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Case Law Database

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

Case No. MISSING
Regular Panel Decision

In re the Arbitration between Union-Endicott Central School District & Union-Endicott Maintenance Workers' Ass'n ex rel. Kolmel

Petitioner Peters appealed a Supreme Court order denying a stay of arbitration between Peters and the Union-Endicott Maintenance Workers’ Association, and George Kolmel. Kolmel, a maintenance worker, had resigned but was subsequently terminated after allegations of a sex offense. The Union filed a grievance asserting a violation of the collective bargaining agreement regarding retirement health benefits, arguing Kolmel met the eligibility requirements despite his termination. The Supreme Court compelled arbitration, a decision affirmed by the appellate court. The court ruled that arbitration of postemployment health benefits is permissible, not against public policy, and falls within the broad arbitration clause of the CBA, regardless of the employee's termination for misconduct.

Arbitration DisputeCollective Bargaining AgreementRetirement Health BenefitsEmployee DismissalMisconduct AllegationsPublic Policy ProhibitionArbitrabilityPostemployment BenefitsAppellate AffirmationLabor Law
References
14
Case No. MISSING
Regular Panel Decision

In re the Arbitration between Rochester Independent Workers & General Dynamics/Electronics Division

This case involves a motion by the Rochester Independent Workers, Local No. 1 (Union) to compel arbitration against General Dynamics/Electronics Division (Company). The grievance concerned a reduction in force, lay-offs, and the transfer of work out of the bargaining unit. The Union claimed violations of the Recognition and Management Rights articles of their collective bargaining agreement. The Company argued that its right to subcontract and assign work was an exclusive management prerogative explicitly excluded from arbitration by the agreement. The court, referencing Federal precedents, determined that the agreement's language clearly excluded such matters from arbitration and, therefore, denied the Union's motion to compel arbitration.

arbitrationlabor disputecollective bargaining agreementsubcontractingmanagement rightsgrievance procedurelay-offunionfederal court decisionscontract interpretation
References
10
Case No. MISSING
Regular Panel Decision
Jul 07, 1978

SOCIALIST WKRS. PARTY v. Attorney General of US

This case involves an action by the Socialist Workers Party (SWP) and the Young Socialist Alliance (YSA) against various federal agencies and officials, primarily the Attorney General and the FBI, for alleged constitutional violations stemming from extensive FBI informant activities and disruption programs. The current opinion addresses the Attorney General's refusal to comply with a May 31, 1977, court order to produce 18 confidential FBI informant files to plaintiffs' counsel. The court rejected the Attorney General's arguments concerning informant confidentiality, appellate review, and alternative sanctions, emphasizing the files' indispensable nature for the litigation of plaintiffs' claims, which include demands for damages and injunctive relief. The court ruled that the Attorney General must comply with the production order by July 7, 1978, or face civil contempt, underscoring the judiciary's power to enforce orders even against high-ranking government officials.

Informant ConfidentialityDiscovery DisputeCivil ContemptGovernment MisconductFBI SurveillancePolitical OrganizationsFirst Amendment RightsConstitutional ViolationsAppellate ReviewAttorney General
References
35
Case No. MISSING
Regular Panel Decision

United Electrical, Radio & MacHine Workers v. General Electric Co.

The Union, consisting of United Electrical, Radio and Machine Workers of America and five of its locals, sued General Electric Company under the Taft-Hartley Act to compel arbitration of various grievances. Both parties filed motions for summary judgment. The central issues revolve around whether the 1956-1960 collective bargaining agreement provides for compulsory arbitration and if the grievances fall within its scope. The court found the contract language ambiguous, requiring extrinsic evidence for proper interpretation. Consequently, the court denied both motions for summary judgment, citing the presence of genuine issues of material fact that warrant a full trial.

Collective Bargaining AgreementArbitrationTaft-Hartley ActSummary JudgmentLabor LawContract InterpretationExtrinsic EvidenceAmbiguityFederal Rules of Civil ProcedureGrievance Procedure
References
22
Case No. MISSING
Regular Panel Decision

International Union of Electrical & Machine Workers v. General Electric Co.

This case involves a dispute between the International Union of Electrical Radio and Machine Workers (Union) and General Electric Company (Company), and Metropolitan Life Insurance Company, concerning a 1966 Pension and Insurance Agreement and its incorporated Insurance Plan. The Union alleged the Company wrongfully rejected sickness and accident claims filed during a strike and, alternatively, sought reimbursement for employee contributions for coverage not provided during the strike. The central issue was the interpretation of clauses governing sickness and accident benefits during voluntary strike absences. The Court found that the Company properly rejected claims for benefits arising more than 31 days into the strike, dismissing the Union's first claim. However, the Court ruled that employees are entitled to reimbursement for the portion of their contributions related to sickness and accident coverage not afforded during the strike, and ordered an assessment of damages if parties cannot agree on the amount.

labour lawcollective bargaining agreementinsurance plansickness and accident benefitsstrikeemployee contributionscontract interpretationunjust enrichmentdamagesfederal court
References
6
Case No. 2017 NY Slip Op 09213 [156 AD3d 1268]
Regular Panel Decision
Dec 28, 2017

Claim of Bagnato v. General Electric

The claimant, Ricci Bagnato, alleged a right shoulder injury on June 26, 2014, while working for General Electric. He filed a workers' compensation claim in August 2014, after being terminated for reasons unrelated to the injury. The Workers' Compensation Law Judge initially established the claim, but the Workers' Compensation Board reversed, finding claimant's testimony not credible due to delayed reporting, lack of initial medical treatment, and suspicious timing of the claim. The Appellate Division, Third Department, affirmed the Board's decision, stating that the Board is the sole arbiter of witness credibility and its finding of no work-related accident was supported by substantial evidence.

