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

Case No. NO. 03-05-00031-CV
Regular Panel Decision
Dec 08, 2005

Texas Department of Assistive and Rehabilitative Services, Successor in Interest to the Former Texas Rehabilitation Commission v. Richard Howard

Richard Howard, a unit manager at the Texas Department of Assistive and Rehabilitative Services, reported alleged illegal practices to the State Auditor’s Office (SAO). Howard claimed his superiors retaliated against him by rating him below standard on performance appraisals and denying promotions and merit pay increases. He sued under the Whistleblower Act, and a jury awarded him damages, costs, and attorney's fees. The Department appealed, challenging the sufficiency of evidence regarding Howard's good faith report, appropriate authority, causation, and damages. The Court of Appeals affirmed the trial court's judgment, finding sufficient evidence to support the jury's verdict that Howard made a good faith report to an appropriate authority and that his report caused the adverse actions.

Whistleblower ActRetaliationPublic EmployeeState Auditor’s OfficePerformance AppraisalMerit PayPromotion DenialDamagesCausationGood Faith Report
References
20
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. MISSING
Regular Panel Decision

Texas Department of Assistive and Rehabilitative Services, Successor in Interest to the Former Texas Rehabilitation Commission v. Richard Howard

Richard Howard, a unit manager with the Texas Department of Assistive and Rehabilitative Services, reported several alleged legal violations by his employer to the State Auditor’s Office. Howard subsequently experienced retaliation, including denial of promotions and merit pay increases, which he attributed to his whistleblowing activities. He successfully sued the department under the Whistleblower Act, and a jury awarded him damages. The Department appealed the verdict, challenging the sufficiency of the evidence on multiple grounds, including good faith reporting, appropriate authority, causation, and damages. The appellate court affirmed the trial court's judgment, concluding that the evidence was legally and factually sufficient to support the jury's findings.

Whistleblower ActPublic Employee RetaliationPerformance EvaluationEmployment DiscriminationState Auditor's OfficeGood Faith ReportCausal LinkEconomic DamagesAppellate ReviewJury Verdict
References
20
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

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

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. M2023-00812-COA-R3-CV
Regular Panel Decision
Aug 26, 2024

Stephanie Garner v. State of Tennessee, and its agency, Tennessee Department of Correction

Plaintiff Stephanie Garner sued the State of Tennessee and its agency, the Tennessee Department of Correction, alleging disability discrimination for refusal to hire. A jury found in Garner's favor, awarding $10,000 for lost wages and $5,000 in compensatory damages. Garner's counsel then sought nearly $700,000 in attorney fees, which the trial court reduced by 25% to $511,620. The Department appealed the fee award, arguing it was excessive and based on an incorrect legal standard. The Court of Appeals vacated the attorney fee award and remanded the case, citing the trial court's failure to provide clear and thorough explanations for its decision based on the factors outlined in Tennessee Supreme Court Rule 8, RPC 1.5.

Disability DiscriminationAttorney FeesAppellate ReviewJudicial DiscretionTennessee Disability ActRule of Professional Conduct 1.5Excessive BillingVacate and RemandProportionality ArgumentLegal Standards
References
68
Case No. 06-13-00103-CV
Regular Panel Decision
Jul 16, 2014

the Fannin County Community Supervision and Corrections Department v. Glenda Spoon

The Fannin County Community Supervision and Corrections Department appeals the denial of its plea to the jurisdiction in a whistleblower action filed by its former employee, Glenda Spoon. Spoon alleged she was terminated for reporting various violations of law, including illegal campaigning and embezzlement, to the District Attorney. The Department claims Spoon's reports were not made in good faith and that she was terminated for failing to follow orders regarding a client's SAFPF admission and the chain of command. The court affirmed the trial court's denial of the plea, finding Spoon raised sufficient fact issues regarding her good-faith belief of reported violations and a causal link between her report and termination. The court identified a Fannin County Personnel Policy Manual section as a 'law' implicated by Spoon's report.

Whistleblower ActPublic Employee RetaliationSovereign Immunity WaiverPlea to the JurisdictionFannin CountyCommunity Supervision and Corrections DepartmentIllegal CampaigningEmbezzlement AllegationsTexas Government CodePersonnel Policy Violation
References
41
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