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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

In re the Arbitration between North Country Community College Ass'n & North Country Community College

Petitioner Michael Leahy, a tenured accounting professor, was terminated by North Country Community College for misconduct involving a heated verbal exchange with his supervisor. Leahy and his union, the North Country Community College Association of Professionals, filed a grievance that proceeded to arbitration. The arbitrator found serious misconduct but modified the penalty to a 15-month suspension without pay, along with anger management counseling, rather than termination. Petitioners sought to confirm the arbitration award, while respondents cross-moved to vacate it. The Supreme Court confirmed the award, and this appellate court affirmed that decision, concluding that the arbitrator did not exceed his authority in modifying the penalty and that the award was not irrational or violative of strong public policy.

Arbitration Award ConfirmationEmployee TerminationWorkplace MisconductCollective Bargaining AgreementArbitrator AuthorityPublic Policy ChallengePenalty ModificationAnger ManagementJudicial Review of ArbitrationDisciplinary Action
References
8
Case No. 2016-04-0328
Regular Panel Decision
May 18, 2017

Berdnik, Patrice v. Fairfield Glade Community Club

Patrice Berdnik, an employee, claimed a back injury while retrieving ice for her employer. The employer, Fairfield Glade Community Club, denied the claim and failed to provide a panel of physicians. After an expedited hearing, the trial court found the employee unlikely to prevail but still ordered medical benefits in the form of a panel of physicians. The employer appealed this decision. The Appeals Board reversed the award of medical benefits, agreeing that the employee had not established a compensable injury based on the only expert medical opinion, but affirmed the trial court's decision in all other respects. The Appeals Board also referred the employer to the Penalty Unit for investigation due to their failure to provide a panel of physicians.

Workers' Compensation AppealBack Injury ClaimCompensable InjuryMedical BenefitsPanel of PhysiciansPre-existing ConditionCausation StandardsEmployer ObligationsPenalty Unit ReferralExpedited Hearing
References
12
Case No. 2017-05-0944
Regular Panel Decision
Sep 07, 2018

White, Carole v. Community Care of Rutherford Co.

Carole White filed a Petition for Benefit Determination seeking medical and temporary disability benefits, alleging a mental injury stemming from a hostile work environment. The Court initially found it unlikely that Ms. White would prevail on her claim. Community Care subsequently filed a Motion for Summary Judgment, which Ms. White did not effectively oppose with supporting evidence. The Court ruled that Ms. White failed to provide proof of an identifiable stressful, work-related event producing a sudden mental stimulus, relying instead on a claim of gradual employment stress, which is not compensable under relevant law. Consequently, the Court granted summary judgment in favor of Community Care, dismissing Ms. White's claim with prejudice.

Workers' CompensationSummary JudgmentMental InjuryHostile Work EnvironmentCausationGradual StressProcedural HistoryBenefit DeterminationTennessee LawAppellate Procedure
References
3
Case No. 2020 NY Slip Op 02301 [182 AD3d 821]
Regular Panel Decision
Apr 16, 2020

Matter of Community, Work, & Independence, Inc. v. New York State Off. for People with Dev. Disabilities

This case involves a CPLR article 78 proceeding initiated by Community, Work, and Independence, Inc. (petitioner) to challenge a determination affirming the objection to its proposed discharge of M.D., an individual with developmental disabilities, from day habilitation services. M.D.'s parents objected to the discharge, and an administrative hearing sustained their objection, a decision later affirmed by the Commissioner of the Office for People with Developmental Disabilities. The Appellate Division, Third Department, confirmed the Commissioner's determination, finding that the burden of proof was appropriately placed on the service provider. The court concluded that substantial evidence supported the finding that discharging M.D. was not reasonable, considering his needs, the lack of suitable alternative programs, and despite the petitioner's financial concerns. The court suggested that financial issues for service providers should be addressed by seeking increased funding rather than by discharging individuals.

Developmental DisabilityHCBS WaiverDischarge ServicesAdministrative HearingBurden of ProofSubstantial EvidenceFinancial ConcernsService ProviderMedicaid FundingAutism Spectrum
References
7
Case No. MISSING
Regular Panel Decision

Castor v. Laredo Community College

Juan Castor, an employee of Laredo Community College (LCC) for twelve years, was terminated for insubordination on September 21, 1994. Six days prior, Castor had a heated discussion with his supervisor. Castor filed a lawsuit alleging retaliatory discharge due to a workers' compensation claim he filed in May 1994. LCC moved for summary judgment, asserting insubordination as the legitimate reason for termination, which the trial court granted. The appellate court affirmed the summary judgment, finding Castor failed to provide sufficient controverting evidence of a retaliatory motive to rebut LCC's non-discriminatory reason for his dismissal.

