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

Case No. ADJ3362574
Regular
Oct 18, 2012

LAURA BIGGS vs. SAN BERNARDINO COUNTY MEDICAL CENTER, SAN BERNARDINO COUNTY

The Workers' Compensation Appeals Board (WCAB) dismissed Laura Biggs' Petition for Reconsideration in this case against San Bernardino County Medical Center and San Bernardino County. The dismissal was based on the WCAB's review of the record and adoption of the administrative law judge's report and recommendation. The report provided the reasoning for the dismissal, which the WCAB incorporated by reference. Therefore, the petition for reconsideration was officially dismissed.

Petition for ReconsiderationWorkers' Compensation Appeals BoardDismissalReport and RecommendationAdministrative Law JudgeSan Bernardino County Medical CenterLaura BiggsWorkers' Compensation CaseLegal DocumentCase Number
References
0
Case No. 2015 NY Slip Op 07262
Regular Panel Decision
Oct 07, 2015

Westchester County Correction Superior Officers Ass'n v. County of Westchester

The case involves an action brought by the Westchester County Correction Superior Officers Association and several retired correction officers against the County of Westchester. The plaintiffs sought damages for an alleged breach of a collective bargaining agreement, claiming the county failed to provide benefits equivalent to Workers' Compensation Law for permanent disability. The Supreme Court, Westchester County, initially denied the defendants' motion to dismiss but later granted their motion for summary judgment, dismissing the complaint. The Supreme Court also denied the plaintiffs' cross-motion to amend their complaint. On appeal, the Appellate Division, Second Department, affirmed the Supreme Court's decision, concluding that no provision in the collective bargaining agreement mandated such payments and that the proposed amendment to the complaint lacked merit.

Collective Bargaining AgreementBreach of ContractSummary JudgmentWorkers' Compensation BenefitsLoss of Earning CapacityPermanent DisabilityLeave to Amend ComplaintAppellate ReviewAffirmationJudiciary Law
References
2
Case No. MISSING
Regular Panel Decision
Aug 21, 1998

Westchester County Correction Officers Benevolent Ass'n v. County of Westchester

The County of Westchester appealed orders from the Supreme Court, Westchester County. The Supreme Court had granted the Westchester County Correction Officers Benevolent Association, Inc.'s petition to quash administrative subpoenas (Matter No. 1) and denied the County's motion to enjoin the Association from challenging the subpoenas (Matter No. 2). The appellate court affirmed both orders, finding that the County failed to adhere to Workers’ Compensation Law § 300.10 (c). This statute mandates that subpoenas to a claimant's treating physician can only be issued upon the physician's non-appearance at the first adjournment, not as a routine practice prior to attempts at voluntary appearance. The court emphasized that the County's prior practice violated the statute and impeded the remedial goals of the Workers' Compensation Law.

Administrative LawWorkers' CompensationSubpoena ComplianceAppellate CourtLabor RelationsStatutory InterpretationDue ProcessCollective BargainingJudicial ReviewPublic Sector Employment
References
3
Case No. MISSING
Regular Panel Decision

Suffolk County Ass'n of Municipal Employees, Inc. v. County of Suffolk

The plaintiff, Suffolk County Association of Municipal Employees, Inc., appealed an order dismissing its complaint against Suffolk County. The Union sought to permanently enjoin the County from imposing mandatory furloughs and discharging employees under a collective bargaining agreement. The Supreme Court had dismissed the complaint for lack of subject matter jurisdiction and denied a preliminary injunction. The appellate court modified the order, finding that the Supreme Court has subject matter jurisdiction. However, it affirmed the denial of the preliminary injunction, stating that loss of employment does not constitute irreparable harm as affected workers are entitled to reinstatement and back pay if they prevail.

Public EmploymentCollective Bargaining AgreementMandatory FurloughsEmployee DischargeSubject Matter JurisdictionPreliminary InjunctionIrreparable HarmBudget DeficitPersonnel ReductionsAppellate Review
References
11
Case No. 2024 NY Slip Op 00069 [223 AD3d 660]
Regular Panel Decision
Jan 10, 2024

Matter of County of Nassau v. Nassau County Sheriff's Corr. Officers' Benevolent Assn.

The County of Nassau appealed an order denying its petition to vacate an arbitration award. The arbitration award had concluded that the County violated a collective bargaining agreement by denying General Municipal Law § 207-c benefits to correction officers who missed no work time but sought medical treatment for work-related injuries or illnesses. The Supreme Court initially denied the County's petition and granted the union's cross-petition to confirm the award. The Appellate Division, Second Department, reversed this order, finding the arbitration award to be irrational because the claimants neither sought payment of salary/wages nor reimbursement for out-of-pocket medical expenses, thus not requiring the benefits outlined in General Municipal Law § 207-c. Consequently, the County's petition to vacate the arbitration award was granted, and the cross-petition to confirm was denied.

