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

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. 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. MISSING
Regular Panel Decision

Claim of Abramson v. Long Beach Memorial Hospital

This case involves an appeal from a Workers’ Compensation Board decision that found a nursing assistant to be a general employee of Nassau Registry, Inc., and a special employee of Long Beach Memorial Hospital. The claimant sustained disabling lower back injuries after slipping on a wet hospital floor while working at the hospital, having been assigned by the Registry. The Board apportioned the workers' compensation awards equally between both employers. The appellate court affirmed the Board's determination, concluding that substantial evidence supported the finding of a dual employer-employee relationship. Key factors considered included the right to control, method of payment, and the integral nature of the claimant's work for both the employment agency and the hospital.

General EmploymentSpecial EmploymentEmployer-Employee RelationshipWorkers' Compensation Board DecisionAppellate ReviewSubstantial EvidenceRight to ControlMethod of PaymentDual EmploymentEmployment Agency
References
6
Case No. 14-02-01147-CV
Regular Panel Decision
Jul 08, 2004

Moore, Eloise v. Memorial Hermann Hospital System D/B/A Memorial Hermann Southeast Hospital

Eloise Moore, a former food service attendant at Memorial Hermann Hospital System, Inc. (MHHS), appealed a take-nothing jury verdict in a negligence suit. Moore suffered a back injury at work in November 1998, allegedly due to MHHS's negligence in failing to provide a safe workplace, proper tools, and safety training. After being terminated, she sued MHHS. The jury found that MHHS's negligence was not the proximate cause of her injury. On appeal, Moore raised seven issues, including challenges to the admission/exclusion of Social Security Administration (SSA) records, testimony from a vocational expert, her treating physician, and a workplace safety expert, as well as objections to jury instructions. The appellate court affirmed the trial court's judgment, finding no abuse of discretion in the evidentiary rulings or jury instructions.

NegligenceWorkplace SafetyProximate CauseEvidentiary RulingsExpert WitnessJury InstructionsAppellate ReviewAbuse of DiscretionTexas LawEmployment Termination
References
12
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
Case No. ADJ3781289
Regular
Apr 25, 2019

MARGARET BATTEN vs. LONG BEACH MEMORIAL HOSPITAL

Here's a summary for a lawyer: The Workers' Compensation Appeals Board (WCAB) has rescinded its prior decision regarding Margaret Batten's claim against Long Beach Memorial Hospital. This action was taken because a settlement has been reached between the parties while the case was pending on reconsideration. The matter is now returned to the trial level for the Workers' Compensation Judge (WCJ) to review and approve the proposed settlement. If the settlement is not approved, the WCJ may reinstate the original decision.

Workers' Compensation Appeals BoardReconsiderationProposed SettlementRescinded DecisionTrial LevelWCJFindings and AwardOpinion of JudgeLong Beach Memorial HospitalKeenan & Associates
References
0
Case No. MISSING
Regular Panel Decision
Mar 29, 2006

Ochei v. Coler/Goldwater Memorial Hospital

Plaintiff Joan Ochei brought an action against Coler/Goldwater Memorial Hospital and New York City Health and Hospitals Corporation, alleging discrimination based on race and national origin, a hostile work environment, and retaliation, leading to constructive discharge. Ochei, a Licensed Practical Nurse, claimed inadequate training, negative evaluations, and transfer were discriminatory. The defendants moved for summary judgment, arguing Ochei failed to establish a prima facie case. The court granted summary judgment, dismissing the complaint, finding no evidence to support Ochei's claims of discrimination, a hostile work environment, or constructive discharge. Additionally, Coler/Goldwater Memorial Hospital was deemed not a suable entity.

DiscriminationNational Origin DiscriminationRace DiscriminationHostile Work EnvironmentRetaliationConstructive DischargeSummary JudgmentEmployment LawTitle VIINew York State Human Rights Law
References
47
Case No. 01-19-00300-CV
Regular Panel Decision
Apr 15, 2021

Michelle Hudson v. Memorial Hospital System

Michelle Hudson sued Memorial Hospital System, Memorial Hermann Health System, ThyssenKrupp Elevator Corporation, and C.B. Richard Ellis, Inc. for personal injuries sustained in a malfunctioning elevator on Memorial Hermann's property. Hudson, an employee of Memorial Hermann (a non-subscriber under the Texas Workers’ Compensation Act), alleged the defendants were negligent and liable under premises liability. The trial court granted summary judgment for the defendants. Hudson appealed, arguing the trial court incorrectly applied premises liability principles instead of ordinary negligence and that genuine issues of material fact existed. The appellate court affirmed, holding that Hudson's claim against Memorial Hermann sounded exclusively in premises liability and she failed to preserve her argument. The court also found Hudson provided insufficient evidence to overcome the no-evidence summary judgment for CBRE and ThyssenKrupp.

Personal InjuryPremises LiabilityOrdinary NegligenceSummary JudgmentElevator AccidentWorkers' Compensation Non-subscriberEmployer DutyProperty Manager LiabilityMaintenance ServicesAppellate Review
References
44
Case No. W2004-00477-COA-R3-CV
Regular Panel Decision
Aug 18, 2005

James Crain, et.al v. Baptist Memorial Hospital

James Crain, an apprentice electrician, sustained severe burns while working on an electrical project for TAM Electric Company, an independent contractor, at Baptist Memorial Hospital. Crain filed a lawsuit against Baptist Memorial Hospital, alleging negligence under a theory of premises liability, claiming the hospital owed him a duty to warn of latent defects or dangerous conditions. The trial court granted summary judgment to Baptist, determining that the work was inherently dangerous and thus, the landowner (Baptist) did not owe a duty of care to the independent contractor's employee. The Court of Appeals affirmed the trial court's decision, emphasizing that the exception to the general duty of a landowner applies when an independent contractor is hired to perform inherently dangerous work, and working with electricity falls into this category.

Premises LiabilityNegligenceIndependent ContractorSummary JudgmentInherently Dangerous WorkDuty of CareElectrical AccidentLandowner LiabilityAppellate ReviewTennessee Law
References
21
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