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

Case No. CA 13-01106
Regular Panel Decision
Feb 07, 2014

MONROE COUNTY DEPUTY SHERIFF'S, MTR. OF

Petitioner, a bargaining representative for Deputy Sheriffs, sought to vacate an arbitration award that denied a grievance concerning holiday pay for five members on July 4, 2011. The Deputy Sheriffs were granted the day off with pay but were not compensated for their regular shifts in addition to the holiday pay, which petitioner alleged violated their collective bargaining agreement and Military Law § 249. The arbitrator denied the grievance, concluding that neither the CBA nor Military Law § 249 mandated the additional payment. The Supreme Court confirmed the arbitration award. The Appellate Division affirmed the lower court's decision, finding the arbitrator did not exceed his authority, his construction of the CBA was not irrational, and the award did not violate public policy.

Arbitration AwardCollective Bargaining AgreementHoliday Pay DisputeMilitary Law BenefitsGrievance DenialDeputy SheriffsPublic PolicyVacate ArbitrationAppellate ReviewLabor Relations
References
6
Case No. MISSING
Regular Panel Decision

In re Arbitration Between Monroe County Deputy Sheriffs' Ass'n & Monroe County

The petitioner, representing Deputy Sheriffs, challenged an arbitration award concerning holiday pay. Five Deputy Sheriffs, scheduled to work on July 4, 2011, received only eight hours of holiday pay despite being granted the day off, not their regular shift pay plus holiday pay. The petitioner argued that the collective bargaining agreement and Military Law § 249 mandated additional payment. The arbitrator denied the grievance, concluding neither required the additional payment. The Supreme Court confirmed this award, and the appellate court affirmed, finding no excess of arbitral power, no irrational construction of the CBA, and no violation of public policy.

Collective Bargaining AgreementGrievanceArbitration AwardPublic PolicyMilitary LawHoliday PayDeputy SheriffsCPLR Article 75AffirmanceAppellate Review
References
6
Case No. MISSING
Regular Panel Decision

In re the Arbitration between Monroe County Deputy Sheriff's Ass'n & Monroe County/Monroe County Sheriff

This case involves an appeal from an order of the Supreme Court, Monroe County, which had denied a petition to confirm an arbitration award and granted a cross-petition to vacate it. The arbitration award mandated that Monroe County provide firearms and training to its deputies in the Civil Bureau of the Monroe County Sheriff's office. The Supreme Court had ruled that the award contravened public policy by infringing upon the Sheriff's discretionary authority under Judiciary Law § 400. However, the appellate court disagreed, concluding that the public policy exception did not meet the stringent criteria for overturning an arbitration award. Consequently, the appellate court reversed the Supreme Court's order, thereby confirming the original arbitration award and denying the cross-petition.

Arbitration AwardPublic Policy ExceptionCollective Bargaining AgreementMonroe County SheriffCivil Bureau DeputiesFirearms TrainingHealth and SafetyAppellate Court DecisionVacating Arbitration AwardConfirming Arbitration Award
References
4
Case No. MISSING
Regular Panel Decision

Billings v. County of St. Lawrence

The petitioner, an unnamed Deputy Sheriff and correction officer for the St. Lawrence County Sheriff’s Department, was terminated after a disciplinary hearing. He was found guilty of unprofessional conduct for inappropriately delivering tobacco to an inmate and for lying during the subsequent investigation, though not for causing an inmate disturbance. Despite a Hearing Officer's recommendation for a two-month suspension, the Undersheriff of St. Lawrence County opted for termination, effective April 22, 1987. The court, in this CPLR article 78 proceeding, confirmed the determination, finding the evidence sufficient and the termination penalty not excessive given the serious nature of the misconduct in a prison setting and the petitioner's relatively short, unblemished service record.

MisconductTerminationDeputy SheriffCorrection OfficerInmate ConductDisciplinary ActionSubstantial EvidencePenalty ReviewUnprofessional ConductLack of Candor
References
2
Case No. MISSING
Regular Panel Decision

Cady v. Andrews

Gerald A. Cady, a Broome County Deputy Sheriff, suffered injuries in a patrol car accident in 1979. He and his wife sued Sheriff Andrews and the County of Broome for negligence in vehicle maintenance. Defendants moved for summary judgment, citing the Workers' Compensation Law and constitutional immunity for the county. The court granted the motion, dismissing the complaint against the county due to constitutional immunity and the inapplicability of Vehicle and Traffic Law § 388 to police vehicles. The action against Sheriff Andrews was also dismissed, with the court finding the Workers' Compensation Law to be a bar given the deputy's effective joint employment.

Workers' CompensationGovernmental ImmunityVicarious LiabilitySheriff's DepartmentPolice VehiclesVehicle and Traffic LawConstitutional LawEmployment StatusSummary Judgment
References
14
Case No. MISSING
Regular Panel Decision

Mitchell v. Essex County Sheriff's Department

Petitioner, a Deputy Sheriff, was denied an unconditional return to work after claiming medical instability and being diagnosed with bipolar disorder. He filed a CPLR article 78 petition seeking to compel compliance with Civil Service Law § 72 and restore benefits, arguing his disability was occupational. The Supreme Court dismissed the petition, ruling that mandamus to compel did not apply as Civil Service Law § 72 excludes occupational injuries, and the proceeding was barred by the statute of limitations. The appellate court affirmed the dismissal, concurring that Civil Service Law § 72 was inapplicable and the action was untimely.