Arbitration AwardVacaturCollective Bargaining AgreementGeneral Municipal Law § 207-cCorrection OfficersMedical BenefitsLost TimePublic Policy ExceptionIrrational AwardAppellate Review
References
9
Case No. ADJ446534 (SBR 0216831)
Regular
Nov 09, 2011

BARBARA ANN HINGTGEN vs. COUNTY OF SAN BERNARDINO

The Appeals Board reconsidered a prior decision regarding the lien claim of Arrowback Medical Group (AMG) against the County of San Bernardino. The Board affirmed its prior ruling that AMG's lien for medical treatment, provided under a 1997 Stipulated Award for future medical care, is not barred by the statute of limitations. This is because the allowance of AMG's expenses is an enforcement of the original Stipulated Award, not a new lien claim subject to the strict filing deadlines of Labor Code section 4903.5(a). The defendant's payments to AMG and the existence of the Stipulated Award distinguished this case from others where the lien statute was applied.

Workers' Compensation Appeals BoardReconsiderationJoint Findings and OrderLien Statute of LimitationsLabor Code Section 4904(a)Labor Code Section 4903.5Stipulated AwardFuture Medical TreatmentAffirmation of DecisionEmployment Development Department
References
8
Case No. 2024 NY Slip Op 01947 [226 AD3d 845]
Regular Panel Decision
Apr 10, 2024

Verderosa v. County of Suffolk

The case "Verderosa v County of Suffolk" involves an appeal from an order granting summary judgment to defendants County of Suffolk and Architectural Entrance Systems, Inc. (AES) in a personal injury action. The plaintiff, Linda Verderosa, sought damages after Salvatore Verderosa (decedent) was injured when his hand became trapped in a courthouse door. The Appellate Division, Second Department, affirmed the dismissal of the complaint against AES, finding no duty owed by AES to the decedent. However, the court reversed the dismissal against the County of Suffolk, determining that the County failed to demonstrate a lack of constructive notice regarding a dangerous condition (e.g., door speed, jagged handle) prior to the accident.

Personal InjuryPremises LiabilitySummary JudgmentAppellate ReviewContractual ObligationTort LiabilityDangerous ConditionConstructive NoticeDoor AccidentSuffolk County
References
11
Case No. ADJ9268174
Regular
Jan 07, 2015

CHARLES BURNS vs. COUNTY OF SAN BERNARDINO

The Workers' Compensation Appeals Board denied the County of San Bernardino's petition for removal regarding a judge's order on subpoenas. The County sought to quash all subpoenas for records related to an inmate's claimed industrial injury, arguing the inmate was not an employee. The Board found the County failed to demonstrate substantial prejudice or irreparable harm from the order, even if the initial petition to quash was untimely. If the inmate is not an employee, the County will not be liable for costs related to the records or medical-legal expenses.

Subpoena Duces TecumPetition for RemovalOrder Quashing SubpoenaPenal Code Section 4017Labor Code Section 3370Inmate EmploymentRisk ManagementSan Bernardino Sheriff's DepartmentArrowhead Regional Medical CenterSubstantial Prejudice
References
1
Case No. 2025 NY Slip Op 02920 [238 AD3d 876]
Regular Panel Decision
May 14, 2025

Matter of Nassau County Sheriff's Corr. Officers Benevolent Assn., Inc. v. Nassau County

The Nassau County Sheriff's Correction Officers Benevolent Association, Inc. (the Union) appealed an order that denied its petition to vacate an arbitration award. The arbitration stemmed from a grievance alleging that Nassau County violated a collective bargaining agreement by not crediting compensatory time to Union members working during a COVID-19 state of emergency. The arbitrator ruled in favor of the County, and the Supreme Court confirmed this award. The Appellate Division, Second Department, affirmed the Supreme Court's decision, emphasizing the limited scope of judicial review for arbitration awards. The court found that the Union failed to prove the award was irrational or that the arbitrator exceeded their power, as the award was supported by the record and based on an interpretation of the CBA.

ArbitrationCollective Bargaining AgreementCPLR Article 75VacaturAppellate ReviewLabor DisputeCOVID-19Nassau CountyCompensatory TimeContract Interpretation
References
8
Case No. ADJ6516573
Regular
Apr 05, 2017

TOMI ANN HARTER vs. COUNTY OF SAN BERNARDINO, ARROWHEAD REGIONAL MEDICAL CENTER

This Workers' Compensation Appeals Board case, *Harter v. County of San Bernardino*, concerns a petition for reconsideration that was dismissed. The dismissal was based on the petition being untimely filed, exceeding the statutory 25-day limit for filing after a decision served by mail. The Board emphasized that the time limit is jurisdictional and proof of mailing is insufficient; the petition must be received within the allowed period. Therefore, the Board lacked authority to review the merits of the petition.

Petition for ReconsiderationUntimely FilingDismissalJurisdictional Time LimitWorkers' Compensation Appeals BoardWCJ DecisionService by MailProof of FilingMaranian v. Workers' Comp. Appeals Bd.Rymer v. Hagler
References
4
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