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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

Richards v. Stolzenberg

Petitioner, an employee at Westchester County Medical Center, challenged a determination by the Commissioner of Hospitals of Westchester County that terminated her employment for misconduct. The misconduct involved two incidents where she allegedly attempted to pull down male co-workers' trousers, violating sexual harassment policy and the Ethics Code. While the court upheld findings related to the sexual harassment policy, it found no basis for violating the Ethics Code, as the code lacked relevant provisions. Consequently, two specifications were dismissed, and the case was remitted for a reassessment of the penalty.

Employment TerminationMisconductSexual Harassment PolicyEthics CodeCPLR Article 78Judicial ReviewAdministrative LawAppellate CourtWestchester CountyCredibility Assessment
References
3
Case No. MISSING
Regular Panel Decision

Spira v. Ethical Culture School

Bernard R. Spira, a plaintiff, sued his former employer, Ethical Culture School, and three individuals for age discrimination. He filed the complaint with the EEOC in September 1992 and received a 'Right-to-Sue' letter on November 8, 1994, which stated a 90-day period to file suit. Spira filed suit on March 7, 1995, approximately 114 calendar days after receipt. He argued that an EEOC worker orally misinformed him that the 90-day period was in working days, not calendar days. The defendants moved to dismiss based on the failure to comply with the 90-day limitations period. The court granted the motion, finding no extraordinary circumstances or affirmative misconduct by the EEOC to warrant equitable tolling of the limitations period.

Age DiscriminationEmployment LawStatute of LimitationsEquitable TollingEEOC ProceduresRight-to-Sue LetterMotion to DismissRule 12(b)(6)Affirmative MisconductFederal Courts
References
7
Case No. 08-20-00153-CV
Regular Panel Decision
Oct 12, 2022

Empower Texans, Inc. and Michael Quinn Sullivan v. Texas Ethics Commission

Appellants Empower Texans, Inc. and Michael Quinn Sullivan appealed a trial court's summary judgment regarding their counterclaim against the Texas Ethics Commission. They sought a declaratory judgment that Texas Government Code sections 571.061, .172, and .173 violate the Texas Constitution's Separation of Powers Clause, contending the Commission is a legislative body improperly exercising executive powers. The trial court affirmed the constitutionality of the statutes, ruling the Commission is an executive agency with constitutionally granted legislative powers. The Court of Appeals affirmed the trial court's judgment, concluding that neither the placement of the Commission's enabling provision in Article III nor its hybrid appointment procedure conclusively establishes it as a legislative body. Consequently, the appellate court found no violation of the Separation of Powers Clause.

Separation of PowersTexas ConstitutionEthics CommissionGovernment CodeJudicial ReviewState AgenciesExecutive BranchLegislative BranchSummary JudgmentDeclaratory Judgment
References
19
Case No. 2022 NY Slip Op 03553 [207 AD3d 117]
Regular Panel Decision
Jun 02, 2022

Sullivan v. New York State Joint Commn. on Pub. Ethics

Katherine C. Sullivan and Kat Sullivan LLC challenged the New York State Joint Commission on Public Ethics (JCOPE) regarding the application of the Lobbying Act to their advocacy efforts for the Child Victims Act. Plaintiffs asserted the Act was unconstitutional on its face due to First Amendment violations, vagueness, and overbreadth, and also challenged its constitutionality as applied to their activities, alongside the validity of JCOPE's regulations. The Appellate Division affirmed the dismissal of the facial challenges to the Lobbying Act, declaring it constitutional, and also upheld the dismissal of the challenge to JCOPE's regulations. However, the court reversed the Supreme Court's dismissal of the 'as-applied' challenges, concluding that a justiciable and ripe controversy existed. This allows for judicial review of JCOPE's interpretation and enforcement against plaintiffs' past and threatened future advocacy.

Lobbying ActFirst AmendmentFreedom of SpeechOverbreadth DoctrineVagueness DoctrineJusticiabilityRipenessDeclaratory JudgmentAppellate ReviewChild Victims Act
References
77
Case No. MISSING
Regular Panel Decision

In re the Claim of Abbondanzo

The claimant appealed a decision from the Unemployment Insurance Appeal Board, which ruled he was disqualified from receiving unemployment insurance benefits due to misconduct. The misconduct stemmed from a fight with a co-worker during business hours. The court found substantial evidence supported the Board's decision, noting that fighting with a co-worker constitutes disqualifying misconduct, especially given the claimant's prior admonishment for unprofessional conduct. The decision of the Unemployment Insurance Appeal Board was affirmed.

