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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

Mair-Headley v. County of Westchester

The petitioner, a correction officer, was terminated from her employment by the Westchester County Department of Corrections after being absent for over one year due to a nonoccupational injury, pursuant to Civil Service Law § 73. She challenged this determination through a CPLR article 78 proceeding, alleging denial of due process and violation of the Human Rights Law. The Supreme Court initially dismissed the due process claim and transferred the remaining issues to this Court. This Court confirmed the determination, finding that the petitioner received adequate pre-termination notice and a post-termination hearing, satisfying due process. Additionally, the Court concluded that the termination did not violate the Human Rights Law, as employers are not obligated to create new light-duty or permanent light-duty positions for accommodation.

Civil Service LawCPLR Article 78Due ProcessHuman Rights LawEmployment TerminationCorrection OfficerDisability AccommodationWestchester CountyAppellate ReviewPublic Employment
References
21
Case No. ADJ3685729 (SJO 0231212)
Regular
Jun 15, 2009

Eva Diaz vs. Hung Quoc Nguyen individually, and dba SAFETRANS TRANSPORTATION, aka SAFETRANS and UNINSURED EMPLOYERS' FUND

The Workers' Compensation Appeals Board denied the defendant employer's petition for reconsideration of an award finding industrial injury to the applicant's shoulders, back, neck, and psyche. The Board granted the Uninsured Employers Benefits Trust Fund's petition to correct a clerical error in identifying the defendant employer and affirmed the original award with the corrected employer name. The Board also clarified that a prior decision on similar facts was res judicata regarding the injury specifics.

Workers' Compensation Appeals BoardUninsured Employers FundPetition for ReconsiderationFindings and AwardIndustrial InjuryBilateral ShouldersPsychePermanent DisabilityApportionmentLabor Code Section 4663
References
1
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. MISSING
Regular Panel Decision
Sep 15, 2008

Brown v. New York State Department of Correctional Services

Plaintiff Curtis Brown, an African-American Correction Officer, sued his employer, the New York State Department of Correctional Services (DOCS), and other defendants, alleging severe and continual racial harassment, discrimination, and retaliation by his white coworkers. He filed multiple administrative charges and then commenced this action asserting claims under Title VII of the Civil Rights Act, 42 U.S.C. §§ 1981, 1983, and the New York State Human Rights Law. The court addressed the defendants' motion for summary judgment, dismissing claims against individual defendants under Title VII, various institutional defendants, all constructive discharge claims, and state law claims due to Eleventh Amendment immunity or the election of remedies. However, the court denied summary judgment on Brown's Title VII hostile work environment and retaliation claims against DOCS, and his 42 U.S.C. § 1981 claims against individual defendants, finding genuine issues of material fact regarding the pervasive nature of harassment and the adequacy of the employer's remedial actions.

Racial DiscriminationHostile Work EnvironmentRetaliationEmployment LawTitle VIISection 1981Section 1983Eleventh AmendmentSummary Judgment MotionCorrectional Services
References
76
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. MISSING
Regular Panel Decision
Apr 24, 1986

Shannon v. State of New York Department of Correctional Services

Petitioner, a correction officer, faced disciplinary charges for misconduct including assault, intoxication, and absenteeism. A settlement agreement with the Department of Correctional Services allowed him to retain his job but subjected him to termination without appeal for similar future misconduct. Subsequently, the petitioner was arrested for driving while intoxicated off duty, which the Department deemed a violation of the settlement. His employment was terminated, leading him to file a CPLR article 78 proceeding seeking reinstatement. The Supreme Court dismissed his petition, a decision which the appellate court affirmed, ruling that the DWI arrest constituted a violation of the settlement agreement, providing a valid basis for termination and demonstrating no bad faith on the Department's part.

