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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

Pierre v. Crown Fire Protection Corp.

This case involves appeals by Crown Fire Protection Corp. and PEM All Fire Extinguisher Corp. from a Supreme Court order denying their motions for summary judgment to dismiss a wrongful death complaint asserted against them. The New York City Transit Authority also cross-appealed the denial of its motion for summary judgment seeking to dismiss third-party complaints filed against it. The appellate court dismissed the appeals of Crown and PEM as withdrawn. Furthermore, the order was modified to grant the Transit Authority's cross-motion for summary judgment, thereby dismissing the third-party complaint of Crown Fire Protection Corp. The court determined that Crown's work, which involved delivery and installation of fire extinguisher devices, did not fall under the categories described in General Obligations Law § 5-322.1. Finally, the decision clarified that a recent amendment to Workers' Compensation Law § 11, which limits third-party suits against employers, would not be applied retroactively to pending actions.

Wrongful Death DamagesSummary Judgment DenialThird-Party IndemnificationGeneral Obligations Law ViolationsWorkers' Compensation AmendmentsStatutory Non-RetroactivityContractual IndemnityConstruction vs. InstallationAppellate ModificationDismissal of Appeals
References
3
Case No. MISSING
Regular Panel Decision

McClernon v. Beaver Dams Volunteer Fire Department, Inc.

Plaintiff Michael J. McClernon, Sr., a former President of the Beaver Dams Volunteer Fire Department, sued the Department under 42 U.S.C. § 1983, claiming his civil rights were violated when he was suspended and expelled. McClernon alleged retaliation for exercising his freedom of speech after writing a letter to the U.S. Fire Administration, complaining about unequal grant money distribution and alleging misuse of funds by other fire departments. The court found that while his speech touched on public concern, it had a damaging effect on inter-departmental relations and caused disruption within the Beaver Dams Department. Consequently, the court granted summary judgment to the defendant, concluding that the department was justified in expelling McClernon due to the detrimental impact of his speech.

Civil RightsFirst AmendmentFreedom of SpeechRetaliationPublic EmployeeVolunteer Fire DepartmentSummary JudgmentPublic ConcernInter-organizational CooperationWorkplace Disruption
References
20
Case No. ADJ7671718
Regular
Nov 28, 2011

BOB BUHRLE vs. COUNTY OF SAN BERNARDINO FIRE DEPARTMENT, State of California Department of Forestry & Fire Protection (CDF), State Compensation Insurance Fund/State Contract Services (SCIF)

The Workers' Compensation Appeals Board dismissed a petition for reconsideration filed by the County of San Bernardino Fire Department (CDF) and its insurer. The Board found that the order joining CDF and State Compensation Insurance Fund (SCIF) as defendants was not a "final" order, and thus not subject to reconsideration. Furthermore, the Board denied the petition for removal, as CDF and SCIF failed to demonstrate substantial prejudice or irreparable harm. They also did not show that reconsideration would be an inadequate remedy if an adverse decision were ultimately issued.

Petition for ReconsiderationDenial of RemovalFinal OrderInterlocutory OrderSubstantive RightLiabilityJoining Party DefendantExtraordinary RemedySubstantial PrejudiceIrreparable Harm
References
8
Case No. 01CV6456 (ADS)(ARL)
Regular Panel Decision
Aug 23, 2002

Arena v. DEPARTMENT OF SOCIAL SERVICES OF NASSAU

Glen Arena, a pro se plaintiff, filed a civil rights lawsuit under 42 U.S.C. § 1983 against the Department of Social Services of Nassau County, its employees, a Family Court Justice, and attorneys. Arena alleged violations of his due process and equal protection rights stemming from state Family Court proceedings regarding the custody and visitation of his son. The United States District Court for the Eastern District of New York dismissed counts one, two, and three based on the Rooker-Feldman doctrine and the Younger abstention doctrine, citing a lack of federal court jurisdiction to review state court judgments. Additionally, the court granted Judge Richard S. Lawrence absolute judicial immunity and dismissed all claims against him. Claims against defendant Edward Emanuele, a law guardian, were dismissed because he was not a state actor for purposes of Section 1983, and conspiracy allegations against him were found to be vague. The case was closed against most defendants, leaving only Genna Currie.

Civil RightsDue ProcessEqual ProtectionRooker-Feldman DoctrineYounger Abstention DoctrineJudicial ImmunityState ActorFamily LawChild CustodyVisitation Rights
References
69
Case No. ADJ17388371
Regular
Sep 25, 2025

Doug McCullough vs. Modesto Fire Department, Salida Fire Protection Department District

The defendant, Modesto Fire Department, sought reconsideration of a June 12, 2025, Findings of Fact and Order which imposed two penalties on them for unreasonably delayed benefits to the applicant under Labor Code Section 5814.3. The Appeals Board denied the Petition for Reconsideration, adopting the Workers' Compensation Judge's report. The Board concluded that the defendant had sufficient information to apply the presumption of industrial causation under Labor Code Section 3212.1 and unreasonably denied both inter vivos and death claims, thereby warranting the penalties. The decision also noted a failure to provide accurate notice of case transmission to the Appeals Board as required by Labor Code section 5909(b)(1).

