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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

Mair-Headley v. County of Westchester

The petitioner, a correction officer, was terminated from her employment by the Westchester County Department of Corrections after being absent for over one year due to a nonoccupational injury, pursuant to Civil Service Law § 73. She challenged this determination through a CPLR article 78 proceeding, alleging denial of due process and violation of the Human Rights Law. The Supreme Court initially dismissed the due process claim and transferred the remaining issues to this Court. This Court confirmed the determination, finding that the petitioner received adequate pre-termination notice and a post-termination hearing, satisfying due process. Additionally, the Court concluded that the termination did not violate the Human Rights Law, as employers are not obligated to create new light-duty or permanent light-duty positions for accommodation.

Civil Service LawCPLR Article 78Due ProcessHuman Rights LawEmployment TerminationCorrection OfficerDisability AccommodationWestchester CountyAppellate ReviewPublic Employment
References
21
Case No. MISSING
Regular Panel Decision

Wheeler v. Parker

Plaintiff James Wheeler filed an action against Sandy Parker, Bruce Potter, and Berkshire Union Free School District, alleging denial of due process under the Fourteenth Amendment following his termination as an Intervention Worker without a pre-termination hearing. Wheeler, initially hired in 1989, was suspended and terminated in May 2005. The core legal question addressed whether Wheeler's employment constituted a 'property' interest as defined by New York Civil Service Law. The defendants' argument against a pre-termination hearing was found to be unsubstantiated by relevant state law or county commission rules. The court, citing *Ficken v. Vocational Educ. & Extension Bd*, determined that without proper jurisdictional and position classifications by the Columbia County Civil Service Commission, Wheeler's due process rights were violated. Consequently, the court granted summary judgment in favor of the plaintiff, ordering his reinstatement with back pay and enjoining the District from future terminations without a pre-termination hearing, while dismissing his First Amendment retaliation claims.

Due ProcessFourteenth Amendment42 USC 1988Summary JudgmentPublic EmploymentCivil Service LawNew YorkTerminationPre-termination HearingProperty Interest
References
12
Case No. ADJ10268949
Regular
Nov 23, 2016

ELOY DELA TORRE FERNANDEZ vs. MERCHANT'S LANDSCAPE SERVICES, INC.

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a prior decision that barred the applicant's claim due to a post-termination filing defense. The applicant claimed exceptions to this defense, arguing he received pre-termination treatment and that his date of injury, under Labor Code § 5412, occurred after his termination. The WCAB found insufficient evidence to decide the pre-termination treatment exception and remanded the case to clarify the applicant's date of injury under § 5412, as this date's post-termination status would be an exception to the defense. The prior order was rescinded and the case returned for further proceedings.

Workers Compensation Appeals BoardPetition for ReconsiderationFindings and OrderLabor Code Section 3600(a)(10)Post-termination DefenseCumulative InjuryDate of InjurySection 5412Compensable DisabilityTrier of Fact
References
3
Case No. ADJ10052997
Regular
Mar 06, 2017

JESUS LLAMAS RUIZ vs. FLINTRIDGE RIDING CLUB, STATE COMPENSATION INSURANCE FUND

This case concerns an employer's petition for reconsideration of a Workers' Compensation Appeals Board finding that the applicant sustained work-related injuries. The employer argued the post-termination defense applied because no pre-termination medical records existed. However, the Board denied reconsideration, finding the applicant met an exception to the defense. This exception, under Labor Code section 3600(a)(10)(D), applies when the date of injury, defined by disability and knowledge of employment causation, occurs after the termination date. The Board affirmed the applicant demonstrated this exception, making the lack of pre-termination medical records irrelevant.

Workers' Compensation Appeals BoardFlintridge Riding ClubState Compensation Insurance FundJesus Llamas RuizPetition for ReconsiderationFindings of FactAdministrative Law JudgeLabor Code Section 3600(a)(10)Post-Termination DefenseException (D)
References
0
Case No. MISSING
Regular Panel Decision

Holmes v. Gaynor

Raymond Holmes, Jr., a former employee of the Village of Piermont, sued Defendants Thomas Gaynor, Dennis Hardy, and the Village, alleging violations of his Fourteenth Amendment rights under 42 U.S.C.A. § 1983. Holmes claimed selective prosecution regarding an illegal dumping scheme, termination without a pre-deprivation hearing, and defamation linked to his termination. The defendants moved for summary judgment on all claims. The Court found Holmes failed to present sufficient evidence for his selective prosecution and liberty interest claims, and that his termination, if it occurred, was pursuant to Civil Service Law Section 71, which does not require a pre-termination hearing. Therefore, the Defendants' motions for summary judgment were granted, and the case was dismissed.

