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

Case No. CA 10-02269
Regular Panel Decision
Apr 29, 2011

ELLICOTT GROUP, LLC v. STATE OF NEW YORK EXECUTIVE DEPT.

This case addresses an appeal concerning the authority of the State of New York Executive Department Office of General Services (OGS) to mandate a prevailing wage clause in a lease agreement with Ellicott Group, LLC, for privately owned property. OGS had adopted a policy requiring prevailing wages for certain work, even if it did not meet the technical definition of 'public work' under the Labor Law. The Supreme Court, Erie County, had granted summary judgment to Ellicott Group, LLC, concluding that OGS lacked statutory authority and violated the separation of powers doctrine. The Appellate Division affirmed this judgment, holding that OGS, as an administrative body, usurped the legislative function by enacting a policy defining when prevailing wages should be paid, a role reserved for the Legislature.

Prevailing Wage LawLabor Law Article 8Labor Law Article 9Public WorkLease AgreementExecutive AuthorityLegislative FunctionSeparation of PowersAdministrative LawDeclaratory Judgment
References
14
Case No. 2021 NY Slip Op 00461
Regular Panel Decision
Jan 28, 2021

Matter of Executive Cleaning Servs. Corp. v. New York State Dept. of Labor

Executive Cleaning Services Corporation and Cef Saiz, the petitioners, challenged a determination by the Commissioner of Labor, alleging they failed to pay prevailing wages for cleaning services provided to the Ossining Public Library. The Department of Labor initiated an investigation following an employee complaint and concluded that the contract was subject to the prevailing wage provisions of Labor Law article 9. Petitioners argued the library was not a 'public agency' as defined by Labor Law § 230 (3), thus exempting their contract from prevailing wage requirements. The Appellate Division, Third Department, ultimately agreed with the petitioners, finding that despite its public function and ties to the school district, the Ossining Public Library does not fit the statutory definition of a public agency under Labor Law § 230 (3). Consequently, the Commissioner's determination was annulled, the petition granted, and the action for declaratory judgment severed and remitted to the Supreme Court.

Prevailing Wage LawLabor Law Article 9Public Agency DefinitionOssining Public LibraryEducation CorporationCPLR Article 78 ProceedingDeclaratory Judgment ActionBuilding Service ContractsSchool District Public LibraryAdministrative Law
References
18
Case No. ADJ1421850 (FRE0216376)
Regular
Aug 17, 2009

BILL CUSTER vs. SARA LEE BAKERY GROUP

The Workers' Compensation Appeals Board granted reconsideration to review a finding of serious and willful misconduct by the employer, Sara Lee Bakery Group. The applicant sustained a knee and groin injury due to a broken bread tray, and the initial finding of misconduct was based on testimony about past practices. However, the Board found no evidence that the employer's executive or managing officers knew serious injury was probable or acted with reckless disregard for consequences. Consequently, the prior award finding serious and willful misconduct was rescinded, and a new decision was issued stating the injury was not caused by the employer's serious and willful misconduct.

Workers' Compensation Appeals BoardSerious and Willful MisconductLabor Code § 4553Findings and AwardReconsiderationRescindedApplicantDefendantRoute SalesmanIndustrial Injury
References
3
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

Truss v. Westchester County Health Care Corp.

The petitioner, a nursing support staff worker, initiated a CPLR article 78 proceeding to challenge the termination of her employment by the Westchester County Health Care Corporation. The termination followed a hearing that found the petitioner guilty of misconduct due to excessive absences, latenesses, and failure to comply with call-in policies. The court confirmed the hearing officer's determination, finding it based on substantial evidence and stating that the deduction of leave balances was irrelevant given the disruptive nature of the misconduct. The court also upheld the hearing officer's resolution of credibility issues regarding progressive discipline and concluded that the dismissal penalty was not disproportionate to the misconduct, thus denying the petition and dismissing the proceeding.

Employee MisconductEmployment TerminationCPLR Article 78Judicial ReviewAdministrative DeterminationAbsenteeismLatenessProgressive DisciplineSubstantial EvidencePenalty Disproportionate
References
11
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

Ford v. Nassau County Executive

Anthony Ford, a pro se plaintiff, sued the Nassau County Correctional Center and the Nassau County Executive under 42 U.S.C. § 1983, alleging his Thirteenth and Fourteenth Amendment rights were violated by being forced to work as a "food cart worker" without pay while a pretrial detainee. Ford sought $2.5 million in damages. The court dismissed the claims against the Nassau County Executive due to lack of personal involvement. For the NCCC, the court acknowledged a "close question" regarding a policy but proceeded to the merits, ruling that required "housekeeping duties" for pretrial detainees, especially with compensation like extra food, do not constitute punishment or violate due process or Thirteenth Amendment rights. Furthermore, Ford suffered no actual damages because his subsequent guilty plea and sentence of time served encompassed the period of alleged forced labor, effectively curing any potential constitutional deprivation. Therefore, the defendants' motion for summary judgment was granted, and the case was closed.

Section 1983Civil RightsThirteenth AmendmentFourteenth AmendmentDue ProcessPretrial DetaineeForced LaborCorrectional FacilitySummary JudgmentCompensatory Damages
References
35
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