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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. ADJ10256108, ADJ10255968, ADJ10256212, ADJ10256223, ADJ10489875
Regular
Sep 23, 2022

JOSEPH RYAN vs. CALIFORNIA DEPARTMENT OF CORRECTIONS, STATE COMPENSATION INSURANCE FUND

The Appeals Board affirmed the finding of permanent and total disability for the applicant, Joseph Ryan, stemming from industrial injuries sustained while employed as a correctional captain. However, the Board remanded the matter for further proceedings to specifically address apportionment of the permanent disability under Labor Code section 4663, considering the Agreed Medical Evaluator's opinion on pre-existing spinal disease. The Board found that the applicant's specific and cumulative trauma injuries to his spine resulted in intertwined disabilities, justifying a combined award, but that Dr. Hasday's apportionment findings require further development and determination at the trial level.

Workers' Compensation Appeals BoardJoseph RyanCalifornia Department of CorrectionsLegally UninsuredState Compensation Insurance FundADJ10256108ADJ10255968ADJ10256212ADJ10256223ADJ10489875
References
12
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

Scott v. City of New York Department of Correction

Plaintiff Collette J. Scott sued Norman Seabrook, the Corrections Officers’ Benevolent Association of the City of New York (COBA), and the City of New York Department of Corrections (DOC), alleging sexual assault, hostile work environment, and retaliation under Title VII and state law. Defendants moved for summary judgment on all claims. Magistrate Judge Gabriel W. Gorenstein recommended granting summary judgment for all defendants on retaliation claims and for DOC on hostile work environment, but denying it for the Seabrook defendants on the hostile work environment claim. District Judge Sidney H. Stein adopted this recommendation in its entirety after de novo review. The Court dismissed all claims against DOC and retaliation claims against Seabrook defendants but denied summary judgment for Seabrook defendants on the hostile work environment claim.

Sexual HarassmentHostile Work EnvironmentRetaliationSummary JudgmentTitle VIILabor Union LiabilitySex DiscriminationCorrectional OfficersMagistrate Judge RecommendationFederal Rules of Civil Procedure 56
References
65
Case No. MISSING
Regular Panel Decision

New York State Correctional Officer & Police Benevolent Ass'n v. New York State Department of Correctional Services

Elsie Pierre, a correction officer, sustained a work-related injury in May 2004, leading to workers’ compensation leave. Respondent Department of Correctional Services initiated termination proceedings, but a medical evaluation by respondent's designated physician on September 15, 2005, found her unfit for duty. Pierre's physician, Sanford Wert, later cleared her for work on June 12, 2006, a finding supported by a Hearing Officer who recommended reinstatement with retroactive pay. Respondent, however, rejected the full retroactive award, granting pay only from October 12, 2007, arguing that Pierre had not properly exhausted administrative remedies for the earlier date and that an independent evaluation was lacking. Petitioners challenged this limited retroactive pay, but the Court confirmed the respondent's determination, dismissing the petition and upholding the October 12, 2007, start date for back pay.

Workers' Compensation LeaveRetroactive Back PayCivil Service LawAdministrative ReviewFitness for DutyMedical Evaluation DisputeCorrection Officer EmploymentCPLR Article 78 ProceedingJudicial DiscretionAppellate Court Decision
References
1
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. ADJ8653793; ADJ8653794
Regular
Aug 12, 2016

KARI JACKSON vs. STATE OF CALIFORNIA, DEPARTMENT OF CORRECTIONS AND REHABILITATION

This case involves applicant Kari Jackson's claim for workers' compensation benefits from the State of California, Department of Corrections and Rehabilitation. The Workers' Compensation Appeals Board granted reconsideration to address the applicant's challenge to the administrative law judge's apportionment of prior permanent disability. The Board amended the decision to remove a 4% apportionment to a prior left knee injury, finding no substantial medical evidence supported it. However, the overall 62% permanent disability finding for the primary injury remains, along with clerical corrections to indemnity and attorney fees.

Labor Code Section 4664ApportionmentPermanent DisabilityStipulated AwardPrior AwardSubstantial Medical EvidenceOverlapPrimary Treating PhysicianAgreed Medical EvaluatorWhole Person Impairment
References
5
Case No. MISSING
Regular Panel Decision

Rumsey v. New York State Department of Correctional Services

Plaintiffs, employees of the New York State Department of Correctional Services and military reservists, challenged Departmental Directive # 2212, which allowed the rescheduling of their regular days off to coincide with military drills. They claimed this violated their rights under federal and state military laws and the Equal Protection Clause, arguing it discriminated against them by not requiring similar rescheduling for other types of leave. The defendants asserted the directive was necessary to address staffing shortages and prevent abuse of military leave, noting that pass days were routinely rescheduled for various other reasons. The court denied the plaintiffs' motion for summary judgment and granted the defendants' cross-motion, ruling that the directive did not constitute discrimination, as it did not require 'special accommodations' for reservists beyond what was afforded to other employees, consistent with the precedent set in Monroe v. Standard Oil Co.

Military LeaveEmployment RightsWork ScheduleDiscrimination ClaimSummary Judgment MotionCollective BargainingSeniority RightsDepartmental DirectiveFederal LawState Law
References
10
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. MISSING
Regular Panel Decision

Kirkland v. New York State Department of Correctional Services

This case involves a remand from the Second Circuit Court of Appeals, affirming an order that enjoined the promotion of correctional sergeants based on an unconstitutionally discriminatory examination. The current proceeding addresses the approval of a new selection examination (No. 36-435) for correctional sergeants and a motion for summary judgment against the Fitzpatrick intervenors. Intervenors objected to a proposed 250-point score adjustment for minority applicants and the perceived subjectivity of the job performance evaluation component. The court granted both the application and the motion, finding that the proposed examination, including the score adjustment, satisfied the requirements set forth by the Second Circuit and the EEOC Guidelines, and met state law objectivity standards.

Employment DiscriminationAffirmative ActionCorrectional SergeantsCivil Service ExaminationEqual Employment Opportunity Commission GuidelinesTest ValiditySummary JudgmentRemandJudicial ReviewRacial Bias
References
5
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