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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 Saint Vincent's Catholic Medical Centers

St. Vincents Catholic Medical Centers of New York, a Chapter 11 debtor, objected to a $48.75 million claim filed by the New York State Department of Labor under the N.Y. WARN Act. The core issue was whether the bankruptcy court or an administrative proceeding by the Department of Labor was the appropriate forum to liquidate this claim. The Department of Labor argued for its administrative proceeding, citing the 'police powers' exception to the automatic stay, and also requested a determination by the Commissioner on certain issues. The Debtors contended the bankruptcy court had jurisdiction due to the proof of claim being filed. The court found it had core jurisdiction to determine the allowance and amount of the claim, declining to defer to another forum, especially given multiple related WARN claims. The court also denied the Debtors' request for an injunction, stating it was not properly brought as an adversary proceeding.

BankruptcyChapter 11WARN ActJurisdictionClaim LiquidationAutomatic StayPolice Powers ExceptionInjunctionCore ProceedingProof of Claim
References
13
Case No. MISSING
Regular Panel Decision

Hobbs v. Lavine

Petitioner's home relief assistance was discontinued by the New York City Department of Social Services based on a finding that she was fully employed. This determination was affirmed by the respondent after a hearing. The court found that the respondent's determination was not supported by substantial evidence, as the city agency's evidence consisted only of two vague case-record entries. Consequently, the application was granted, and the determination was annulled, with petitioner's assistance directed to be reinstated retroactively.

Home ReliefPublic AssistanceSocial ServicesEmployment StatusSubstantial EvidenceArticle 78 CPLRAdministrative ReviewRetroactive BenefitsDiscontinuation of Benefits
References
2
Case No. MISSING
Regular Panel Decision

Howard v. New York Times

This case concerns a motion seeking leave to appeal from an Appellate Division order, which had affirmed a Workers' Compensation Board determination. The Board's determination denied an application for reconsideration and/or full Board review. The motion for leave to appeal, insofar as it pertained to the Board's denial of reconsideration, was dismissed on the grounds that this portion of the order did not constitute a final determination within the meaning of the Constitution. The remaining aspects of the motion for leave to appeal were denied.

Motion PracticeLeave to AppealAppellate ReviewWorkers' CompensationBoard ReviewReconsiderationJurisdictionFinality of OrderConstitutional LawDismissal
References
3
Case No. MISSING
Regular Panel Decision
Jan 26, 1982

Hodge v. D'Elia

This case involves a proceeding under CPLR article 78 to review a determination by the State Commissioner of Social Services. The determination affirmed a local agency's decision to reduce the petitioner's public assistance grant. This reduction was for the recoupment of income tax refunds and workers' compensation benefits received by the petitioner. Although the court agreed that the petitioner willfully withheld information, it found that the respondents failed to evaluate if the recoupment rate would cause undue hardship. Consequently, the court annulled the determination and remitted the matter for further proceedings to assess undue hardship.

Public AssistanceRecoupmentIncome Tax RefundsWorkers' Compensation BenefitsUndue HardshipCPLR Article 78Administrative ReviewFair HearingAnnulmentRemittal
References
1
Case No. MISSING
Regular Panel Decision

Wilson v. Selsky

The petitioner, a prison inmate, initiated a CPLR article 78 proceeding to challenge three separate determinations that found him guilty of violating prison disciplinary rules during his participation in a work release program. The first determination involved taking unapproved cash loans from a co-worker, supported by bank records and parole officer testimony, despite the petitioner's denials. The second determination concerned altering his work schedule without parole officer approval, substantiated by time sheets and employer testimony. The third determination accused him of unauthorized driving, which was supported by witness testimony. The court confirmed all determinations and dismissed the petition, finding them supported by substantial evidence and rejecting the petitioner's claims of procedural errors, prejudice, and bias.

prison disciplinary ruleswork release programunapproved loansaltered work scheduleunauthorized drivingsubstantial evidencehearsay evidencecredibilityprocedural errorsdue process
References
2
Case No. MISSING
Regular Panel Decision