Summary JudgmentRetaliatory DischargeWorkers' Compensation ClaimInsubordinationCausal LinkCircumstantial EvidenceBurden of ProofLegitimate ReasonEmployment LawAppellate Review
References
10
Case No. 2019 NY Slip Op 05238 [173 AD3d 1571]
Regular Panel Decision
Jun 27, 2019

Matter of Kriplin (Community Newspaper Group LLC--Commissioner of Labor)

Jonathan Kriplin, a newspaper carrier for Community Newspaper Group LLC (now Community First Holdings, Inc. - CFHI), applied for unemployment insurance benefits after ceasing deliveries. The Department of Labor and an Administrative Law Judge determined that Kriplin and other carriers were employees, making CFHI liable for unemployment insurance contributions. The Unemployment Insurance Appeal Board upheld these findings. The Appellate Division, Third Department, affirmed the Board's decisions, citing substantial evidence of an employment relationship, consistent with prior cases involving CFHI and similar workers. The court dismissed CFHI's arguments regarding independent contractor status and First Amendment rights.

Unemployment InsuranceEmployment RelationshipIndependent ContractorNewspaper CarriersAppellate ReviewSubstantial EvidenceDepartment of LaborUnemployment Insurance Appeal BoardLabor LawFirst Amendment Rights
References
4
Case No. 2021 NY Slip Op 04349 [196 AD3d 560]
Regular Panel Decision
Jul 14, 2021

Membrives v. HHC TRS FP Portfolio, LLC

This class action was initiated by Pedro Membrives and others against HHC TRS FP Portfolio, LLC, and related entities, alleging violations of Labor Law article 6, specifically concerning sections 196-d, 12 NYCRR 146-2.18, and 12 NYCRR 146-2.19. The plaintiffs claimed that the defendants improperly retained administrative fees from catered events without adequately disclosing that these fees were not gratuities. The Supreme Court initially granted summary judgment to the plaintiffs and denied the defendants' motion to dismiss. On appeal, the Appellate Division, Second Department, modified the Supreme Court's order by denying summary judgment to the plaintiffs on the Labor Law § 196-d claim, citing a triable issue of fact regarding the plaintiffs' employee status. However, the Appellate Division affirmed the grant of summary judgment for the plaintiffs concerning the violations of 12 NYCRR 146-2.18 and 146-2.19, as the defendants failed to rebut the presumption that the administrative fees were purported gratuities and did not provide proper disclosure.

Class ActionLabor LawWage and HourGratuityAdministrative FeeEmployee StatusSummary JudgmentAppellate ReviewNYCRRHotel Industry
References
11
Case No. M2017-01369-COA-R3-CV
Regular Panel Decision
Aug 10, 2018

The Manor Homes, LLC v. . Ashby Communities, LLC

This case involves a contract dispute between a developer, Ashby Communities, LLC, and a builder, The Manor Homes, LLC, over the construction of a residential property. The developer removed the builder from the project, alleging non-compliance with contract terms. The trial court found the developer breached the contract first by failing to provide the builder an opportunity to cure identified problems and awarded damages to the builder. The developer appealed, and the Court of Appeals affirmed the trial court's judgment, concluding that the developer committed the initial material breach and that the builder did not make actionable misrepresentations regarding its licensing status or financial capability.

Contract DisputeBreach of ContractConstruction LawReal Estate DevelopmentAppellate ReviewTennessee LawContractual InterpretationOpportunity to CureDamages AwardConsumer Protection Act
References
34
Case No. 2020 NYSlipOp 01424
Regular Panel Decision
Feb 27, 2020

Matter of Spratley (New York State Dept. of Corr. & Community Supervision)

Petitioner Wayne Spratley, a correction officer, was suspended without pay and terminated after an off-duty drunken altercation, despite later being acquitted of criminal charges. An arbitrator upheld his termination but granted him full back pay, deeming his suspension retroactively invalid. Spratley sought to confirm this arbitration award, while the New York State Department of Corrections and Community Supervision (DOCCS) cross-moved to partially vacate it. The Supreme Court confirmed the award in its entirety. On appeal, the Appellate Division, Third Department, found that the arbitrator exceeded his authority by awarding back pay, as the collective bargaining agreement (CBA) did not provide for such a retroactive invalidation of an interim suspension. Consequently, the Appellate Division modified the Supreme Court's order, vacating the back pay award, and affirmed the order as modified.

Arbitration AwardPublic Sector EmploymentCollective Bargaining AgreementInterim SuspensionBack Pay DisputeArbitrator's AuthorityDisciplinary ActionCriminal AcquittalCPLR Article 75Appellate Review
References
5
Case No. 2020 NY Slip Op 00661
Regular Panel Decision
Jan 30, 2020

Matter of Enoch v. New York State Dept. of Corr. & Community Supervision

Claimant Robert Enoch, a correction officer, injured his right knee and received workers' compensation benefits. The employer, New York State Department of Corrections and Community Supervision, paid his wages during disability and sought reimbursement from the Workers' Compensation Board. Initially, counsel fees were designated as a lien on the employer's reimbursement credit. However, after Enoch received a schedule loss of use award, the Board modified its prior decision, ruling that the counsel fees should be paid from Enoch's schedule loss of use award instead, to avoid providing a windfall to the claimant and to ensure the employer received full reimbursement. Enoch appealed this modification. The Appellate Division, Third Department, affirmed the Board's decision, finding it a rational exercise of its continuing jurisdiction under Workers' Compensation Law § 123.

Workers' CompensationSchedule Loss of UseCounsel FeesEmployer ReimbursementAdministrative DecisionAppellate ReviewJudicial DiscretionStatutory InterpretationNY Workers' Compensation LawBoard Jurisdiction
References
21
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