Correction OfficerDisciplinary ActionSettlement AgreementDriving While IntoxicatedTermination of EmploymentCPLR Article 78Appellate ReviewEmployee MisconductBad FaithCollective Bargaining Agreement
References
5
Case No. ADJ3070416 (LAO 0707238) ADJ3611048 (LAO 0707239)
Regular
Mar 09, 2009

ALBERTO MACIAS vs. GUSTAFSON MANUFACTURING CORP., REVCON MOTOR COACH MFG., UNINSURED EMPLOYERS BENEFITS TRUST FUND, PACIFIC EMPLOYER INSURANCE CO. (ESIS)

The Workers' Compensation Appeals Board granted removal and rescinded a WCJ's order that declared an arbitrator's finding regarding employment dates unenforceable. The Board found a clear clerical error in the arbitrator's finding, which stated employment was from "August, 1985 through May 8, 1985," an impossibility. The Board held that a WCJ has authority to correct such a clerical error nunc pro tunc. The case was returned to the WCJ to correct this error and address the defendant's appeal from the Vocational Rehabilitation Unit's decision.

Workers' Compensation Appeals BoardGustafson Manufacturing Corp.Revcon Motor Coach Mfg.Uninsured Employers Benefits Trust FundPacific Employer Insurance Co. (ESIS)Alberto MaciasArbitrator's DecisionCumulative TraumaVocational Rehabilitation BenefitsCompromise and Release
References
4
Case No. MISSING
Regular Panel Decision

Davis v. State of New York Department of Corrections

Plaintiff Melvin Davis, an African-American correction officer at Fishkill Correctional Facility, sued his employer DOCCS and coworkers Keith Canfield and James McAnney for hostile work environment under Title VII and § 1983, and for retaliation under Title VII. Davis alleged three incidents: a bag remnant and twine resembling a noose, a toy rat with a noose outside his apartment, and racist graffiti in the workplace restroom. The court granted the defendants' motion for summary judgment, finding that the bag remnant did not objectively resemble a noose, the toy rat incident could not be attributed to the defendants, and DOCCS took appropriate remedial action regarding the graffiti. Consequently, the court concluded that the incidents were not sufficiently severe or pervasive to constitute a hostile work environment, and the retaliation claim also failed due to lack of attributable adverse action.

DiscriminationHostile Work EnvironmentRetaliationSummary JudgmentCorrection OfficerWorkplace HarassmentRacial DiscriminationCivil RightsTitle VIISection 1983
References
52
Case No. MISSING
Regular Panel Decision

Claim of Huff v. Department of Corrections

The claimant, a correction officer at Greene Correctional Facility, sustained a right calf injury while practicing volleyball for an employer-sponsored "Olympics" team. The Workers’ Compensation Board initially ruled the injury compensable, prompting an appeal by the employer and its carrier. The Appellate Division found that the Board's decision conflicted with its own precedents on employer sponsorship of off-duty athletic activities. The court determined that the Board failed to provide a rational explanation for departing from its prior rulings, as the employer did not overtly encourage or sponsor the activity. Consequently, the Board's decision was reversed, and the matter was remitted for further proceedings.

Workers' CompensationAthletic InjuryEmployer SponsorshipBoard PrecedentRational BasisAppellate ReviewInjury CompensabilityCorrectional OfficerVolleyballGreene County
References
9
Case No. MISSING
Regular Panel Decision

Civil Service Employees Ass'n v. New York State Public Employment Relations Board

The Civil Service Employees Association (C.S.E.A.) filed an Article 78 application to challenge actions taken by the City of White Plains and the Public Employment Relations Board (P.E.R.B.). C.S.E.A. sought to vacate a resolution where the City recognized a different employee organization (S.I.W.A.) for a portion of its employees, thereby altering C.S.E.A.'s bargaining unit, and to annul a P.E.R.B. order upholding the City's action. The City cross-moved to dismiss the petition, arguing improper venue and that it was not a proper party. The court determined that Albany County was the correct venue and that the City was a proper party. The central issue was whether the City could unilaterally change bargaining unit composition without C.S.E.A.'s consent or a decertification petition. The court ultimately denied C.S.E.A.'s requested relief, agreeing with P.E.R.B. that public employers can recognize different employee organizations once an incumbent's unchallenged representation status period expires, in accordance with Civil Service Law sections 204 and 208.

Public Employment RelationsCollective Bargaining UnitsEmployee Organization RecognitionTaylor LawCivil Service LawArticle 78 CPLRBargaining Unit AlterationDecertification ProceedingsPublic Employer RightsVenue Disputes
References
1
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