Retirement System

The petitioner, a Rikers Island correction officer, sought to annul the New York City Employees’ Retirement System’s denial of his application for accident disability retirement benefits. The Supreme Court affirmed the dismissal of the petition, finding that the Medical Board and Board of Trustees' determination was neither arbitrary nor capricious. The court found that the petitioner's injuries occurred after he completed his tour of duty and signed out, while leaving the premises on a Correction Department bus, not in the actual performance of city service. This decision was based on Administrative Code of the City of New York § 13-168, which requires injury during city service for eligibility. The court also clarified that eligibility for workers’ compensation benefits was not binding on the Medical Board for accident disability benefits, referencing Administrative Code § 13-176 (c).

accident disability retirementRikers Island correction officercity serviceNew York City Employees’ Retirement SystemMedical BoardBoard of TrusteesCPLR Article 78workers' compensationadministrative coderetirement benefits
References
3
Case No. MISSING
Regular Panel Decision

Cassarino v. New York City Employees' Retirement System

The petitioner sought accidental disability retirement benefits, but the Board of Trustees of the New York City Employees’ Retirement System denied the application on December 13, 2007. The Supreme Court reviewed this denial and found that the Board's determination was not arbitrary and capricious. The court reasoned that the petitioner's injuries arose from the performance of usual duties as a sanitation worker, citing prior cases. Furthermore, the court determined that the petitioner's slip or trip on a strap within a sanitation truck was not sufficiently extraordinary or unexpected to qualify as an 'accidental' injury under the law. Consequently, the Supreme Court affirmed the Board's denial of benefits.

Accidental DisabilityRetirement BenefitsSanitation WorkerNew York City Employees’ Retirement SystemJudicial ReviewAdministrative DeterminationInjury CausationOrdinary DutiesAppellate DivisionSocial Security Law
References
3
Case No. No. 78 Civ. 2541-CSH
Regular Panel Decision
Mar 09, 1987

Hannahs v. NY STATE TEACHERS'RET. SYSTEM

Plaintiff Bessie Hannahs, a retired teacher, challenged the use of sex-differentiated actuarial tables by the New York State Teachers' Retirement System (NYSTRS) to calculate retirement benefits, alleging discrimination. The defendants moved for summary judgment, citing intervening Supreme Court authority in Norris and subsequent Second Circuit rulings in Spirt II. The court granted summary judgment for the defendants, finding that Norris precluded retroactive relief due to the financial burden on the guaranteed annuity plan. The court also determined that NYSTRS's post-Norris implementation, which involved using merged gender mortality tables ("midpointing") for contributions made after August 1, 1983, complied with federal law, rejecting the plaintiff's argument for "topping up" benefits and any state law considerations that would mandate it.

Retirement BenefitsActuarial TablesGender DiscriminationTitle VIISummary JudgmentProspective ReliefRetroactive ReliefMidpointingTopping UpPension Plans
References
10
Case No. MISSING
Regular Panel Decision

Warshawsky v. DiNapoli

Philip Warshawsky, a unified court officer, sought accidental disability retirement benefits from the New York State and Local Employees’ Retirement System due to heart disease. His application was initially denied based on the Retirement System's interpretation that he failed to prove an "accident" under Retirement and Social Security Law § 605-a, despite his claim under the "Heart Bill" provision, § 605-b. Warshawsky argued that § 605-b establishes a presumption of accidental causation for heart conditions in uniformed court officers, rendering proof of a specific accident unnecessary. The court agreed with Warshawsky, finding that the Retirement System's interpretation of § 605-b was an error of law and irrational. The court annulled the denial and remitted the matter to the Retirement System for reconsideration, affording Warshawsky the benefit of the statutory presumption.

Accidental Disability RetirementHeart Bill PresumptionUniformed Court OfficersRetirement and Social Security LawStatutory InterpretationCPLR Article 78 ReviewAdministrative DeterminationArbitrary and CapriciousError of LawRemand
References
14
Case No. MISSING
Regular Panel Decision

Claim of Acunzo v. Newsday, Inc.