Unemployment InsuranceMisconductWorkplace FightingDisqualificationEmployment TerminationAppellate ReviewSubstantial EvidencePrior Admonishment
References
2
Case No. MISSING
Regular Panel Decision

Connolly v. Williams

The court unanimously confirmed the determination of the Deputy Chief Administrative Judge, which found the petitioner guilty of misconduct and terminated his employment as a court officer. The misconduct involved unwanted physical contact and sexually suggestive remarks directed at three female co-workers. The petition challenging this determination was denied, and the proceeding brought under CPLR article 78 was dismissed. The court found substantial evidence supported the misconduct findings and that the penalty of dismissal was not unduly harsh. It also ruled that the petitioner's due process rights were not violated by the hearing officer's in camera review of investigative files or the denial of an adjournment to subpoena additional witnesses.

MisconductEmployment TerminationCourt OfficerSexual HarassmentDue ProcessDisciplinary ActionAppellate ReviewCPLR Article 78Substantial EvidenceFairness of Penalty
References
4
Case No. MISSING
Regular Panel Decision

In re the Claim of Belmar

Claimant, a school guard for the New York City Board of Education, was terminated after failing to disclose an arrest and conviction for third-degree criminal possession of a weapon. The incident occurred during nonworking hours, but the Administrative Law Judge and the Unemployment Insurance Appeal Board determined that his conduct constituted misconduct directly related to his position and posed a safety risk to students, thus disqualifying him from benefits. The appellate court affirmed the decision, ruling that misconduct affecting integrity, even if off-duty, bears a relationship to employment under Labor Law § 593 (4). The court also held that a certificate of relief from civil disabilities does not exempt an individual from a finding of ineligibility for unemployment benefits due to misconduct.

MisconductUnemployment BenefitsCriminal ConvictionSchool GuardWeapon PossessionOff-Duty ConductCertificate of ReliefCivil DisabilitiesBoard of EducationPersonnel Review
References
2
Case No. MISSING
Regular Panel Decision

In re the Claim of Meyerovich

The claimant, a maintenance technician, was discharged for misconduct after his manager observed him loafing on the job and he subsequently filed a workers' compensation claim for a back injury, which the employer alleged was false. The Unemployment Insurance Appeal Board disqualified the claimant from receiving benefits due to misconduct, a decision it adhered to upon reconsideration. The appellate court affirmed the Board's decision, finding substantial evidence in the manager's testimony that she did not observe the claimant using a shovel during her observation, thus supporting the finding of a false workers' compensation claim and misconduct. The court also noted that conflicting testimony presented a credibility issue for the Board to resolve and that prior Workers' Compensation Board decisions were not final regarding the accidental injury issue, thus lacking collateral estoppel effect.

MisconductUnemployment Insurance BenefitsFalse Workers' Compensation ClaimSubstantial EvidenceCredibility IssueDischarge from EmploymentLoafingProbationAppeal Board DecisionAffirmation
References
6
Case No. MISSING
Regular Panel Decision

Kagha v. Carter

Petitioner, a hospital courier, was discharged by respondent Westchester County Medical Center following sustained charges of misconduct, including 72 specifications of lateness, unauthorized absences, and failure to follow reporting procedures. Petitioner challenged the termination, asserting a violation of Workers' Compensation Law § 120 due to a reopened workers' compensation case and arguing a doctor's note justified his absences. The court rejected the Workers' Compensation claim, noting the Workers' Compensation Board's exclusive jurisdiction, and dismissed the doctor's note argument, emphasizing the employer's established call-in policy and petitioner's history of time and leave abuses. The court ultimately confirmed the determination, finding the penalty of discharge proportionate to the pattern of misconduct.

MisconductTermination of EmploymentCPLR Article 78Civil Service Law § 75Workers' Compensation Law § 120Time and Leave AbusesUnauthorized AbsenceCall-in PolicyJudicial ReviewPenalty Proportionality
References
1
Case No. MISSING
Regular Panel Decision

In re the Claim of Shapiro

The claimant appealed a decision by the Unemployment Insurance Appeal Board that disqualified him from receiving benefits due to misconduct. This was the claimant's second application for reconsideration, seeking to submit new evidence regarding who closed the register early. The court affirmed the Board's denial of the second application, noting the claimant's failure to provide new evidence and his prior testimony admitting to the misconduct. The court found no abuse of discretion in the Board's decision.

Unemployment InsuranceMisconductAppeal BoardReconsiderationAdministrative LawEvidenceJudicial ReviewEmployment TerminationDue ProcessClaimant Rights
References
4
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