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

Case No. 03-03-00199-CV
Regular Panel Decision
Jan 08, 2004

Valentine Cantu, Maria Padilla, Carolyn Chatham, Suzanne Hoog-Watson and George Denton v. Texas Workforce Commission and Employees Retirement System of Texas

This case, heard by the Texas Court of Appeals, Third District, involves an appeal from a summary judgment in a suit alleging age discrimination under the Texas Commission on Human Rights Act. Appellants, former employees of the Texas Workforce Commission, claimed they were terminated due to age and that the Employees Retirement System of Texas misinterpreted a government code section regarding early retirement benefits. The Court of Appeals affirmed the district court's summary judgment, concluding that the appellants failed to establish a prima facie case of age discrimination and that the Retirement System's interpretation of former government code section 814.1041(b) was correct. The court also found no abuse of discretion in denying attorney's fees or excluding evidence.

Age discriminationSummary judgmentTexas Commission on Human Rights ActRetirement benefitsGovernment code interpretationStatutory constructionLegislative intentDisparate impactPretext methodPrima facie case
References
28
Case No. MISSING
Regular Panel Decision

Brown v. New York City Employees' Retirement System

A maintenance employee for the New York City Housing Authority sustained a right knee injury in March 1978 during a mugging and reinjured it in May 1979 while moving a refrigerator. His application for accident disability retirement was denied by the New York City Employees’ Retirement System, whose medical board found no causal relationship between the 1978 incident and the disability, and no accident in 1979. Special Term initially vacated this determination, concluding the 1979 event was an accident. However, the Appellate Division reversed Special Term's judgment, holding that an injury occurring without an unexpected event during ordinary employment duties does not constitute an accidental injury. The court found that the petitioner failed to prove an unexpected event, as his knee merely 'gave way' while moving a refrigerator, and therefore dismissed the petition.

Accident Disability RetirementNew York City Employees’ Retirement SystemKnee InjuryPerformance of DutiesCausal RelationshipMedical Board OpinionCPLR Article 78Appellate ReviewAccidental Injury DefinitionBurden of Proof
References
3
Case No. 03-98-00617-CV
Regular Panel Decision
Jul 15, 1999

Deborah K. Nordyke v. Employees Retirement System of Texas

Deborah K. Nordyke, a licensed vocational nurse, applied for occupational disability retirement benefits from the Employees Retirement System of Texas (ERS) after an on-the-job injury. Her application was denied by the ERS medical board, which found no permanent incapacity, a decision later upheld by an Administrative Law Judge and the trial court. Nordyke appealed to the Third District Court of Appeals in Austin, raising issues regarding the sufficiency of evidence and the validity of an ERS administrative rule defining "incapacity from the further performance of duty." The appellate court reviewed the medical evidence presented, which indicated a lack of objective proof for permanent disability. The court affirmed the trial court's judgment, concluding that the ERS's denial was supported by substantial evidence and that the administrative rule was a reasonable and valid exercise of statutory authority, aligning with the legislative intent for disability retirement.

Occupational DisabilityOn-the-Job InjuryAdministrative LawJudicial ReviewSubstantial EvidenceMedical Board DecisionPermanent DisabilityVocational NurseGovernment Employee BenefitsTexas Appellate Court
References
12
Case No. MISSING
Regular Panel Decision

Cravotta v. New York City Employees' Retirement System

The petitioner, a New York City sanitation worker, sustained a knee injury after allegedly slipping on a sanitation truck step contaminated by a slippery substance from a dump site. His application for accidental disability retirement benefits from the New York City Employees’ Retirement System (NYCERS) was denied, as his injury was not deemed an "accident" under Retirement and Social Security Law § 605-b. The petitioner challenged this determination, but both the Supreme Court and the appellate court affirmed the denial. The courts found that the injury occurred during routine duties and was not so extraordinary or unexpected as to constitute an accidental injury.

Accidental disabilityRetirement benefitsSanitation workerKnee injurySlipping accidentRoutine dutiesNYCERSAdministrative determinationJudicial reviewAnnulment petition
References
7
Case No. MISSING
Regular Panel Decision

Broadhurst v. Employees Retirement System

Nancy Broadhurst, a Child Protective Services specialist, sought occupational disability retirement benefits from the Employees Retirement System of Texas (ERS) after suffering a back injury. The Board of Trustees for ERS denied her application, concluding her disability did not meet the statutory definition of "occupational disability," specifically the requirement that the injury result from an "inherent risk or hazard peculiar to a duty." Broadhurst appealed the decision, arguing the Board misinterpreted the statute and that her injury, though occurring while sitting in a chair, was related to the increased risks of her job. The district court affirmed the Board's order. On appeal, the Court of Appeals also affirmed, holding that the act causing the injury (sitting in a chair) was not peculiar to her duties, and thus she did not satisfy the statutory criteria.

