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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

Claim of Guess v. Finger Lakes Ambulance

The claimant, a paramedic, suffered from post-traumatic stress disorder after responding to a fatal industrial accident where a victim conversed with her before succumbing to horrific injuries. While a Workers' Compensation Law Judge initially found the injury accidental, the Workers' Compensation Board later disallowed the claim, asserting that the stress was not greater than what a paramedic typically experiences. The appellate court affirmed the Board's decision, citing evidence that paramedics are routinely exposed to traumatic events. This ruling emphasizes that for a mental injury from psychic trauma to be compensable, the stress must exceed that of a similarly situated worker's normal work environment.

Post-Traumatic Stress DisorderParamedicAccidental InjuryPsychic TraumaWorkers' Compensation BenefitsStress-Related InjuryNormal Work EnvironmentTraumatic Event ExposureMental Injury CompensabilityAppellate Review
References
8
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. 2023 NY Slip Op 23283
Regular Panel Decision
Sep 15, 2023

Jackson v. Citywide Mobile Response Corp.

Tray Jackson, an emergency medical technician (EMT), initiated a class action lawsuit against Citywide Mobile Response Corp., alleging multiple violations of the New York State Labor Law and NYCRR. Jackson claimed that the defendant failed to provide full wages, including overtime and spread of hours pay, and illegally deducted costs for mandatory uniforms and supplies from employee pay, resulting in wages below the minimum wage. The plaintiff sought class certification for a proposed class of approximately 200 current and former EMTs, paramedics, and drivers. The Supreme Court, Bronx County, presided over by Justice Fidel E. Gomez, granted the motion for class certification, finding that all statutory requirements under CPLR 901 and 902 were satisfied. The court certified a class comprising all individuals working for the defendant as drivers, EMTs, or paramedics in New York between December 30, 2015, and August 15, 2022.

Class Action CertificationLabor Law ViolationsUnpaid WagesOvertime PayUniform ReimbursementMinimum WageSpread of Hours PayWage NoticesIllegal Wage DeductionsEMT
References
31
Case No. MISSING
Regular Panel Decision

Roberts v. New York City Office of Collective Bargaining

This case concerns an appeal regarding the New York City Fire Department's "zero tolerance" policy, which mandates automatic termination for EMS employees who fail or refuse drug tests. Unions representing these employees argued that this policy should be subject to mandatory collective bargaining. The New York City Board of Collective Bargaining and a lower court ruled against the unions, asserting that the policy falls under management's disciplinary rights. The appellate court affirmed this decision, holding that disciplinary actions for EMS personnel are the sole province of the Fire Commissioner under the New York City Charter, and that deterring illegal drug use by EMS workers is critical to public safety and the FDNY's core mission.

Public SafetyEmergency Medical Services (EMS)Drug Testing PolicyZero ToleranceCollective BargainingMandatory BargainingNew York City Fire Department (FDNY)Fire CommissionerDisciplinary AuthorityNew York City Charter
References
12
Case No. SAC 296205
Regular
Jun 11, 2008

EDWARD A. CASEY vs. CITY OF FULLERTON

This case involved a firefighter/paramedic seeking increased permanent disability for knee injuries. The Appeals Board denied reconsideration, upholding the administrative law judge's decision. The judge's decision was based on the agreed medical examiner's opinion, which apportioned 30% of the permanent disability to non-industrial factors, including a prior knee injury and the natural progression of arthritis.

ApportionmentAgreed Medical Evaluator (AME)Permanent DisabilityCausationLabor Code Section 4663Labor Code Section 4664Firefighter/ParamedicKnee InjuryTotal Knee ReplacementOsteoarthritis
References
0
Case No. MISSING
Regular Panel Decision

Henry v. Central Hudson Gas & Electric Corp.

The court granted the defendants' motion to change venue from Bronx County. Defendants successfully demonstrated that retaining the action in Bronx County would inconvenience nonparty material witnesses. Affidavits were submitted from a witness at the accident scene, a police officer, an EMS worker, and the retired Medical Examiner of Ulster County, all attesting to the inconvenience of traveling to Bronx County. The police officer and EMS worker further highlighted the disruption to their public service duties. The court found their testimony material, with the officer's testimony bearing on liability and the paramedic's on injuries, and appropriately considered their convenience.

Change of VenueForum Non ConveniensMaterial WitnessesWitness InconvenienceAffidavitsPolice TestimonyEMS TestimonyMedical Examiner ReportLiabilityInjuries
References
2
Case No. ADJ9091836
Regular
May 09, 2018

CHRISTOPHER DOUGLAS (Deceased), AMY DOUGLAS (Surviving Spouse Guardian Ad Litem) vs. CALIFORNIA DEPARTMENT OF FORESTRY AND FIRE PROTECTION, CALIFORNIA PUBLIC EMPLOYEES RETIREMENT SYSTEM, STATE COMPENSATION INSURANCE FUND (Claims Administrator)

This case involves a dispute over workers' compensation death benefits for the dependents of a deceased CalFIRE engineer/paramedic. The appeals board is reconsidering a prior decision that awarded benefits but ordered coordination with CalPERS special death benefits. The central issue is whether workers' compensation death benefits should be awarded to the decedent's children, considering they already receive CalPERS benefits, and how to properly coordinate these two types of benefits. The Board rescinded the prior decision and returned the case for further proceedings, emphasizing the need for proper joinder of CalPERS and a careful consideration of coordination rules.

WCABCalFIRESCIFCalPERSDeath BenefitsSpecial Death BenefitAntrimThompsonCoordination of BenefitsGuardian Ad Litem
References
4
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. ADJ3835415 (GOL 0098582)** **ADJ4033599 (GOL 0098581)** **ADJ6836655** **ADJ7026039
Regular
Mar 04, 2019

GARY MILLS vs. AMERICAN SEDGWICK SERVICES

This case involves applicant Gary Mills seeking reconsideration of a joint award for 100% permanent total disability resulting from multiple industrial injuries sustained as a paramedic. The defendant argues that the disability should be apportioned between the separate injury dates. However, medical experts, including the Agreed Medical Examiner in orthopedics, found it medically impossible to apportion the applicant's permanent total disability between the various injuries and subsequent complications. The Board affirmed the WCJ's decision, holding that an unapportioned award is justified when medical evidence prevents precise apportionment, particularly when complications from medical treatment directly cause the permanent total disability.

Permanent Total DisabilityApportionmentAgreed Medical ExaminerCumulative TraumaSpecific InjuryJoint Findings of Fact and AwardPetition for ReconsiderationWCJBenson ApportionmentKite case
References
9
Case No. ADJ9158320, ADJ6695957
Regular
Oct 23, 2017

Marvin Rogers vs. American Medical Response, ACE American Insurance Company

This case concerns a workers' compensation insurer seeking credit for overpaid temporary disability benefits. The applicant, Marvin Rogers, sustained a lumbar spine injury as a paramedic. The insurer paid temporary disability benefits beyond the applicant's permanent and stationary date, but sought credit at the full overpaid amount against permanent disability indemnity. The Appeals Board denied the defendant's petition for reconsideration, upholding the administrative law judge's decision to allow credit only at the lower permanent disability indemnity rate. This denial was based on equitable principles and the fact that the applicant did not act in bad faith, preventing prejudice to the injured worker.

Petition for ReconsiderationTemporary Disability IndemnityPermanent DisabilityCreditOverpaymentLabor Code section 4909Discretionary AuthorityEquitable PrinciplesGood FaithEstoppel
References
9
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