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

Case No. 09-CV-8140 (KMK)
Regular Panel Decision
Mar 31, 2011

In Re Dayton

Plaintiffs Michael Dayton and Barbara Nieves, individually and as guardian for their five infant children, brought action against the City of Middletown, its police officers, Orange County, and the Department of Social Services Orange County (DSS) alleging federal and state law violations. The claims stemmed from a November 2008 incident involving an alleged attack by a felon and subsequent police actions, followed by Family Court proceedings where neglect findings were entered against the parents. The court granted DSS's motion to dismiss with prejudice, finding it not a suable entity. Motions to dismiss the federal § 1983 Monell claims against Middletown and Orange County were granted without prejudice due to insufficient pleading of a municipal policy. State law claims against Orange County were dismissed without prejudice due to untimely notice of claim for adult plaintiffs, with infant claims requiring state court application. Claims arising from the Family Court's neglect finding and protective order were dismissed with prejudice under the Rooker-Feldman doctrine, but other allegations regarding Orange County's conduct during Family Court proceedings survived. The Middletown Officers' motion for summary judgment was denied without prejudice, citing insufficient factual inconsistencies for dismissal prior to discovery. Plaintiffs were given thirty days to file a Second Amended Complaint.

Civil Rights ViolationsFourth AmendmentEighth AmendmentFourteenth Amendment42 U.S.C. § 1983Motion to DismissSummary JudgmentRooker-Feldman doctrineMonell claimFailure to Train
References
98
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. 2025 NY Slip Op 02920 [238 AD3d 876]
Regular Panel Decision
May 14, 2025

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

The Nassau County Sheriff's Correction Officers Benevolent Association, Inc. (the Union) appealed an order that denied its petition to vacate an arbitration award. The arbitration stemmed from a grievance alleging that Nassau County violated a collective bargaining agreement by not crediting compensatory time to Union members working during a COVID-19 state of emergency. The arbitrator ruled in favor of the County, and the Supreme Court confirmed this award. The Appellate Division, Second Department, affirmed the Supreme Court's decision, emphasizing the limited scope of judicial review for arbitration awards. The court found that the Union failed to prove the award was irrational or that the arbitrator exceeded their power, as the award was supported by the record and based on an interpretation of the CBA.

ArbitrationCollective Bargaining AgreementCPLR Article 75VacaturAppellate ReviewLabor DisputeCOVID-19Nassau CountyCompensatory TimeContract Interpretation
References
8
Case No. MISSING
Regular Panel Decision

Berweger v. County of Orange

Plaintiffs Lurana M. Berweger and Susan E. Menon, nurses at the Orange County Correctional Facility, sued under 42 U.S.C. § 1983 for wrongful termination, alleging retaliation for criticizing the County’s Department of Mental Health's (DMH) inadequate inmate medical care. They also brought a state claim under New York State Labor Law § 740. The defendants included the County of Orange, County Executive Joseph G. Rampe, Commissioner of Mental Health Chris Ashman, County Attorney Richard Golden, and their private employer, Eastern Health Care Group, Inc. (EHG). The court granted summary judgment for Ashman and Golden on the § 1983 claims, citing lack of evidence, but denied it for Rampe, EHG, and the County due to remaining factual disputes regarding Rampe's involvement and EHG's potential state actor status. All state whistleblower claims were dismissed as plaintiffs complained about a third party (DMH), not their direct employer. EHG's motion for attorneys' fees and Rule 11 sanctions was denied, as Menon's claim was not deemed frivolous.

Civil Rights (42 U.S.C. § 1983)Whistleblower ProtectionWrongful TerminationSummary JudgmentFirst AmendmentMunicipal LiabilityState Actor DoctrineIndependent Contractor LiabilityCorrectional HealthcareOrange County
References
27
Case No. ADJ11233967
Regular
Feb 07, 2019

DANIEL AIKIN vs. COUNTY OF ORANGE SHERIFF'S DEPARTMENT

The defendant, County of Orange Sheriff's Department, sought reconsideration of an award granting full salary in lieu of temporary disability benefits to a supervising deputy coroner, Daniel Aikin, for a knee injury. The department argued Aikin's position is not explicitly listed in Labor Code section 4850 and his duties do not clearly constitute active law enforcement. However, the Appeals Board affirmed the award, finding that Aikin, as a sworn peace officer with P.O.S.T. certification, engages in hazardous duties at crime scenes, carries law enforcement emblems, and has performed arrests, thus his functions fall within the scope of active law enforcement service. Therefore, the petition for reconsideration was denied.

