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

Case No. 2022 NY Slip Op 06619
Regular Panel Decision
Nov 18, 2022

Matter of Civil Serv. Empls. Assn., Inc., Local 1000, AFSCME, AFL-CIO, Erie County Unit of Erie County Local 815 (County of Erie)

Petitioner Civil Service Employees Association, Inc. initiated a proceeding under CPLR article 75 to vacate an arbitration award that upheld the termination of one of its members as consistent with their collective bargaining agreement. The Supreme Court denied the petition and confirmed the award. On appeal, the Appellate Division, Fourth Department, affirmed the Supreme Court's decision. The court found that the arbitration award was not irrational, citing the language of the CBA, its reference to civil service rules for Erie County, and the parties' past practices as justification. Furthermore, the Appellate Division concluded that the arbitrator did not exceed his authority by interpreting ambiguous terms within the CBA, rather than rewriting it.

Arbitration AwardCPLR Article 75Collective Bargaining AgreementArbitrator AuthorityIrrational AwardPublic PolicyGrievanceTerminationJudicial ReviewAppellate Review
References
5
Case No. 2021 NY Slip Op 04302 [196 AD3d 1058]
Regular Panel Decision
Jul 09, 2021

Julius v. County of Erie

Michael Julius sustained injuries while delivering a package to the Erie County Holding Center, allegedly due to contact with toxic liquid dumped by the defendant's maintenance workers. The Supreme Court, Erie County, initially granted summary judgment to the County, dismissing the complaint, based on a finding that no duty of care was owed to the plaintiffs. However, the Appellate Division, Fourth Department, reversed this decision, concluding that the defendant failed to establish a lack of duty of care as a matter of law. The appellate court reinstated the complaint and remitted the matter back to the Supreme Court for further proceedings to consider alternative grounds for summary judgment.

Summary JudgmentDuty of CarePremises LiabilityReversed and RemittedAppellate ReviewPersonal InjuryToxic LiquidErie County Holding CenterPlaintiff-AppellantDefendant-Respondent
References
4
Case No. MISSING
Regular Panel Decision

Scarver v. County of Erie

Huey Scarver, an electrician employed by CIR Electrical Construction Corporation, sustained injuries while working on a sewage pumping station project owned by the County of Erie. Scarver jumped from a ladder after another worker warned him of a falling iron pipe incident in the sub-basement, resulting in a fractured left foot and ankle. Scarver and other plaintiffs filed an action alleging common-law negligence and violations of Labor Law §§ 200 and 241 (6) against the County of Erie, Granville Constructors, Inc. (general contractor), and Quackenbush Co., Inc. (mechanical subcontractor). The Supreme Court granted the defendants' motions for summary judgment, concluding that Scarver's injury was not a foreseeable consequence of the alleged negligence or Labor Law violations. The appellate court affirmed this decision, holding that the combined actions of the warning worker and Scarver constituted an intervening and superseding cause of his injuries, and the harm was not within the class of reasonably foreseeable hazards.

Construction AccidentPersonal InjuryNegligenceLabor Law Section 200Labor Law Section 241(6)Summary JudgmentForeseeability of HarmIntervening CauseSuperseding CauseAppellate Decision
References
15
Case No. CA 13-01671
Regular Panel Decision
Jul 03, 2014

WILLIAMS, CASSONDRA v. COUNTY OF ERIE

Plaintiff Cassondra Williams appealed an order granting summary judgment to defendant Erie County Medical Center Corporation. Williams sought damages for injuries sustained from a slip and fall on water in the hospital's dietary corridor. The Appellate Division affirmed the Supreme Court's order, concluding that the defendant successfully established it neither created the dangerous condition nor had constructive notice of it. Plaintiff's speculative claim about the water's origin and the lack of visible water before the fall were deemed insufficient to raise a triable issue of fact.

slip and fallpremises liabilitysummary judgmentconstructive noticeappellate reviewNew York lawhospital negligenceduty of caretortsevidence
References
8
Case No. MISSING
Regular Panel Decision

Claim of Veach v. County of Erie

The case concerns an appeal from a disability award made to a claimant, employed as a housekeeper for Louise Swiderski, against the County of Erie, Department of Social Welfare. The Workers' Compensation Board had found that Mrs. Swiderski acted as the County's agent in employing the claimant, establishing an employer-employee relationship. The court, however, found no substantial evidence to support this finding, rejecting the arguments that the County exerted control or was the actual payor of wages through Mrs. Swiderski's welfare budget. Consequently, the court reversed the Board's decision and dismissed the claim.

employment statusaccidental injuryhousekeeperwelfare benefitsagency relationshipemployer liabilityworkers' compensationappellate reviewinsufficient evidencesocial welfare department
References
1
Case No. No. 14
Regular Panel Decision
Mar 26, 2020

The Matter of the Claim of Sandra L. O’Donnell v. Erie County

Claimant Sandra L. O’Donnell, an employee of Erie County, received a Workers’ Compensation Board award for loss of post-accident earnings due to a permanent partial disability. Employer Erie County and its carrier challenged this, arguing O’Donnell failed to show efforts to find work. The Workers’ Compensation Board initially upheld the award, applying a discretionary inference from Matter of Zamora v New York Neurologic Assoc., but later admitted a departure from its administrative precedent. The New York Court of Appeals reversed the Appellate Division's decision, remitting the case. The Court clarified that while the 2017 amendment to WCL § 15 (3) (w) eliminated post-classification labor market attachment obligations, it did not alter pre-classification requirements. The matter is remanded for the Board to explain its rationale and any departure from its established precedent.

