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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

Pierre v. Crown Fire Protection Corp.

This case involves appeals by Crown Fire Protection Corp. and PEM All Fire Extinguisher Corp. from a Supreme Court order denying their motions for summary judgment to dismiss a wrongful death complaint asserted against them. The New York City Transit Authority also cross-appealed the denial of its motion for summary judgment seeking to dismiss third-party complaints filed against it. The appellate court dismissed the appeals of Crown and PEM as withdrawn. Furthermore, the order was modified to grant the Transit Authority's cross-motion for summary judgment, thereby dismissing the third-party complaint of Crown Fire Protection Corp. The court determined that Crown's work, which involved delivery and installation of fire extinguisher devices, did not fall under the categories described in General Obligations Law § 5-322.1. Finally, the decision clarified that a recent amendment to Workers' Compensation Law § 11, which limits third-party suits against employers, would not be applied retroactively to pending actions.

Wrongful Death DamagesSummary Judgment DenialThird-Party IndemnificationGeneral Obligations Law ViolationsWorkers' Compensation AmendmentsStatutory Non-RetroactivityContractual IndemnityConstruction vs. InstallationAppellate ModificationDismissal of Appeals
References
3
Case No. MISSING
Regular Panel Decision
Jun 11, 2003

Theodoreu v. Chester Fire District

In this personal injury action, volunteer firefighter James Theodoreu, along with other plaintiffs, appealed a Supreme Court order granting summary judgment to defendants Chester Fire District and Sugar Loaf Engine Company, Inc. The appellate court affirmed the dismissal, holding that the Volunteer Firefighters’ Benefit Law § 19 provides an exclusive remedy for injuries sustained in the line of duty, thereby barring claims against the fire district (as a political subdivision) and the fire company (due to an employer/employee relationship). Additionally, the defendant Witfield Architectural Group's cross-claims against the fire district and fire company were properly dismissed. This dismissal was based on Witfield's failure to demonstrate that the injured plaintiff suffered a "grave injury," a prerequisite for employer liability under Workers’ Compensation Law § 11 for contribution or indemnity.

Volunteer Firefighters Benefit LawExclusive Remedy ProvisionSummary JudgmentPersonal InjuryWorkers Compensation Law Section 11Grave InjuryEmployer LiabilityCross-claims DismissalAppellate AffirmationPolitical Subdivision
References
7
Case No. MISSING
Regular Panel Decision

Claim of Dineen v. Islip Fire District

Decedent, an Assistant Chief of the Islip Fire Department, collapsed and died of an acute myocardial infarction while marching in a parade on December 4, 1982. His widow filed a claim for workers' compensation benefits, arguing his death was work-related, citing lack of rest, changing a flat tire on a District vehicle, and parade participation. Conflicting medical testimony was presented regarding the causal relationship. The Workers’ Compensation Board ruled that these activities precipitated his fatal heart attack and were covered under Volunteer Firefighters’ Benefit Law § 5 (1) (e) and (g). The District and its carrier appealed. The court affirmed the Board’s decisions, finding them reasonable and supported by substantial evidence, noting the Board's expertise in statutory construction regarding 'line of duty' activities.

Volunteer FirefightersWorkers' Compensation BenefitsHeart AttackCausationLine of DutyStatutory InterpretationAppellate ReviewVolunteer Firefighters' Benefit LawMedical ConflictParade
References
6
Case No. Action No. 1 and Action No. 3
Regular Panel Decision

County of Ulster v. Highland Fire District

This case involves consolidated appeals concerning the County of Ulster's group self-insurance plan for workers' compensation coverage. Several fire districts, including Highland, Woodstock, Town of Ulster No. 5, Phoenicia, Flattekill No. 1, and East Kingston, joined the plan between 1979 and 1985, despite being covered under their respective towns' existing participation. Upon discovering this, the fire districts withdrew, refusing to pay withdrawal fees and obtaining private insurance. Legal actions ensued, with the fire districts alleging fraudulent inducement and seeking fee cancellations and premium reimbursements, and the County suing for breach of contract and unpaid withdrawal fees. The Supreme Court granted summary judgment to the County, finding no "double charging" or damages to the fire districts since they received coverage and the cost simply shifted. The appellate court affirmed, noting the fire districts' fraud counterclaims were largely time-barred by the six-year statute of limitations, and even if not time-barred for withdrawal fees, it would be unfair to avoid payment given the received coverage and benefits.

Workers' Compensation Law § 63Group Self-Insurance PlanFire Districts EligibilityFraudulent InducementStatute of LimitationsSummary JudgmentBreach of ContractWorkers' Compensation CoverageMunicipal LawAppellate Review
References
5
Case No. ADJ10375501
Regular
May 30, 2017

JEFFREY FIJMAN vs. WEST STANISLAUS FIRE PROTECTION DISTRICT, CITY OF PATTERSON

The Workers' Compensation Appeals Board (WCAB) denied the defendants' Petition for Removal in the case of Fijman v. West Stanislaus Fire Protection District and City of Patterson. Removal is an extraordinary remedy, only granted upon a showing of substantial prejudice or irreparable harm, which the defendants failed to establish. The WCAB found that reconsideration would be an adequate remedy if an adverse final decision were issued. Therefore, the petition was denied.