Labor Code section 4850Supervising Deputy CoronerActive Law EnforcementSworn Peace OfficerP.O.S.T. CertificationCumulative Trauma InjuryLeft KneeTemporary DisabilitySalary ContinuationPetition for Reconsideration
References
2
Case No. 2021 NY Slip Op 00063 [190 AD3d 1052]
Regular Panel Decision
Jan 07, 2021

Matter of Hamill v. Orange County Sheriff's Dept.

Claimant Scott Hamill sustained a back injury in 2008 while working as a sergeant supervisor. He retired in 2017 and sought reduced earnings benefits, alleging his retirement was partly due to the injury. The employer disputed this, arguing his retirement was voluntary. A Workers' Compensation Law Judge found no causal link between his retirement and disability, but noted reattachment to the labor market. The Workers' Compensation Board modified, finding insufficient evidence of a nexus between the injury and reduced earnings, thus denying the award. The Appellate Division, Third Department, affirmed the Board's decision, concluding that substantial evidence supported the finding that claimant's reduced earnings were not attributable to his disability, considering his voluntary retirement and continued ability to perform administrative work.

Workers' CompensationReduced EarningsVoluntary RetirementLabor Market ReattachmentBack InjuryEarning CapacitySubstantial EvidenceAppellate ReviewDisability BenefitsSheriff's Department
References
6
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. ADJ9105445
Regular
Dec 01, 2009

CHARLES STUMPH vs. COUNTY OF ORANGE, SHERIFF'S DEPARTMENT

This case concerns a clerical error in a prior Workers' Compensation Appeals Board (WCAB) opinion. The error involved misidentifying a defendant in the initial sentence of a paragraph. The WCAB has issued an order correcting this clerical error to accurately reflect that the applicant, Charles Stumph, entered into a compromise and release agreement with the County of Orange Sheriff's Department. This correction was made without granting further reconsideration, as such errors can be amended at any time. The Board's original decision rescinded the administrative law judge's findings and approved the compromise and release agreement.

Workers' Compensation Appeals BoardClerical ErrorReconsiderationLabor Code Section 132aFindings of Fact and OrderCompromise and ReleaseWCJWCAB Rule 10882Labor Code Section 5001Labor Code Section 5002
References
2
Case No. MISSING
Regular Panel Decision

Vazquez v. Orange County Rehabilitation Center

Plaintiff's ward was allegedly sexually assaulted by defendant Lewis while engaged in piecework at a sheltered workshop operated by Occupations. Defendants Occupations and Lewis asserted workers' compensation coverage as affirmative defenses. The court held that claims occurring before July 22, 1989, when Mental Hygiene Law § 33.09 (c) excluded sheltered workshop participants from workers' compensation, are not subject to the defense. For claims after July 22, 1989, when the law was amended to allow coverage if elected, the issue of workers' compensation coverage is referred to the Workers' Compensation Board. Defendant Orange County Department of Mental Health's motion for summary judgment was granted due to lack of evidence linking them to the incident or supervision of Occupations.

sexual assaultsheltered workshopworkers' compensationsummary judgmentaffirmative defensestatutory constructionjurisdictionMental Hygiene Lawamendmentnegligence
References
11
Case No. 525286
Regular Panel Decision
Dec 06, 2018

Matter of Karam v. Rensselaer County Sheriff's Dept.

James J. Karam, a former Lieutenant with the Rensselaer County Sheriff's Department, appealed decisions by the Workers' Compensation Board that denied his claim for benefits, ruling he did not suffer a causally-related mental injury. Karam alleged work-related posttraumatic stress disorder and major depressive disorder stemming from a stressful and discriminatory work environment. The Board affirmed the disallowance, concluding Karam did not experience stress beyond that of a normal work environment and finding his testimony incredible. The Appellate Division affirmed the Board's decisions, upholding its factual findings and credibility assessments, and finding no error in the denial of reconsideration.

Mental InjuryPosttraumatic Stress DisorderMajor Depressive DisorderWorkplace StressCredibility AssessmentAppellate ReviewWorkers' Compensation Board DecisionAdministrative LawEmployment DiscriminationHarassment Claims
References
14
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