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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

Mount Sinai Union Free School District v. Board of Education Port Jefferson Public Schools

Mount Sinai and Port Jefferson School Districts had a long-standing contract for Mt. Sinai to send its high school students to Port Jefferson. Following a deterioration of relations and an increase in Mt. Sinai's student population, Mt. Sinai decided to build its own high school. New York Education Law § 3014-c was enacted, requiring sending districts to consider teachers from receiving districts as their own employees. Mt. Sinai challenged this statute, alleging various constitutional violations. The court dismissed claims by teacher, parent/student, and taxpayer plaintiffs for lack of standing, and then dismissed the remaining Contract Clause claim by Mt. Sinai, granting summary judgment to the defendants.

School DistrictsTeacher TenureEducation LawContract ClauseDue ProcessEqual ProtectionStandingAbstention DoctrineSummary JudgmentFederal Civil Procedure
References
17
Case No. ADJ9638409
Regular
Jan 11, 2019

PHOEBE McBENNETT vs. LONG BEACH UNIFIED SCHOOL DISTRICT

In McBennett v. Long Beach Unified School District, the Workers' Compensation Appeals Board (WCAB) granted the defendant's petition for reconsideration to address the award of temporary disability benefits. The WCAB found that while medical evidence supported temporary total disability from September 4, 2014, to February 1, 2015, the issue of whether applicant was bound by a prior stipulation waiving temporary disability benefits through February 8, 2016, remained unresolved. The Board deferred the temporary disability issue and remanded the case to the WCJ for further proceedings to determine if good cause existed to withdraw from the stipulation. The WCAB affirmed the permanent disability award and medical treatment provision.

Workers' Compensation Appeals BoardLong Beach Unified School DistrictTristar Risk ManagementInc.Petition for ReconsiderationFindings and AwardTemporary Disability IndemnityVoluntary RetirementMedical EvidenceStipulation
References
1
Case No. ADJ1353065 (LBO 0393238) ADJ3731592 (LBO 0368337)
Regular
Jun 17, 2016

DARLENE RAGUCCI vs. LONG BEACH UNIFIED SCHOOL DISTRICT, TRISTAR RISK MANAGEMENT

In Ragucci v. Long Beach Unified School District, the Workers' Compensation Appeals Board (WCAB) dismissed the applicant's petition for reconsideration. The WCAB found the petition to be untimely, as it was filed more than 25 days after the Workers' Compensation Judge's decision was served by mail. The Board emphasized that timely *filing*, meaning receipt by the WCAB, is jurisdictional and mailing alone is insufficient. Consequently, the WCAB lacked the authority to consider the substance of the untimely petition.

Petition for ReconsiderationUntimely FilingJurisdictional Time LimitWCAB Rule 10507WCAB Rule 10508WCAB Rule 10845Service by MailActual ReceiptFinal DecisionWorkers' Compensation Appeals Board
References
4
Case No. ADJ855554 (ANA 0388777)
Regular
Aug 24, 2011

CHRISTI HOWARTH vs. LONG BEACH UNIFIED SCHOOL DISTRICT; Permissibly Self-Insured, Administered By TRISTAR RISK MANAGEMENT

This case before the Workers' Compensation Appeals Board concerns a petition for disqualification filed by applicant Christi Howarth against the Long Beach Unified School District. The Board reviewed the petition and the report of the workers' compensation administrative law judge. Based on this review, the Board has adopted the judge's report and denied the disqualification petition.

Petition for DisqualificationWorkers' Compensation Appeals BoardWCJ reportdeny disqualificationrecord reviewadministrative law judgeTRISTAR RISK MANAGEMENTLONG BEACH UNIFIED SCHOOL DISTRICTApplicantDefendants
References
0
Case No. 2023 NY Slip Op 01193 [214 AD3d 735]
Regular Panel Decision
Mar 08, 2023

Matter of Long Beach Professional Firefighters Assn. v. City of Long Beach

This case concerns a dispute between the Long Beach Professional Firefighters Association (union) and the City of Long Beach regarding the terms of employment for paramedics. The City had unilaterally set these terms, leading the union to file a grievance and subsequently seek arbitration. The arbitrator found that the City violated the collective bargaining agreement. The Supreme Court confirmed the arbitration award, which the City appealed. The Appellate Division affirmed the Supreme Court's order, ruling that the City failed to provide clear and convincing evidence to vacate the arbitration award on grounds of irrationality, manifest disregard of law, arbitrator misconduct, or violation of public policy.

