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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

LIN Television Corp. v. National Ass'n of Broadcast Employees & Technicians—Communications Workers

Plaintiff LIN Television Corporation sought to vacate a labor arbitration award that reinstated employee Timothy Flynn after his termination for making threats. Defendants, National Association of Broadcast Employees and Technicians—Communications Workers of America, counter-claimed to enforce the award. The arbitration found no "just cause" for termination, converting it to a suspension and mandating a positive psychiatric evaluation for Flynn's return. The U.S. District Court, reviewing cross-motions for summary judgment, confirmed the arbitration award. The court ruled that the award drew its essence from the collective bargaining agreement and did not violate public policy regarding workplace safety, thereby denying the plaintiff's motion and granting the defendants' motion.

Labor DisputeArbitration AwardVacaturEnforcementWorkplace SafetyCollective Bargaining AgreementJust CauseEmployee TerminationMental Health EvaluationFederal Court Review
References
26
Case No. 2015 NY Slip Op 05114 [129 AD3d 525]
Regular Panel Decision
Jun 16, 2015

Matter of Port Auth. of N.Y. & N.J. v. Union of Automotive Technicians

This case involves an appeal regarding an arbitration award concerning an E-Z Pass benefit for retired members of the Union of Automotive Technicians. The Supreme Court, New York County, modified the arbitration award to rule that the E-Z Pass benefit is a vested lifetime benefit. The Appellate Division, First Department, affirmed this judgment, citing its disposition in previous appeals with similar issues. The court concluded that the Supreme Court reached the correct result based on established precedent.

Arbitration AwardE-Z Pass BenefitVested Lifetime BenefitPublic Employee UnionCollective BargainingAppellate ReviewJudicial PrecedentMemorandum of AgreementLabor DisputeAffirmance
References
3
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

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. 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. 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. 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
Case No. MISSING
Regular Panel Decision

In Re National Ass'n of Broadcast Employees & Technicians

The National Association of Broadcast Employees & Technicians (NABET) petitioned to vacate an arbitration award from March 22, 1987, which enjoined the Union from interfering with the National Broadcasting Company's (NBC) training operations. NBC had sought expedited arbitration after alleged threats of picketing during strike preparations. NABET argued the umpire exceeded his authority, the award was vague, and demonstrated partiality. The court, presided over by Judge Cedarbaum, denied NABET's petition and granted NBC's cross-motion to confirm the award. The judge found the umpire acted within his powers, the award was sufficiently definite, and there was no evidence of manifest disregard for the law or evident partiality.

arbitration awardvacate arbitrationconfirm arbitrationlabor disputeunion interferenceexpedited arbitrationFederal Arbitration ActNorris-LaGuardia Actmanifest disregard of lawevident partiality
References
10
Case No. ADJ6888509 ADJ6888503
Regular
Jun 26, 2014

REYNA OLIVAR vs. EZ PAYROLL STAFFING SOLUTIONS, GALLAGHER BASSETT ORANGE

This Workers' Compensation Appeals Board case, concerning Reyna Olivar and defendants EZ Payroll Staffing Solutions and Gallagher Bassett, involved a petition for reconsideration. The petitioner has formally withdrawn their petition for reconsideration of the October 18, 2013 decision. Consequently, the Board has dismissed the petition.

Petition for ReconsiderationDismissedWithdrawnApplicantDefendantsWorkers' Compensation Appeals BoardOpinion and OrderLong Beach District OfficeOctober 18 2013June 26 2014
References
0
Case No. 16,680; 78-CI-18460
Regular Panel Decision

City of San Antonio v. Aguilar

This case addresses an appeal concerning a municipal labor contract dispute, where Emergency Medical Technicians (EMTs) of the San Antonio Fire Department sought overtime back pay. The central legal question involved the applicability and interpretation of the State Civil Service Act, specifically regarding the standard work week for fire department employees whose duties do not include firefighting. The appellate court affirmed the trial court's judgment, which had awarded overtime compensation to the EMTs for a period from November 1974 to July 1977. The decision heavily relied on the doctrine of stare decisis, citing the precedent set by the companion case of Kierstead v. City of San Antonio. The court dismissed the City's arguments regarding the doctrine of ejusdem generis and the method of overtime calculation, affirming that these issues were consistent with prior judicial interpretations.

Municipal EmploymentOvertime CompensationPublic Safety PersonnelStatutory InterpretationPreclusion DoctrinesStare DecisisRes JudicataCollateral EstoppelCollective Bargaining AgreementsCivil Service Law
References
18
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