Occupational DisabilityRetirement BenefitsStatutory InterpretationAdministrative LawJudicial ReviewTexas Government CodeInherent RiskPeculiar HazardState Employee BenefitsBack Injury
References
10
Case No. MISSING
Regular Panel Decision

Leary v. New York City Employees' Retirement System

Dorothy Leary, a part-time junior public health nurse for the New York City Department of Health and Mental Hygiene, injured her left knee after slipping on stairs due to wet shoes from snow outside. Her application for disability retirement benefits was denied by the Board of Trustees of the New York City Employees’ Retirement System, following a recommendation from the Medical Board that her injuries were not sustained as an 'accident' under Retirement and Social Security Law § 605. Leary challenged this determination through a CPLR article 78 proceeding, which the Supreme Court initially denied. However, the appellate court reversed this judgment, granted Leary's petition, annulled the Board's determination, and remitted the matter for further proceedings, concluding that her fall constituted an accident.

Workers' CompensationDisability RetirementPublic Health NurseSlip and Fall InjuryAccident DefinitionCPLR Article 78Medical Board ReviewAppellate ReversalRetirement and Social Security LawKings County Supreme Court
References
7
Case No. 03-01-00652-CV
Regular Panel Decision
Jul 26, 2002

Nancy Broadhurst v. Employees Retirement System of Texas

Nancy Broadhurst, a former Child Protective Services specialist, appealed the denial of occupational disability retirement benefits by the Employees Retirement System of Texas (ERS) Board. Her claim stemmed from a back injury sustained while sitting in a chair at work. Broadhurst argued that the Board arbitrarily disregarded her treating physician's findings and misapplied the 'inherent risk or hazard peculiar to a duty' requirement for occupational disability under the Texas Government Code. The Third District Court of Appeals in Austin affirmed the district court's judgment, ruling that the Board's interpretation of the statute requiring the injury to result from a risk both inherent in and peculiar to the job duties was correct. The court found that sitting in a chair did not constitute a risk peculiar to a CPS specialist's duties.

Occupational DisabilityRetirement BenefitsEmployees Retirement SystemTexas Government CodeStatutory InterpretationAdministrative AppealJudicial ReviewSubstantial EvidenceWork InjuryBack Injury
References
10
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

Borenstein v. New York City Employees' Retirement System

This appeal addresses the proper standard for judicial review of a determination by the New York City Employees’ Retirement System (NYCERS) Medical Board regarding an applicant's physical disability for city-service. The respondent, an Assistant Deputy Warden, sought accidental disability retirement benefits after sustaining injuries at Rikers Island, but the Medical Board repeatedly found her not medically disabled despite conflicting medical opinions. While the Supreme Court initially dismissed her petition, the Appellate Division reversed, granting her pension. The Court of Appeals, however, reversed the Appellate Division, upholding the Medical Board’s determination as it was based on 'some credible evidence' and was not arbitrary or capricious. The court emphasized that the Medical Board has the authority to resolve conflicting medical evidence and that judicial review should not substitute its judgment for the Board's.

Judicial reviewDisability benefitsAccidental disabilityNYCERSMedical BoardCPLR Article 78Substantial evidenceArbitrary and capriciousAdministrative lawConflicting medical evidence
References
12
Case No. MISSING
Regular Panel Decision

Cassarino v. New York City Employees' Retirement System

The petitioner sought accidental disability retirement benefits, but the Board of Trustees of the New York City Employees’ Retirement System denied the application on December 13, 2007. The Supreme Court reviewed this denial and found that the Board's determination was not arbitrary and capricious. The court reasoned that the petitioner's injuries arose from the performance of usual duties as a sanitation worker, citing prior cases. Furthermore, the court determined that the petitioner's slip or trip on a strap within a sanitation truck was not sufficiently extraordinary or unexpected to qualify as an 'accidental' injury under the law. Consequently, the Supreme Court affirmed the Board's denial of benefits.

Accidental DisabilityRetirement BenefitsSanitation WorkerNew York City Employees’ Retirement SystemJudicial ReviewAdministrative DeterminationInjury CausationOrdinary DutiesAppellate DivisionSocial Security Law
References
3
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