Summary JudgmentCivil RightsEqual ProtectionDue ProcessSelective ProsecutionDefamationLiberty InterestIllegal DumpingWorkers' Compensation LeaveCivil Service Law Section 71
References
22
Case No. ADJ10549875
Regular
Jun 07, 2018

, Geronimo Hernandez vs. KINSBURSKY BROTHERS, ZURICH LOS ANGELES

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a prior decision that denied applicant Geronimo Hernandez's claim. The WCAB reversed the administrative law judge's (ALJ) finding that the claim was barred by the post-termination defense, holding that existing pre-termination medical records from Dr. Santos sufficiently evidenced an injury. The Board returned the case to the trial level for further proceedings to determine industrial causation, acknowledging that applicant's credibility was an issue for the ALJ to resolve. The Board noted a dissenting opinion from Commissioner Razo, who would have denied reconsideration based on the ALJ's credibility findings and the lack of objective findings in the pre-termination medical records.

Post-termination defenseCumulative trauma injuryIndustrial causationMedical recordsWCJ credibilityPetition for ReconsiderationVerified pleadingsSubstantial justiceDevelopment of recordPanel medical evaluation
References
7
Case No. MISSING
Regular Panel Decision
Jan 11, 2002

Termine v. Continental Baking Co.

Salvatore Termine, a plaintiff, appealed an order from the Supreme Court, Westchester County, which granted summary judgment to the defendant, Continental Baking Company (CBC), dismissing his personal injury complaint. Termine was injured in October 1998 while employed by Interstate Brands Corporation (IBC). CBC, the record owner of the property, had merged with its parent IBC in 1995, and its authority to do business in New York terminated shortly thereafter. The appellate court affirmed the Supreme Court's decision, ruling that Termine's action was barred by Workers’ Compensation Law § 11 because his employer, IBC, was the actual owner of the property at the time of the accident, not CBC. The court also rejected Termine's argument regarding CBC's failure to file a deed, stating Real Property Law § 291 protects purchasers, not personal injury claimants.

Workers' Compensation ExclusivityMerger of CorporationsReal Property OwnershipSummary JudgmentPersonal Injury DamagesAppellate ReviewEmployer ImmunityDelaware Corporation LawNew York Business LawDeed Filing
References
6
Case No. ADJ8394203
Regular
Oct 08, 2013

Anthony Miranda vs. Fresno Unified School District

The Workers' Compensation Appeals Board denied Anthony Miranda's Petition for Reconsideration, upholding the WCJ's decision that his injury claim was barred under Labor Code section 3600(a)(10). Miranda failed to prove any of the statutory exceptions, specifically that his employer had notice of the injury before his termination notice, that his pre-termination medical records documented the injury, or that the injury occurred after his termination notice. The Board found that Miranda admitted he did not report the injury until after his termination and that no medical evidence existed prior to his termination notice. Therefore, his claim for the May 9, 2012, bus accident injury was denied.

Labor Code 3600(a)(10)Petition for ReconsiderationDenial of ReconsiderationTimeliness of ClaimNotice of TerminationPre-Termination InjuryMedical RecordsSurveillance VideoIndustrial InjuryWorkers' Compensation Appeals Board
References
0
Case No. No. 70
Regular Panel Decision
Oct 25, 2022

The Matter of City of Long Beach v. New York State Public Employment , Relations Board

This case addresses whether the Taylor Law requires municipalities to engage in collective bargaining over pre-termination procedures for employees absent for over a year due to line-of-duty injuries under Civil Service Law § 71. The City of Long Beach challenged a Public Employment Relations Board (PERB) ruling that mandated such bargaining. The New York Court of Appeals reversed the Appellate Division's decision, which had sided with the City, and reinstated the Supreme Court's judgment affirming PERB. The Court held that legislative intent to remove this issue from mandatory bargaining was not clear, and therefore, pre-termination procedures are a mandatory subject of collective bargaining.

Collective BargainingTaylor LawCivil Service Law § 71Public Employment Relations BoardMunicipal EmploymentTermination ProceduresLine-of-Duty InjuryStatutory InterpretationMandatory BargainingDue Process
References
14
Case No. MISSING
Regular Panel Decision

Bailey v. Village of Pittsford

Edward Bailey, a former full-time Building Inspector and Code Enforcement Officer for the Village of Pittsford, sued his former employer alleging age discrimination under the ADEA and a Fourteenth Amendment due process violation. Bailey's full-time position was eliminated due to budget cuts, and he accepted a newly created part-time role. He contended that the change was discriminatory and that he was denied a pre-termination hearing. The court granted the Village's motion for summary judgment, finding that Bailey failed to establish a prima facie case of age discrimination and could not rebut the Village's legitimate, nondiscriminatory reason (budgetary concerns). Additionally, his due process claim was dismissed because he did not request a pre-termination hearing.

Age DiscriminationEmployment LawSummary JudgmentDue ProcessCivil Service LawBudget CutsReduction in ForcePretextADEAFourteenth Amendment
References
19
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