Connelly v. Griffin

The court confirmed the disciplinary determination against the petitioner. The determination of guilt was based on the recreation worker's testimony regarding threatening statements made by the petitioner in the gym, which the worker perceived as directed at him due to a prior disagreement. The petitioner's and inmate witnesses' contrary testimony created a credibility issue for the Hearing Officer. Furthermore, the court rejected the petitioner's claim of res judicata, clarifying that a previous disciplinary determination, arising from a guilty plea for abusive statements made to the recreation worker on a different day, was a separate incident and thus had no preclusive effect on the current disciplinary action. The petition was ultimately dismissed.

inmate disciplinedisciplinary hearingthreatening statementscredibility issueres judicatacorrectional facilitiesadministrative determinationappellate reviewevidence
References
6
Case No. ADJ9242952, ADJ9242953
Regular
Mar 08, 2018

KERRINA CRAGUN vs. VARGO PHYSICAL THERAPY, INC., TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA

This case involves the applicant's petition for reconsideration of a Workers' Compensation Appeals Board (WCAB) decision that excluded several key exhibits. The WCAB granted reconsideration to re-examine the admissibility of evidence, specifically concerning Utilization Review (UR) and Independent Medical Review (IMR) determinations. The WCAB affirmed the original award but amended it to defer rulings on exhibit admissibility and the validity of the July 19, 2016 UR determination. The matter is returned to the WCJ for further proceedings on these deferred issues.

Workers Compensation Appeals BoardPetition for ReconsiderationJoint Findings Award OrdersWorkers Compensation Administrative Law JudgeUtilization ReviewIndependent Medical ReviewRequest for AuthorizationLabor Code Section 5814.5Stipulations With Request for AwardPenalties
References
5
Case No. MISSING
Regular Panel Decision

Greece Support Service Employees Ass'n v. Public Employment Relations Board

This case concerns an appeal regarding the proper application of Civil Service Law § 209-a (1) (e) to salary provisions in an expired collective bargaining agreement between an unnamed petitioner and the Greece Central School District. The agreement, from July 1992 to June 1995, included cost-of-living adjustments for salary schedules during its term. After the agreement expired, the District continued existing salary schedules but ceased further cost-of-living adjustments for 1995-1996, prompting the petitioner to file an improper practice charge. The Public Employment Relations Board (PERB) reversed an Administrative Law Judge's decision, concluding that the agreement did not mandate continued cost-of-living adjustments post-expiration. The Supreme Court dismissed the petitioner's subsequent CPLR article 78 petition seeking annulment of PERB's determination. The Appellate Division affirmed the Supreme Court's judgment, deferring to PERB's expertise and finding its interpretation that the adjustments were limited to the agreement's term to be reasonable and legally permissible.

Collective Bargaining AgreementSalary AdjustmentCost-of-Living AdjustmentPublic EmployerImproper Practice ChargeCivil Service LawPublic Employment Relations BoardJudicial ReviewCPLR Article 78Statutory Interpretation
References
6
Case No. ADJ10544763
Regular
Oct 25, 2019

DAVID JENSEN vs. CITY OF ORANGE

The Workers' Compensation Appeals Board granted reconsideration to defer issues of industrial injury to the shoulders, knees, and hypertension. The Board also deferred the determination of permanent disability, finding the medical evidence insufficient to establish a permanent and stationary condition, especially given pending surgeries. Further proceedings will require a new medical evaluation addressing specific orthopedic impairments and apportionment to the cervical spine. Finally, the Board will require a determination of the Labor Code section 5412 date of injury.

Petition for ReconsiderationAmended Findings and AwardWorkers' Compensation Appeals BoardIndustrial InjuryCervical SpineLumbar SpineCoronary Heart DiseaseCarpal Tunnel SyndromeSkin CancerPermanent Disability
References
1
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
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