WCABPetition for ReconsiderationLabor Code Section 5909TransmissionSixty-Day PeriodNotice of TransmissionElectronic Adjudication Management System (EAMS)Report and RecommendationFindings of Fact and OrderLabor Code Section 5814.3
References
0
Case No. MISSING
Regular Panel Decision
Apr 18, 2006

Claim of Mayette v. Village of Massena Fire Department

A firefighter for the Village of Massena Fire Department, exposed to xylene fumes and severe sunburns in 1989, developed basal cell carcinoma and psychological conditions, leading him to file for workers' compensation in 2002. Although a Workers' Compensation Law Judge (WCLJ) initially found prima facie evidence, an independent medical examination report was later precluded. Subsequent decisions by a WCLJ and the Workers' Compensation Board found no causal link between the claimant's exposure and his disability, deeming the treating physician's testimony speculative. The appellate court affirmed, concluding that the Board's determination was supported by substantial evidence and that the claimant failed to prove causation with competent medical evidence, upholding the rejection of speculative expert opinions.

chemical exposurexylenebasal cell carcinomaskin canceroccupational diseasemedical causationspeculative testimonyexpert witnessappellate reviewfirefighter
References
11
Case No. MISSING
Regular Panel Decision
Aug 18, 2015

Dechberry v. New York City Fire Department

Plaintiff Eileen Dechberry, representing herself, commenced this action against the New York City Fire Department (FDNY), alleging employment discrimination based on gender and disability, retaliation, and a hostile work environment under Title VII, ADA, and the New York City Human Rights Law, as well as wrongful termination without due process. The defendant moved to dismiss the complaint for failure to state a claim. The court dismissed all claims, finding those prior to July 13, 2012, barred by a previous settlement and general release, and those prior to August 21, 2012, as time-barred. The remaining claims for discrimination, retaliation, and hostile work environment were dismissed for failing to provide plausible factual allegations. The due process claim was also dismissed because an Article 78 proceeding in state court offers an adequate post-deprivation remedy. The plaintiff was granted 14 days to file an amended complaint, excluding the claims already barred or dismissed with prejudice.

Employment DiscriminationTitle VIIADANYCHRLMotion to DismissStatute of LimitationsSettlement AgreementGeneral ReleaseRetaliationHostile Work Environment
References
133
Case No. MISSING
Regular Panel Decision

New York Times Co. v. City of New York Fire Department

Petitioners, the New York Times Company and Jim Dwyer, initiated a CPLR article 78 proceeding and declaratory judgment action seeking the disclosure of records from the Fire Department of the City of New York (FDNY) under the Freedom of Information Law (FOIL), related to the events of September 11, 2001. Their request included oral histories of FDNY personnel and radio communications. The FDNY denied parts of the request, citing exemptions for law enforcement purposes, intra-agency materials, and personal privacy. The court ruled that the FDNY failed to demonstrate the applicability of the law enforcement exemption. Consequently, the court ordered the disclosure of factual portions of the oral histories, the 911 tapes and transcripts of family members who waived privacy, and non-intra-agency parts of operator, dispatcher, and unit communications, while denying petitioners' request for attorneys' fees.

Freedom of Information LawFOILPublic RecordsSeptember 11World Trade CenterFDNYOral HistoriesRadio CommunicationsPrivacy ExemptionLaw Enforcement Exemption
References
14
Case No. ADJ11329391, ADJ13022586
Regular
Dec 11, 2020

Richard Mancha vs. California Department of Forestry and Fire Prevention, STATE COMPENSATION INSURANCE FUND

This case involves a firefighter, Richard Mancha, who claimed injury to his heart, memory, and cognitive abilities. Both the applicant and the defendant Department of Forestry and Fire Prevention appealed an earlier award. After reconsideration, the parties reached a Compromise and Release agreement for $150,000, which the Board found adequate and in the applicant's best interest. The Board rescinded the prior Findings and Award and approved the settlement.

Workers' Compensation Appeals BoardRichard ManchaCalifornia Department of Forestry and Fire PreventionLegally UninsuredState Compensation Insurance FundADJ11329391ADJ13022586Opinion and Decision After Reconsiderationapparatus/engineer fire fighterheart trouble presumption
References
2
Case No. MISSING
Regular Panel Decision

New York City Department of Environmental Protection v. New York City Civil Service Commission

The New York City Department of Environmental Protection (DEP) filed an Article 78 petition seeking to annul a determination by the New York City Civil Service Commission. The Commission had reversed an Administrative Law Judge's decision which sustained misconduct charges against respondent John Daly for striking a co-worker and threatening him. DEP argued the Commission improperly reassessed witness credibility, violating its mandate under Civil Service Law § 76 (2). The court confirmed the Commission's determination, finding that despite an improper transfer under CPLR 7804 (g), the Commission's decision was not arbitrary given the contradictory testimony, thus dismissing the petition.

Administrative LawArticle 78Judicial ReviewCivil Service LawPublic Employee MisconductCredibility AssessmentAgency DeterminationAppellate CourtArbitrary and Capricious StandardDue Process
References
4
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