Petition for RemovalExtraordinary RemedySubstantial PrejudiceIrreparable HarmReconsiderationWCJ ReportWorkers' Compensation Appeals BoardWest Stanislaus Fire Protection DistrictCity of PattersonPermissibly Self-Insured
References
2
Case No. 2025 NY Slip Op 02587 [237 AD3d 1196]
Regular Panel Decision
Apr 30, 2025

Matter of Correra v. Millwood Fire Dist.

The petitioner, a volunteer firefighter, was terminated from the Millwood Fire District after a disciplinary hearing. The District alleged he provided false information on a medical questionnaire in 2020 by not disclosing a "permanently, partially disabled" Workers' Compensation Board designation. He was also charged with misconduct and insubordination for improperly obtaining a physical examination while suspended. The hearing officer found him guilty of both charges, recommending termination, which the District adopted. The Appellate Division, Second Department, confirmed the District's determination, finding substantial evidence supported the misconduct and insubordination charges, and that the penalty of termination was not disproportionate.

MisconductInsubordinationVolunteer FirefighterTerminationCivil Service LawCPLR Article 78False StatementsMedical QuestionnaireWorkers' CompensationSubstantial Evidence
References
8
Case No. MISSING
Regular Panel Decision

Keller v. Niskayuna Consolidated Fire District 1

The case involves a motion to dismiss a Title VII sex discrimination claim filed by an unnamed plaintiff against Niskayuna Consolidated Fire District 1, its Board of Fire Commissioners, and Joseph Battiste. Defendants argued the Fire District was not an 'employer' under Title VII as it did not meet the minimum of fifteen employees. The court examined whether individuals like the Treasurer, Secretary, Attorney, Fire Surgeon (considered independent contractors), and unpaid volunteer firefighters and Commissioners qualified as employees. Applying common law agency principles and the 'remuneration' requirement, the court determined these individuals did not constitute employees due to factors like lack of employer control, benefits, and guaranteed compensation. Consequently, the court found the Fire District lacked the requisite number of employees, thereby denying subject matter jurisdiction for the Title VII claim, and granted the defendants' motion to dismiss.

Sex DiscriminationTitle VIIEmployment LawSubject Matter JurisdictionRule 12(b)(1)Employer DefinitionIndependent ContractorVolunteerEmployee BenefitsPayroll Method
References
19
Case No. MISSING
Regular Panel Decision

Agyeman v. Roosevelt Union Free School District

Plaintiff Ak-ousa Agyeman, an elementary school teacher, filed a civil rights action against the Roosevelt Union Free School District and several individuals, alleging violations of her First Amendment rights and retaliation under 42 U.S.C. § 1983 and New York Civil Service Law § 75-b. Agyeman claimed she was retaliated against for engaging in protected speech, specifically through internal emails and a letter to the New York State Education Department, regarding student needs, District policies, and alleged legal violations. Defendants moved for summary judgment, arguing her speech was not constitutionally protected. The Court granted the defendants' motion, concluding that Agyeman's speech was made as a public employee performing official duties, not as a private citizen, and therefore was not protected by the First Amendment. Consequently, the Section 1983 claim was dismissed, and the remaining state law claim was dismissed without prejudice for re-filing in state court.

First Amendment retaliationPublic employee speechCivil rights actionSummary judgmentNew York State law claimDismissal without prejudiceTeacher employment disputeSchool district liabilityFreedom of speechOfficial duties
References
56
Case No. ADJ7651682
Regular
Apr 18, 2016

DEAN MCLAUGHLIN vs. HESPERIA FIRE PROTECTION DISTRICT, CITY OF HESPERIA, COUNTY OF SAN BERNARDINO

This case involves a firefighter's workers' compensation claim for prostate cancer and related conditions. The Workers' Compensation Appeals Board (WCAB) granted reconsideration to amend the permanent disability indemnity rate from $270.00 to $230.00 per week, as agreed by the parties and the WCJ. The WCAB affirmed the original finding that the City of Hesperia was liable for Labor Code section 4850 benefits, despite the City's argument that the applicant's employment had terminated prior to the disability period. This decision corrects a statutory error in the indemnity rate while upholding the employer's responsibility for benefits.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardLabor Code Section 4850Temporary Total DisabilityPermanent DisabilityFire CaptainProstate CancerErectile DysfunctionUrinary Incontinence
References
0
Case No. 2023 NY Slip Op 06419 [222 AD3d 1139]
Regular Panel Decision
Dec 14, 2023

Matter of Martinez v. Eastchester Fire Dist.

Claimant Tina Martinez, a fire department lieutenant, filed a claim for workers' compensation benefits after contracting COVID-19 at work in December 2020. A Workers' Compensation Law Judge (WCLJ) established the claim, authorized medical treatment, and set her average weekly wage. The employer (Eastchester Fire District and its claims administrator) appealed this decision to the Workers' Compensation Board but failed to serve claimant's new legal representative with the application for review, despite having notice of the substitution of counsel. The Board denied the employer's application for review due to non-compliance with service requirements under 12 NYCRR 300.13 (b). The Appellate Division, Third Department, affirmed the Board's decision, finding no abuse of discretion in denying the employer's application for review based on defective service.

COVID-19 ClaimService RequirementsAppellate ReviewAdministrative AppealDue ProcessLegal RepresentationSubstitution of CounselBoard ReviewWCLJ DecisionEmployer Appeal
References
4
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