Collective Bargaining AgreementArbitration AwardCPLR Article 75 ProceedingJudicial Review of ArbitrationPublic Policy ExceptionManifest Disregard of LawAppellate ReviewMunicipal EmploymentParamedicsGrievance
References
20
Case No. 2018 NY Slip Op 03356 [161 AD3d 855]
Regular Panel Decision
May 09, 2018

Matter of City of Long Beach v. Long Beach Professional Fire Fighters Assn., Local 287

The City of Long Beach (petitioner) appealed an order denying its petition to stay arbitration and granting the Long Beach Professional Fire Fighters Association, Local 287's (respondent) cross-motion to compel arbitration. The dispute arose after the City laid off firefighters and hired paramedics, setting the paramedics' terms of employment unilaterally. The union filed a grievance and demand for arbitration. The Supreme Court denied the City's petition and granted the union's cross-motion. On appeal, the Appellate Division, Second Department, held that arbitration of the claim regarding firefighter layoffs violated public policy, citing Civil Service Law § 80 (1) which grants public employers nondelegable discretion over staffing. However, the court found no public policy precluding arbitration of claims related to the paramedics' terms of employment, as permitted by the collective bargaining agreement. Therefore, the order was modified to grant the City's petition to stay arbitration of the layoff claim and deny the union's cross-motion to compel arbitration of that claim, while affirming the rest of the order.

ArbitrationCollective Bargaining AgreementPublic PolicyFirefighter LayoffsParamedics EmploymentCivil Service LawManagement PrerogativeTaylor LawAppellate ReviewLabor Dispute
References
15
Case No. ADJ4357759 (SDO 0267149) ADJ4317475 (SDO 0359844) ADJ4224537 (SRO 0130138) ADJ4649631 (SRO 0140956)
Regular
Jun 21, 2010

SUSAN KUJAWA vs. SAN DIEGO UNIFIED SCHOOL DISTRICT, NOVATO UNIFIED SCHOOL DISTRICT

This case involves apportionment of liability between two school districts for an applicant's industrial injuries. The Workers' Compensation Appeals Board granted reconsideration to clarify liability for temporary disability. The Board reversed the judge's finding, holding San Diego Unified School District responsible for 94% of temporary disability benefits after January 29, 2002, aligning with prior apportionment for medical treatment. The Board also deferred the issue of credit for Novato Unified's overpayment of permanent disability.

Workers' Compensation Appeals BoardReconsiderationFindings and OrderTemporary DisabilityMedical TreatmentApportionmentAgreed Medical EvaluatorPermanent DisabilitySpecific InjuryCumulative Injury
References
4
Case No. 2016 NY Slip Op 00977 [136 AD3d 824]
Regular Panel Decision
Feb 10, 2016

Matter of Long Beach Professional Firefighters Assn., Local 287 v. City of Long Beach

Jay Gusler, a lieutenant in the City of Long Beach Fire Department and a member of Long Beach Professional Firefighters Association, Local 287, was demoted to firefighter. This demotion followed a disciplinary proceeding presided over by Robert L. Douglas, as per a settlement agreement between the City and the Association. The appellants (Gusler and the Association) initiated a CPLR article 78 proceeding to challenge the demotion, arguing Douglas lacked authority under the City Code. The Supreme Court, Nassau County, dismissed the proceeding. The Appellate Division, Second Department, affirmed this decision, finding that the City and Association could negotiate a collective bargaining agreement allowing demotion, and Douglas acted within the authority granted by their settlement agreement.

DemotionFirefightersCollective Bargaining AgreementSettlement AgreementDisciplinary ProceedingsArticle 78 ProceedingArbitrator AuthorityCity CodePublic EmploymentAppellate Review
References
6
Case No. ADJ4357759 (SDO 0267149) ADJ4317475 (SDO 0359844)
Regular
Sep 09, 2010

SUSAN KUJAWA vs. SAN DIEGO UNIFIED SCHOOL DISTRICT, NOVATO UNIFIED SCHOOL DISTRICT

The Workers' Compensation Appeals Board denied San Diego Unified School District's petition for reconsideration regarding apportionment of temporary disability liability. The Board found that jurisdiction was not barred by the five-year statute of limitations, as the issue of temporary disability remained outstanding until settlement approval. The Board upheld its prior decision to apportion 94% of temporary disability to San Diego Unified and 6% to Novato Unified, based on the Agreed Medical Evaluator's opinion and party stipulations. San Diego Unified's arguments regarding jurisdiction and reliance on the AME's medical opinion were found to be without merit.

ApportionmentTemporary DisabilityPetition for ReconsiderationAgreed Medical Evaluator (AME)Stipulations and AwardsJurisdictionStatute of LimitationsContributionMedical OpinionPermanent Disability
References
6
Case No. 2016 NY Slip Op 06495 [143 AD3d 710]
Regular Panel Decision
Oct 05, 2016

Matter of City of Long Beach v. Long Beach Professional Firefighters Assn., Local 287

The City of Long Beach appealed an order and judgment from the Supreme Court, Nassau County, which denied its petition to vacate an arbitration award. The Appellate Division, Second Department, reviewed the case, reiterating that judicial review of arbitration awards is extremely limited, permissible only if the award violates strong public policy, is irrational, or clearly exceeds the arbitrator's power. The Court found that the arbitrator did not apply an incorrect standard of review and that the award itself did not violate public policy, was not irrational, and did not clearly exceed a specifically enumerated limitation on the arbitrator's power. Consequently, the Appellate Division affirmed the lower court's order and judgment.

Arbitration awardJudicial reviewPublic policy violationIrrational arbitrationArbitrator's powerAppellate Division Second DepartmentCPLR Article 75Vacate arbitration awardFirefighters Association disputeNassau County Supreme Court
References
10
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