Workers' CompensationCPLR Article 78Civil Service LawGeneral Municipal LawMandamusStatute of LimitationsBipolar DisorderMental DisabilityOccupational InjurySheriff's Department
References
8
Case No. MISSING
Regular Panel Decision
Dec 07, 1987

Claim of Gibbs v. Orange County Sheriff's Department

This case involves an appeal from a Workers' Compensation Board decision which initially ruled that a Deputy Sheriff's death by 'Russian Roulette' was an accidental injury sustained in the course of his employment, thus awarding benefits to the claimant's decedent. The decedent, a newly appointed Deputy Sheriff, died on duty after intentionally playing Russian Roulette with his service revolver. The Board's rationale was that the death stemmed from the decedent's miscalculation of the revolver's action due to incomplete weapons training. However, the appellate court reversed this decision, concluding that the evidence was insufficient to link the death to employment. The court found that the decedent's act constituted a substantial deviation from his employment duties, classifying it as an intentional and highly dangerous game rather than a playful prank or momentary curiosity, and thus deemed it not compensable. The claim was subsequently dismissed.

Russian RouletteDeputy SheriffWorkers' CompensationScope of EmploymentIntentional MisconductDeviation from DutySelf-Inflicted InjuryWeapons TrainingFatal AccidentNew York Appellate Division
References
12
Case No. 2017 NY Slip Op 06487 [153 AD3d 1453]
Regular Panel Decision
Sep 14, 2017

Matter of Collins v. Montgomery County Sheriff's Dept.

Claimant Kevin P. Collins, a deputy sheriff, sustained a work-related right knee injury in November 2011, leading to an established workers' compensation claim and disability benefits. The self-insured employer paid full weekly wages during the disability period (November 29, 2011, to May 30, 2012) and filed a timely reimbursement request. The parties stipulated that claimant had a 21% schedule loss of use of his right leg and that the employer could "take credit for all prior payments." Claimant sought a hearing to determine if the employer was entitled to full reimbursement from the schedule award or if a late payment penalty should be imposed for underpayment. The Workers' Compensation Law Judge and the Board affirmed the employer's right to full reimbursement, finding the stipulation's language unambiguous and consistent with Workers' Compensation Law § 25 (4) (a). The Appellate Division affirmed the Board's decision, concluding that the Board's interpretation of the stipulation was supported by substantial evidence and that the employer had not waived its right to reimbursement.

ReimbursementAdvance PaymentsSchedule Loss of UseStipulationEmployer CreditDisability BenefitsJudicial ReviewAppellate DivisionStatutory InterpretationTimely Claim
References
9
Case No. ADJ9098975
Regular
May 16, 2025

SHELLY REESE vs. COUNTY OF KERN, KERN COUNTY SHERIFF, SHERIFF'S RESERVE ASSOCIATION, UNINSURED EMPLOYERS BENEFITS TRUST FUND

Shelly Reese, a reserve deputy for the County of Kern, was injured during a motocross demonstration at the 2013 Stampede Days, an annual fundraising event for the Sheriff's Department. The Workers' Compensation Appeals Board (WCAB) granted reconsideration to determine if Reese was an employee under the Workers' Compensation Act. The WCAB found that Reese established a presumption of employment due to receiving remuneration in the form of training and uniforms, therefore overriding the public agency volunteer exclusion. Concluding she was performing peace officer duties, the Board rescinded the prior finding of her as a professional athlete and reclassified her employment as a Peace Officer, Occupational Group Number 490.

Workers' Compensation Appeals BoardReconsiderationReserve DeputyStampede DaysMotocross DemonstrationProfessional AthletePeace OfficerLabor Code Sections 335133573352(a)(9)
References
14
Case No. MISSING
Regular Panel Decision

Leone v. Oneida County Sheriff's Department

Claimant, a Deputy Sheriff employed by Oneida County Sheriffs Department, sustained a line-of-duty injury. He received full wages and medical expenses under General Municipal Law § 207-c. Additionally, he filed a claim with the State Workers’ Compensation Board and was awarded partial wage replacement benefits and a schedule award. The County, which was self-insured, received credit for wages paid but was denied credit for medical expenses against the schedule award. The County appealed, arguing that Workers’ Compensation Law § 30 (3) authorized such a credit. Both the Appellate Division and this court affirmed the Board's decision, finding that granting a credit for medical expenses against a schedule award would not further the legislative purpose of preventing duplication of salary benefits and would lead to an anomalous disadvantage for employees.

Schedule AwardGeneral Municipal Law 207-cWorkers' Compensation Law 30(3)Medical Expense CreditTemporary Total DisabilityPermanent Partial DisabilityBenefit DuplicationSelf-Insured CountyDeputy Sheriff InjuryAppellate Review
References
2
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