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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

Zeluck v. Board of Education

The case involves a motion by the Attorney-General to dismiss a petition filed by certain teachers. The teachers sought to enjoin the Superintendent of Schools from implementing payroll deductions mandated by Civil Service Law section 210, also known as the Taylor Law, for their alleged participation in a strike. The petitioners argued the law was unconstitutional, infringing upon rights to free association, speech, and equal protection, and that its payroll deduction provisions constituted a bill of attainder and violated due process. The court, citing precedents, rejected the arguments regarding free association, speech, and equal protection. It also found the due process procedures for payroll deductions sufficient, concluding the law was not a bill of attainder. Therefore, the motion to dismiss was granted.

Taylor LawCivil Service LawPublic Employee StrikesPayroll DeductionsDue ProcessFreedom of AssociationFreedom of SpeechEqual ProtectionConstitutionality of StatuteMotion to Dismiss
References
5
Case No. MISSING
Regular Panel Decision

Formal Opinion No.

This opinion from the Chairman of the New York Workers' Compensation Board addresses the priority of income execution and income deduction orders, established by the 1985 Support Enforcement Act (CPLR §§ 5241, 5242), against other statutory deductions from workers' compensation awards. Historically, WCL § 33 provided broad exemptions for workers' compensation benefits. However, WCL §§ 206(2) and 25(4)(a) allow for reimbursement of disability insurers and employers for advance payments, respectively, and WCL § 24 establishes liens for attorneys' fees, traditionally enjoying highest priority. The 1985 Act amended WCL § 33 to make benefits subject to support enforcement and also stipulated that income executions and deduction orders take priority over other assignments, levies, or processes. The Board concluded that claims for attorneys' fees and reimbursements by disability insurance carriers and employers are to be deducted first from the workers' compensation award. The support enforcement remedies under CPLR §§ 5241 and 5242 then apply to the balance of the workers' compensation benefits paid to the employee. This approach ensures prompt payment to injured workers and prevents double payment issues.

Workers' CompensationSupport Enforcement ActIncome ExecutionIncome DeductionLien PriorityStatutory InterpretationDisability Benefits ReimbursementEmployer ReimbursementAttorneys' Fees PriorityCPLR 5241
References
9
Case No. MISSING
Regular Panel Decision

Incorporated Village of Nissequogue v. Suffolk County Department of Civil Service

The Village of Nissequogue initiated a special proceeding against the Suffolk County Department of Civil Service after the department refused to certify the payroll for police officers Dennis McHugh and Roger Leigh. The officers, appointed in 1982 and 1984, had served commendably despite not being appointed from an official eligibility list. The department, aware of the irregular appointments since 1986, did not act until 1989 when it blocked payroll certification, prompting this legal challenge. The court examined the applicability of a 1984 amendment to Civil Service Law § 100 (5), which presumes proper appointment after three years, even for initially irregular appointments. The court ruled that the department could not refuse payroll certification, denied the department's motion to dismiss, and granted the officers' cross-petition for payment, citing the department's inaction despite prior knowledge.

Civil Service LawPayroll CertificationPolice OfficersIllegal AppointmentConstitutional LawSpecial ProceedingSuffolk CountyMerit SystemProbationary PeriodStatutory Interpretation
References
5
Case No. MISSING
Regular Panel Decision
Feb 27, 1978

M. H. v. J. H.

This case addresses a motion by the Brewery Workers Pension Fund to vacate a payroll deduction order issued by the Family Court. The order required the Pension Fund to deduct $35 per week from a retired respondent's pension for child support, benefiting the petitioner. The Pension Fund contended that the deduction violated its plan's anti-alienation provision, was not authorized by section 49-b of the Personal Property Law, and was preempted by the Employee Retirement Income Security Act of 1974 (ERISA). The court denied the Pension Fund's application, ruling that New York State law permits such deductions for child support despite pension plan restrictions and that ERISA's anti-assignment provisions do not prohibit court-ordered garnishments for support obligations, distinguishing them from voluntary assignments.

Child SupportPension GarnishmentERISA PreemptionPayroll Deduction OrderFamily LawSupport EnforcementAnti-Alienation ClausesState Law vs. Federal LawVoluntary vs. Involuntary TransferNew York Judiciary
References
19
Case No. ADJ3923408
Regular
Apr 20, 2009

Andrea Seyfried vs. Compass Films, Inc., National Surety Company/Fireman's Fund, Power Payroll, Inc., California Insurance Guarantee Association for Legion Insurance Company

The Workers' Compensation Appeals Board found that the applicant sustained an industrial injury while employed by both Power Payroll (general employer) and Compass Films (special employer). Power Payroll was insured by Legion Insurance, whose obligations are now handled by CIGA. Compass Films was insured by Fireman's Fund. The Board rescinded the prior order finding Power Payroll as the sole employer and returned the case for proceedings to determine the respective liabilities of CIGA and Fireman's Fund. CIGA is not liable if Fireman's Fund policy constitutes "other insurance" available to the applicant.

