CompFox Logo
AboutWorkflowFeaturesPricingCase LawInsights

Updated Daily

Case Law Database

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

Case No. MISSING
Regular Panel Decision

Martino v. County of Albany

Petitioner, a correction officer with the Albany County Sheriff's Department, was injured in June 2006 while removing garbage at the Albany County Correctional Facility, resulting in acute lower back strain. His uncontroverted claim for workers' compensation benefits was established, but his application for benefits under General Municipal Law § 207-c was denied. The denial stemmed from a Hearing Officer's report, adopted by the Albany County Sheriff, which concluded that the injury occurred during activities outside the scope of his assigned duties as a correction officer. This CPLR article 78 proceeding was initiated to review that determination. The court found substantial evidence to support the conclusion that the injury was not causally related to his duties, despite a general duty to maintain a clean work area, as there was no immediate need for garbage removal by a correction officer. The determination was confirmed, and the petition dismissed.

Correction Officer InjuryGeneral Municipal Law § 207-cScope of EmploymentDuty-Related InjuryCPLR Article 78Administrative ReviewAlbany CountyWorkers' Compensation BenefitsLower Back StrainDenial of Benefits
References
3
Case No. 2024 NY Slip Op 00069 [223 AD3d 660]
Regular Panel Decision
Jan 10, 2024

Matter of County of Nassau v. Nassau County Sheriff's Corr. Officers' Benevolent Assn.

The County of Nassau appealed an order denying its petition to vacate an arbitration award. The arbitration award had concluded that the County violated a collective bargaining agreement by denying General Municipal Law § 207-c benefits to correction officers who missed no work time but sought medical treatment for work-related injuries or illnesses. The Supreme Court initially denied the County's petition and granted the union's cross-petition to confirm the award. The Appellate Division, Second Department, reversed this order, finding the arbitration award to be irrational because the claimants neither sought payment of salary/wages nor reimbursement for out-of-pocket medical expenses, thus not requiring the benefits outlined in General Municipal Law § 207-c. Consequently, the County's petition to vacate the arbitration award was granted, and the cross-petition to confirm was denied.

Arbitration AwardVacaturCollective Bargaining AgreementGeneral Municipal Law § 207-cCorrection OfficersMedical BenefitsLost TimePublic Policy ExceptionIrrational AwardAppellate Review
References
9
Case No. MISSING
Regular Panel Decision

Claim of Landgrebe v. County of Westchester

Claimant Donald Landgrebe, a Westchester County correction officer, sustained a back injury at work. The county paid his full wages during his disability. Nine months later, he suffered a hand injury in a separate accident, found to be consequential to his original back injury, for which he received a “schedule award.” The county sought full reimbursement from this schedule award for both periods of advanced wages. The Workers’ Compensation Board limited reimbursement to payments made after the hand injury. The Appellate Division reversed this decision, allowing full reimbursement. This court reversed the Appellate Division, reinstating the Board’s decision, ruling that reimbursement from a schedule award for a consequential injury should not cover wage advances for an unrelated initial injury.

Workers' CompensationSchedule AwardReimbursementAdvance PaymentsConsequential InjuryDisability BenefitsAppellate ReviewStatutory InterpretationNew York LawPermanent Partial Disability
References
18
Case No. MISSING
Regular Panel Decision

Hayes v. County of Nassau

Robert A. Hayes, a Nassau County Police Officer, filed a Jones Act seamen's action against his employer, the County of Nassau, for personal injuries sustained on February 12, 2008. Hayes alleged negligence by the County and unseaworthiness of its vessel. The County filed a third-party complaint against the Town of Oyster Bay, alleging the Town's negligent maintenance of its marina and gangway caused the injuries. Both the Town and County moved for summary judgment. The court dismissed Hayes's Jones Act claim against the County with prejudice, concluding that the injury occurred on an extension of land not under the County's control, thus failing federal admiralty jurisdiction. The court declined to exercise supplemental jurisdiction over the remaining state law claim against the Town, dismissing it without prejudice.

Jones ActSeamen's ActionAdmiralty JurisdictionMaritime LawSummary JudgmentNavigable WatersGangway AccidentSlip and FallPersonal InjuryNassau County
References
22
Case No. MISSING
Regular Panel Decision
May 18, 2000

Ertner v. County of Chenango

Petitioner, a correction officer employed by the Chenango County Sheriff's Department, sustained injuries after falling downstairs while inspecting cells at the County Jail. She was awarded workers' compensation benefits but subsequently denied General Municipal Law § 207-c benefits, with the denial based on the injury not being incurred during a job function "peculiar to a correction officer." Petitioner's challenge to this determination was dismissed by the Supreme Court. On appeal, the Court affirmed the dismissal, distinguishing between Workers' Compensation Law and General Municipal Law § 207-c, stating the latter applies to injuries incurred from "heightened risks and duties" peculiar to specialized employment, which a fall down stairs is not considered.

Correction Officer InjuryGeneral Municipal LawWorkers CompensationPublic Safety Officer BenefitsLine of DutyHeightened RiskJob FunctionAppellate DecisionMunicipal EmployeeInjury Classification
References
1
Case No. MISSING
Regular Panel Decision
Jun 13, 1986

Lima v. County of Rockland

John J. Lima, a volunteer firefighter, sustained injuries after falling six stories during a "fireman’s rope slide" at a training center operated by the County of Rockland. He alleged negligence by the county for failing to provide safety netting and promulgate proper safety rules, leading to his personal injuries. The County of Rockland sought summary judgment, arguing that the Volunteer Firefighters’ Benefit Law § 19 provided an exclusive remedy, thereby barring Lima's common-law tort action. The Supreme Court denied this motion, and on appeal, the order was affirmed. The Appellate Division held that the county was not covered by the exclusive remedy provisions of VFBL § 19(2) or § 19(3), as the Village of Haverstraw Fire Department's participation in a mutual aid plan did not constitute "regular service" to the county, and a county does not qualify as a "person or agency" under the statute.