Workers' Compensation LawPermanent Partial DisabilityLoss of Wage-Earning CapacityLabor Market AttachmentInvoluntary RetirementAdministrative PrecedentStatutory InterpretationRemandNew York Court of AppealsWCL Section 15(3)(w)
References
15
Case No. CA 13-01845
Regular Panel Decision
Oct 03, 2014

JONES, JAMES W. v. COUNTY OF ERIE

Plaintiff James W. Jones was injured after falling from a tree while trimming branches on property owned by the County of Erie. The County had hired American Site Developers LLC (ASD) as a general contractor and Malcolm Pirnie, Inc. (MP) to monitor the work, with plaintiff's employer being a subcontractor. Plaintiff sued the County, ASD, and MP for common-law negligence and violations of Labor Law §§ 200, 240 (1), and 241 (6). The Supreme Court granted summary judgment to all defendants, dismissing the complaint. The Appellate Division affirmed the Supreme Court's order, concluding that the defendants lacked supervisory control over the plaintiff's work, which is a prerequisite for liability under Labor Law § 200 and common-law negligence. The court also determined that the dangerous condition was inherent in the work itself, not created by the County.

Personal InjuryNegligenceLabor LawSummary JudgmentAppellate ReviewPremises LiabilityConstruction Site AccidentFall from TreeSupervisory ControlSafe Place to Work
References
12
Case No. MISSING
Regular Panel Decision

Brown v. County of Erie

This appellate case concerns the standing of petitioners, Building and Construction Trades Council of Buffalo and Vicinity and Operating Engineers Local 17 Training Fund, to challenge a public works contract awarded by Erie County to Tom Greenauer Development, Inc. Petitioners argued the contract was invalid due to Greenauer's non-compliance with a local law requiring a certified worker training program. The Supreme Court's decision granting the petition was reversed on appeal, with the appellate court concluding that petitioners lacked standing. The court held that petitioners failed to demonstrate an actual injury in fact distinct from the general public, deeming their alleged harm speculative and insufficient for associational or organizational standing. A dissenting opinion argued that petitioners did have standing, emphasizing the local law's intent to promote apprenticeship programs and the direct impact of the county's non-compliance on petitioners' ability to participate.

StandingPublic ContractsLocal LawWorker Training ProgramApprenticeshipErie CountyCPLR Article 78PreemptionERISAInjury in Fact
References
12
Case No. 06-22-00022-CV
Regular Panel Decision
Nov 16, 2022

Cynthia Martin v. Hopkins County, Hopkins County Judge Robert Newsom, Hopkins County Commissioner Mickey Barker, Hopkins County Commissioner Greg Anglin, Hopkins County Commissioner Wade Bartley, and Hopkins County Commissioner Joe Price

Cynthia Martin raised ultra vires claims against Hopkins County officials regarding an agreement with a private company to build a solar power plant. Martin contended the agreement was a tax abatement under Texas Local Government Code Chapter 381, Section 381.004(g), which she argued did not comply with the Texas Tax Code provisions. The County and officials asserted the agreement was a grant of public money under Section 381.004(h), thus not governed by the Texas Tax Code. The trial court granted summary judgment in favor of the County. The Court of Appeals affirmed, concluding that the agreement was for a grant of public funds, not a tax abatement, because the developer was obligated to pay all ad valorem taxes, and the payments from the county were program grants calculated with reference to those paid taxes, not a reduction or nullification of the tax liability itself.

Ultra Vires ClaimsEconomic Development AgreementTax AbatementPublic Funds GrantTexas Local Government Code Chapter 381Texas Tax Code Chapter 312Summary JudgmentAppellate ReviewContract ConstructionStatutory Construction
References
39
Case No. 13-14-00293-CV
Regular Panel Decision
Feb 26, 2015

San Patricio County, Texas v. Nueces County, Texas and Nueces County Appraisal District

This is a reply brief filed by San Patricio County, Texas, in an appeal against Nueces County and Nueces County Appraisal District. The core issue revolves around unresolved boundary disputes between the two counties, leading to double taxation for industrial taxpayers like Occidental Petroleum Company. San Patricio County argues that the Nueces County District Court lacked jurisdiction and venue, and erred in granting summary judgment without determining the boundary line. They assert that the 2003 Judgment, which declared 'natural and artificial modifications to the shoreline of San Patricio County shall form a part of San Patricio County,' includes docks, piers, and similar facilities as part of their county, consistent with maritime law and riparian rights. The county seeks reversal of the trial court's decision, either for transfer back to a neutral Refugio County District Court, or for a judgment declaring the disputed properties within San Patricio County's jurisdiction, or for a remand to resolve factual issues concerning the boundary.

County Boundary DisputeJurisdictionVenueSummary JudgmentCollateral Attack2003 Judgment InterpretationShoreline ModificationsDocks and PiersRiparian RightsTaxation Dispute
References
23
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