General employerSpecial employerDual employmentPayroll servicesFilm industryInsurance Guarantee AssociationInsurer insolvencySpecial employer controlPayroll companyProduction manager
References
22
Case No. MISSING
Regular Panel Decision

De Lury v. Beame

This case addresses the interpretation of Civil Service Law, § 210 (the Taylor Law), concerning the timing of salary deductions for public employees who engage in a strike. Specifically, it clarifies when a chief executive officer's "determination" of a strike and its participants is considered final, triggering the 30- to 90-day window for payroll deductions. The dispute arose when 370 sanitation workers were served notice of Taylor Law violations significantly later than an initial determination date. The lower courts ruled the deductions time-barred, considering the initial determination date as the start of the 90-day period. However, the Court of Appeals reversed, holding that the determination is not final for individual employees until they are identified by name or provided with notice of their violation. The Court emphasized that notice must be given "forthwith" after identification of individual strikers.

Taylor LawPublic EmployeesStrike PenaltiesPayroll DeductionsStatutory InterpretationTimeliness of NoticeChief Executive Officer DeterminationCivil Service LawSanitation WorkersNew York
References
2
Case No. ADJ2923882 (VNO 0550303)
Regular
Jan 29, 2014

MARCIAL MARTINEZ vs. MONARCH dba PES PAYROLL, AMERICAN HOME ASSURANCE, FOAMEX, GALLAGHER BASSETT

This case involves applicant Marcial Martinez, injured while working for Foamex, who was leased by HR Business Staffing and paid by Monarch/PES. The Appeals Board affirmed the arbitrator's decision, finding that Monarch's policy WC 573-39-25, due to its "alternate employer endorsement" and contract with Air Ground Manpower, provided workers' compensation coverage. The Board determined that Monarch's role in processing payroll, coupled with the written agreement specifying insurance provision, satisfied the endorsement's requirements. Despite Monarch's arguments regarding its limited payroll role and allegations of fraud, the policy provisions and parties' conduct established coverage.

Workers' Compensation Appeals BoardReconsiderationFindings and OrderArbitrator's DecisionInsurance CoverageMonarch ConsultingPES PayrollAmerican Home AssuranceHR Business StaffingAir Ground Manpower
References
4
Case No. MISSING
Regular Panel Decision
Dec 10, 1999

White v. White Rose Food

This action, brought under Section 301 of the LMRA, arises from the disbursement of settlement funds after a plant closing and a labor strike involving White Rose Food and Local No. 138. Plaintiffs, former employees, contended that an 'Amendment to Settlement Agreement' which deducted employer payroll taxes from a $1,500,000 settlement fund was entered into without required union membership ratification. The court found that Local 138's leadership acted in bad faith and arbitrarily by concealing this amendment and its financial impact from members, thereby breaching its duty of fair representation. Consequently, the court held the defendant White Rose liable due to its collusion with the union leadership in this concealment. Judgment was granted in favor of the plaintiffs for the deducted amount plus prejudgment interest, and reasonable attorneys' fees were also awarded.

Duty of Fair RepresentationUnion RatificationSettlement AgreementPayroll Tax DeductionsBreach of ContractConcealmentBad Faith ConductApparent AuthorityExhaustion of Administrative RemediesAttorneys' Fees
References
30
Case No. MISSING
Regular Panel Decision
Feb 04, 1999

In Re Jaiyesimi

This case consolidates two Chapter 13 bankruptcy petitions concerning whether debtors' pension loan repayments and contributions constitute 'disposable income' under 11 U.S.C. § 1325(b). Debtors Adeyemi O. Jaiyesimi, Olu-funke E. Jaiyesimi, and Sharlene De Ann Taylor moved to discontinue these deductions, while the Standing Chapter 13 Trustee objected to their plans, arguing these funds should be included in the bankruptcy estate. The New York City Employees’ Retirement System (NYCERS), represented by Corporation Counsel, contended the payments were mandatory. Judge Cornelius Blackshear of the Southern District of New York Bankruptcy Court ruled that both pension loan repayments and pension contributions are disposable income and are not mandatory conditions of employment, thus ordering their discontinuation as separate payroll deductions and requiring their inclusion in the debtors' reorganization plans.

Chapter 13 BankruptcyDisposable IncomePension Loan RepaymentRetirement ContributionBankruptcy Estate PropertyMandatory DeductionStatutory InterpretationNew York City Employees' Retirement SystemCreditor DividendReorganization Plan Confirmation
References
10
Case No. ADJ3919401 (POM 0295843)
Regular
Jun 03, 2013

LUIS MUNIZ vs. XCESS PAYROLL SERVICES

This order dismisses Xcess Payroll Services' Petition for Reconsideration because it was not verified, violating Labor Code section 5902. The Board also indicated that even if verified, the petition would have been denied on the merits. The dismissal is based on procedural grounds and the lack of evidence in the record to support the petitioner's claims, particularly regarding a "Verizon issue." The petitioner failed to properly identify themselves in the heading, contributing to the dismissal.

Petition for ReconsiderationVerifiedLabor Code section 5902WCJ Report and RecommendationOptimum PharmacyVerizon issueLien claimantDismissedAdjudicationWorkers' Compensation Appeals Board
References
1
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