NegligencePersonal InjuryVolunteer FirefighterExclusive RemedySummary JudgmentMutual Aid PlanStatutory InterpretationCounty LiabilityWorkers' Compensation LawAppellate Division
References
4
Case No. 2018 NY Slip Op 05774
Regular Panel Decision
Aug 15, 2018

O'Brien v. County of Nassau

The plaintiff, Frank O'Brien, appealed an order from the Supreme Court, Nassau County, which dismissed his personal injury claims against the County of Nassau, Nassau County Department of Public Works, and New York Islanders Hockey Club, L.P., as time-barred. O'Brien alleged severe injuries from asbestos exposure at the Nassau Coliseum, filing a Workers' Compensation claim in April 2012 and a notice of claim alleging discovery of contamination in March 2012. Medical tests in September 2012 revealed lung issues. The Appellate Division, Second Department, affirmed the dismissal, concluding that O'Brien had sufficient objective awareness of his injuries and the alleged fraud more than three years before commencing the action in November 2015, thereby exceeding the applicable statutes of limitations under CPLR 214-c and General Municipal Law § 50-i. The court also found the 'two-injury rule' inapplicable.

Personal InjuryAsbestos ExposureStatute of LimitationsTime-Barred ClaimsWorkers' Compensation ClaimNassau ColiseumMunicipal LiabilityFraudulent ConcealmentDiscovery RuleGeneral Municipal Law
References
13
Case No. MISSING
Regular Panel Decision
Nov 09, 1988

Matthews v. County of Nassau

The defendant appealed a judgment from the Supreme Court, Nassau County, which awarded the plaintiff $210,000 in damages for personal injuries. The appellate court reversed this judgment and dismissed the complaint. It was determined that the plaintiff, a volunteer at the Nassau County Fine Arts Museum, was entitled to workers’ compensation benefits for her job-related injuries under Nassau County Administrative Code § 2105 (b). The court found that the plaintiff was performing services as a volunteer when she was injured and there was no deviation from employment. Therefore, the trial court should have granted the defendant’s motion to dismiss, as the plaintiff failed to present prima facie proof that her injury was not job-related.

Workers' CompensationVolunteerPersonal InjuryNassau CountyAppellate ReversalJob-Related InjuryMotion to DismissPrima Facie ProofAdministrative CodeMuseum
References
1
Case No. 2016 NY Slip Op 02096
Regular Panel Decision
Mar 23, 2016

Matter of Nassau County Sheriff's Correction Officers Benevolent Assn., Inc. v. Nassau County

John Thomas, a correction officer, sustained a back injury in 1998 and subsequently received General Municipal Law § 207-c benefits. After periods of restricted duty and military service, medical evaluations in 2009 determined he was unfit for any duty, reinstating his benefits. However, in February 2010, a County-appointed doctor deemed him fit for light-duty work, leading the Nassau County Sheriff's Department to discontinue his benefits. Thomas and his labor union challenged this decision, arguing a due process violation due to the hearing officer placing the burden of proof on Thomas to demonstrate his unfitness. The Appellate Division, Second Department, affirmed the lower court's dismissal, concluding that Thomas was afforded due process as he had the opportunity to present evidence and requiring him to support his claim of continued total disability was permissible.

CPLR Article 78 ProceedingGeneral Municipal Law § 207-c BenefitsDue Process RightsBurden of ProofLight-Duty AssignmentCorrection Officer InjuryDiscontinuation of BenefitsAppellate ReviewProperty InterestCollective Bargaining Agreement
References
6
Case No. MISSING
Regular Panel Decision

Liss v. Nassau County

Barry Liss filed claims against Nassau County and its departments, alleging disability discrimination under the ADA and NYSHRL. Liss sustained work-related injuries and was diagnosed with multiple sclerosis, requiring accommodations for working at heights and in hot temperatures. He contended that the defendants failed to provide reasonable accommodations, leading to further injuries. The court denied the defendants' motion to dismiss the ADA claims, finding them not time-barred and issues of fact regarding reasonable accommodation and qualification. However, state law claims for NYSHRL and intentional infliction of emotional distress, along with punitive damages, were dismissed due to the plaintiff's failure to file a timely Notice of Claim and the non-recoverability of punitive damages against municipal defendants.

ADANYSHRLDisability DiscriminationReasonable AccommodationFailure to AccommodateEmployment LawStatute of LimitationsMotion to DismissNassau CountyMultiple Sclerosis
References
24
Showing 1-10 of 16,468 results

Ready to streamline your practice?

Apply these legal strategies instantly. CompFox helps you find decisions, analyze reports, and draft pleadings in minutes.

CompFox Logo

The AI standard for workers' compensation professionals. Faster research, deeper analysis, better outcomes.

Product

  • Platform
  • Workflow
  • Features
  • Pricing

Solutions

  • Defense Firms
  • Applicants' Attorneys
  • Insurance carriers
  • Medical Providers

Company

  • About
  • Insights
  • Case Law

Legal

  • Privacy
  • Terms
  • Trust
  • Cookies
  • Subscription

© 2026 CompFox Inc. All rights reserved.

Systems Operational