The claimant, a district circulation manager for Newsday, Inc., sustained a back injury in 1981 while unloading newspapers. After initially receiving payments and returning to work, he retired in 1982 and subsequently sought workers' compensation benefits, claiming his injury necessitated his retirement. A Workers' Compensation Law Judge awarded benefits, which the employer appealed, arguing collateral estoppel based on a prior unemployment insurance denial. The Workers' Compensation Board rejected the collateral estoppel argument, differentiating between requiring retirement and being a factor in it, and referred the case for further evidence on disability and its causal link to retirement. The appellate court ultimately dismissed the employer's appeal as nonfinal, concluding that the underlying substantive issues had not been fully resolved and the collateral estoppel issue was not dispositive.

Workers' CompensationBack InjuryRetirementCollateral EstoppelNonfinal OrderAppeal DismissedDisabilityCausal RelationshipUnemployment InsuranceWorkers' Compensation Board
References
5
Case No. MISSING
Regular Panel Decision
Feb 15, 1990

Narine v. Handler

Oduth Narine, an employee of Protection Systems Specialists, Inc., was injured while inspecting a ventilation system. Narine and his wife initiated a negligence action against his employer and co-employee Howard Handler, alleging failure to provide a safe workplace. The defendants sought summary judgment, claiming the suit was barred by the Workers' Compensation Law, given Narine had already received benefits. The Supreme Court denied their motion. On appeal, the order was modified; summary judgment was granted to Protection Systems Specialists, Inc. due to the exclusivity of Workers' Compensation benefits. However, the denial of summary judgment for Handler was affirmed, as questions of fact remained regarding his employment relationship.

NegligencePersonal InjurySummary JudgmentWorkers' CompensationExclusive RemedyCo-employee LiabilityFactual QuestionsAppellate ReviewEmployer LiabilitySafe Place to Work
References
5
Case No. MISSING
Regular Panel Decision
Feb 02, 1984

Krebbeks v. Regan

Petitioner, the widow of a Department of Transportation employee, applied for accidental death benefits after her husband's service-connected death in July 1981. Although her application for accidental death benefits was approved, these benefits were entirely offset by workers' compensation payments, leaving her with no current payments from the State Employees’ Retirement System. Subsequently, petitioner sought a lump-sum ordinary death benefit, which was denied because she was deemed eligible for accidental death benefits, even if offset. This appeal ensued after the denial of her application by a hearing officer and Special Term's concurrence. The court affirmed the denial, citing Retirement and Social Security Law § 60 (a) (3), which states an ordinary death benefit is not payable if an accidental death benefit is payable, with a narrow exception not applicable here.

Accidental Death BenefitsOrdinary Death BenefitsWorkers' Compensation OffsetRetirement and Social Security LawStatutory InterpretationDeath Benefits EligibilityPublic Employee BenefitsAdministrative Law AppealDeath Benefit Offset
References
2
Case No. MISSING
Regular Panel Decision

Borenstein v. New York City Employees' Retirement System

This appeal addresses the proper standard for judicial review of a determination by the New York City Employees’ Retirement System (NYCERS) Medical Board regarding an applicant's physical disability for city-service. The respondent, an Assistant Deputy Warden, sought accidental disability retirement benefits after sustaining injuries at Rikers Island, but the Medical Board repeatedly found her not medically disabled despite conflicting medical opinions. While the Supreme Court initially dismissed her petition, the Appellate Division reversed, granting her pension. The Court of Appeals, however, reversed the Appellate Division, upholding the Medical Board’s determination as it was based on 'some credible evidence' and was not arbitrary or capricious. The court emphasized that the Medical Board has the authority to resolve conflicting medical evidence and that judicial review should not substitute its judgment for the Board's.

Judicial reviewDisability benefitsAccidental disabilityNYCERSMedical BoardCPLR Article 78Substantial evidenceArbitrary and capriciousAdministrative lawConflicting medical evidence
References
12
Case No. MISSING
Regular Panel Decision

Cravotta v. New York City Employees' Retirement System

The petitioner, a New York City sanitation worker, sustained a knee injury after allegedly slipping on a sanitation truck step contaminated by a slippery substance from a dump site. His application for accidental disability retirement benefits from the New York City Employees’ Retirement System (NYCERS) was denied, as his injury was not deemed an "accident" under Retirement and Social Security Law § 605-b. The petitioner challenged this determination, but both the Supreme Court and the appellate court affirmed the denial. The courts found that the injury occurred during routine duties and was not so extraordinary or unexpected as to constitute an accidental injury.

Accidental disabilityRetirement benefitsSanitation workerKnee injurySlipping accidentRoutine dutiesNYCERSAdministrative determinationJudicial reviewAnnulment petition
References
7
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