Workers' CompensationShoulder InjuryCredibility AssessmentWork-Related AccidentDelayed ReportingEmployment TerminationAppellate ReviewSubstantial EvidenceClaim DenialFraudulent Documentation
References
7
Case No. 2021 NY Slip Op 00612 [191 AD3d 1088]
Regular Panel Decision
Feb 04, 2021

Matter of Clancy v. Park Line Asphalt Maintenance

Celia Clancy, an office manager, filed a claim for workers' compensation benefits, asserting that her repetitive work activities for Park Line Asphalt Maintenance aggravated her pre-existing bilateral carpal tunnel syndrome and herniated cervical discs, causing a disability. Although she had a history of these conditions and had received prior Social Security disability benefits and undergone multiple surgeries, she had returned to full duty work. The Workers' Compensation Board disallowed her claim, concluding that her conditions were not dormant and nondisabling prior to her employment with Park Line, thus precluding an occupational disease claim based on exacerbation. However, the Appellate Division, Third Department, reversed the Board's decision, finding no evidence that her pre-existing conditions were disabling in a compensation sense before the alleged disablement date. The matter was remitted to the Workers' Compensation Board for further proceedings consistent with the Appellate Division's determination.

Occupational DiseaseCarpal Tunnel SyndromeHerniated Cervical DiscsPre-existing ConditionAggravation of ConditionDormant and Nondisabling ConditionWorkers' Compensation BenefitsAppellate ReviewRemandOffice Manager
References
10
Case No. 2020 NY Slip Op 00660
Regular Panel Decision
Jan 30, 2020

Matter of Jones v. General Traffic Equip. Corp.

Claimant Renford Jones, who sustained a work-related back injury resulting in a permanent partial disability, sought a hearing to modify his reduced earnings awards. The Workers' Compensation Law Judge (WCLJ) modified the awards. The employer, General Traffic Equipment Corp., and the State Insurance Fund (SIF) appealed the WCLJ's decision to the Workers' Compensation Board, but their application for Board review was denied due to alleged incompleteness, specifically the omission of the hearing date for their objection. SIF's subsequent application for reconsideration was also denied. The Appellate Division, Third Department, reversed the Board's decision, finding that SIF's response, which provided the exact time of the objection in the digital audio recording of the sole hearing, adequately met the regulatory requirements. The court remitted the matter to the Workers' Compensation Board for further proceedings consistent with its decision, dismissing the appeal from the denial of reconsideration as academic.

Workers' CompensationAdministrative ProcedureBoard ReviewRegulatory InterpretationAppellate ReviewProcedural Due ProcessWorkers' Compensation Law JudgeDigital Audio RecordingPleadings and MotionsDisability Benefits
References
9
Case No. MISSING
Regular Panel Decision

Lewis v. North General Hospital

Darren Lewis, a pro se plaintiff, sued his former employer, North General Hospital, and his union, 1199SEIU United Health Care Workers East, alleging employment discrimination, retaliation, breach of contract, and defamation. Lewis claimed discrimination based on perceived religion (Muslim) and sexual harassment by his supervisor, and that his union failed in its duty of fair representation. The hospital argued his termination was due to his failure to obtain a required social worker license. The court granted summary judgment to both defendants, ruling that the hospital had legitimate grounds for termination, Lewis's discrimination claims lacked legal basis under Title VII for "perceived religion" or sexual orientation, and the union adequately represented him.

Employment DiscriminationRetaliationBreach of ContractDefamationHostile Work EnvironmentSexual HarassmentDuty of Fair RepresentationSummary JudgmentPro Se LitigantSocial Worker Licensing
References
40
Case No. B167017
Significant
Nov 18, 2004

General Casualty Insurance and Regent Insurance, Joseph A. Lane, American Home Assurance Company vs. Workers' Compensation Appeals Board and California Insurance Guarantee Association

The court has requested responses from the Workers' Compensation Insurance Rating Bureau (WCIRB) and the California Insurance Commissioner regarding the exclusion of special employees from a special employer's workers' compensation policy, specifically questioning the use and requirements of Form No. 11 for this purpose.

WCIRBForm No. 11limiting endorsementsrestricting endorsementsspecial employeesgeneral employerstemporary employeesleased employeesInsurance CommissionerCalifornia Code of Regulations
References
1
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