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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

Stephenson v. Hotel Employees & Restaurant Employees Union Local 100

This is a dissenting opinion concerning an age discrimination lawsuit brought by Albert Stephenson and Leroy Hodge against the Hotel Employees and Restaurant Employees Union Local 100 and the Hotel Employees and Restaurant Employees International Union. The plaintiffs were fired in 1992, and a jury found in their favor, awarding substantial damages. The majority opinion reversed this verdict, but the dissenting judge, Mazzarelli, argues that the evidence presented at trial was legally sufficient to support the jury's finding of age discrimination. The dissent reviews the trial proceedings, jury instructions, evidentiary rulings, and damage awards, concluding that the jury had a rational basis for its decision. While affirming liability, the dissent suggests remanding the case for a collateral source hearing to determine potential offsets to the damages.

Age DiscriminationEmployment LawWrongful TerminationJury VerdictAppellate ReviewLegal SufficiencyBurden of ProofPretextDamagesFront Pay
References
22
Case No. MISSING
Regular Panel Decision

Klumb v. Houston Municipal Employees Pension System

The case involves a dispute over the Houston Municipal Employees Pension System (HMEPS) board's authority to define 'employee' for pension eligibility. Petitioners, former City of Houston employees transferred to a third-party entity (CCSI), sought retirement benefits or cessation of pension contributions, arguing they were no longer City employees. The pension board, however, determined these employees remained 'members' due to the City's effective control over their new employer. The trial court and court of appeals dismissed the suit for lack of subject-matter jurisdiction, citing the statutory preclusion of judicial review for HMEPS decisions. The Supreme Court of Texas affirmed, concluding that the pension board acted within its broad statutory authority and that the petitioners' ultra vires, equal protection, and due course of law claims were invalid as they lacked vested property rights in the pension benefits.

Pension LawStatutory InterpretationJudicial ReviewUltra ViresSovereign ImmunityEqual ProtectionDue Course of LawVested RightsMunicipal EmployeesOutsourcing
References
29
Case No. MISSING
Regular Panel Decision

Matter of La Mountain (Westport Dist)

Chief Judge Cooke's dissenting opinion argues that the majority misinterprets Labor Law section 590 by applying unemployment eligibility standards for professional employees to nonprofessional public school employees. Cooke asserts that nonprofessional employees, as members of collective bargaining units, should only be disqualified from summer unemployment benefits if they possess a *written collective bargaining contract* for continued employment, as stipulated by subdivision 11. The dissent criticizes the majority for accepting

Unemployment benefitsPublic school employeesNonprofessional employeesCollective bargainingStatutory interpretationLabor LawCivil Service LawContract lawReasonable assuranceLegislative intent
References
7
Case No. MISSING
Regular Panel Decision
May 12, 1988

Torres v. New York City Employees' Retirement System

The petitioner, a Rikers Island correction officer, sought to annul the New York City Employees’ Retirement System’s denial of his application for accident disability retirement benefits. The Supreme Court affirmed the dismissal of the petition, finding that the Medical Board and Board of Trustees' determination was neither arbitrary nor capricious. The court found that the petitioner's injuries occurred after he completed his tour of duty and signed out, while leaving the premises on a Correction Department bus, not in the actual performance of city service. This decision was based on Administrative Code of the City of New York § 13-168, which requires injury during city service for eligibility. The court also clarified that eligibility for workers’ compensation benefits was not binding on the Medical Board for accident disability benefits, referencing Administrative Code § 13-176 (c).

accident disability retirementRikers Island correction officercity serviceNew York City Employees’ Retirement SystemMedical BoardBoard of TrusteesCPLR Article 78workers' compensationadministrative coderetirement benefits
References
3
Case No. MISSING
Regular Panel Decision
Mar 17, 2003

Collins v. New York City Employees' Retirement System

Petitioner Odessa Collins, an employee of the City of New York Human Resources Administration, challenged NYCERS' denial of her application to purchase premembership retirement service credit for her employment at various day-care centers between 1970 and 1982. Collins argued that her service at HRA-licensed day-care centers, which were under contract with the City, should qualify for credit under Retirement and Social Security Law § 609. NYCERS denied the application, stating that day-care center employees were not on the city payroll and therefore not eligible for NYCERS membership or credit. The court upheld NYCERS' determination, finding it rational and not arbitrary or capricious, as Collins' employment was not

Retirement Service CreditPublic EmploymentDay Care CentersNYCERSPre-Membership ServiceCity PayrollParticipating EmployerArbitrary and CapriciousRational Basis ReviewAdministrative Law
References
11
Case No. 05-21-00466-CV
Regular Panel Decision
May 11, 2022

NCH Corporation and RPG Innovations, LLC v. ESI/Employee Solutions, LP

This case involves an appeal regarding the enforceability of an indemnity agreement between NCH Corporation and RPG Innovations, LLC (appellants) and ESI/Employee Solutions, LP and Employee Solutions Arlington, LLC (appellees). The dispute arose after an employee, Timothy Price, assigned by ES Arlington to RPG, suffered severe injuries while operating a forklift without proper certification. Price sued ES Arlington for negligence. Appellees sought indemnification from appellants based on their staffing agreement. The trial court granted appellees' motion for summary judgment, ordering appellants to indemnify them. However, the appellate court reversed, finding that the indemnity provision did not meet the express negligence test because appellees were seeking indemnification for their own alleged negligence. The court rendered judgment for appellants regarding attorney's fees and costs incurred in Price's lawsuit and remanded the remaining indemnification claims to the trial court.

Indemnity AgreementExpress Negligence TestSummary JudgmentWorkers' Compensation PolicyForklift AccidentStaffing AgreementNegligence ClaimsAttorney's FeesContractual IndemnificationAppellate Review
References
10
Case No. MISSING
Regular Panel Decision

Nassau Chapter of the Civil Service Employees Ass'n v. County of Nassau

The Nassau Chapter of the Civil Service Employees Association (CSEA) initiated an action against the County of Nassau, seeking a declaratory judgment regarding the proper salary plan for CETA-funded employees who transitioned to county-funded positions after January 1, 1977. CSEA contended that these workers, having commenced service prior to the cut-off date, were 'employees' under existing collective bargaining agreements and should remain on the 'Incremental Graded Salary Plan' (Plan A). The County argued they were 'new employees' after 1976, falling under the 'Non-Incremental Graded Salary Plan' (Plan B). The court reviewed the federal CETA legislation, the collective bargaining agreement, and the County's past conduct towards CETA workers, which consistently treated them as county employees with various benefits. Concluding that CETA workers qualified as 'employees' from their initial service date, the court ruled in favor of CSEA. The decision mandates that these workers be continued under Plan A, citing principles of statutory parity, established case law, and the policy goals of the CETA program for upward mobility.

Collective BargainingSalary PlansCETA ProgramPublic EmploymentEmployee RightsDeclaratory JudgmentCivil Service LawUnion RepresentationStatutory InterpretationGovernment Employees
References
2
Case No. MISSING
Regular Panel Decision

LIN Television Corp. v. National Ass'n of Broadcast Employees & Technicians—Communications Workers

Plaintiff LIN Television Corporation sought to vacate a labor arbitration award that reinstated employee Timothy Flynn after his termination for making threats. Defendants, National Association of Broadcast Employees and Technicians—Communications Workers of America, counter-claimed to enforce the award. The arbitration found no "just cause" for termination, converting it to a suspension and mandating a positive psychiatric evaluation for Flynn's return. The U.S. District Court, reviewing cross-motions for summary judgment, confirmed the arbitration award. The court ruled that the award drew its essence from the collective bargaining agreement and did not violate public policy regarding workplace safety, thereby denying the plaintiff's motion and granting the defendants' motion.

Labor DisputeArbitration AwardVacaturEnforcementWorkplace SafetyCollective Bargaining AgreementJust CauseEmployee TerminationMental Health EvaluationFederal Court Review
References
26
Case No. NO. 13-0515
Regular Panel Decision
Mar 20, 2015

John Klumb, Veronica McClelland, Vivian Montejano, John Gonzalez, Anita Robles, and Charmaine Pilgrim, on Behalf of Themselves and All Others Similarly Situated, and the City of Houston v. Houston Municipal Employees Pension System, Barbara Chelette, David L. Long, Lenard Polk, Roy Sanchez, and Lonnie Vara

This case concerns a dispute over the Houston Municipal Employees Pension System (HMEPS) and whether its board members violated the enabling statute by requiring petitioners' continued participation in the City of Houston's defined-benefit pension plan. The City attempted to remove a division of employees from the pension system by forming quasi-governmental entities. The pension board, however, determined these employees remained under the City's control and payroll, thus falling under the "employee" definition for HMEPS membership. Petitioners, including individual employees and the City of Houston, asserted ultra vires and constitutional claims, arguing the board unlawfully redefined "employee" and denied vested rights. The Supreme Court of Texas affirmed the lower court's judgment, finding the trial court lacked subject-matter jurisdiction because the pension board acted within its broad statutory authority in construing the term "employee" and the petitioners' constitutional claims were facially invalid as they lacked vested property rights in pension benefits or contributions.

Pension SystemEmployee DefinitionUltra ViresJudicial ReviewSovereign ImmunityTexas ConstitutionEqual ProtectionDue Course of LawVested RightsMunicipal Employees
References
30
Case No. MISSING
Regular Panel Decision

MATTER OF THEROUX v. Reilly

The New York State Court of Appeals addressed whether eligibility for benefits under General Municipal Law § 207-c requires a 'heightened risk' standard for injuries sustained by municipal employees in law enforcement duties. The court concluded that section 207-c does not mandate such a standard, interpreting 'duties' to encompass the full range of a covered employee's job responsibilities. It clarified that eligibility only necessitates demonstrating a 'direct causal relationship between job duties and the resulting illness or injury.' Consequently, the Court reversed the Appellate Division orders in three consolidated cases (Theroux v Reilly, Wagman v Kapica, and James v County of Yates Sheriff’s Dept.) that had erroneously applied the 'heightened risk' standard, reinstating Supreme Court orders in two and remitting one for further proceedings.

Workers' CompensationGeneral Municipal LawPolice OfficersFirefightersDisability BenefitsStatutory InterpretationAppellate ReviewCausal RelationshipJob DutiesPublic Safety Officers
References
20
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