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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

Leary v. New York City Employees' Retirement System

Dorothy Leary, a part-time junior public health nurse for the New York City Department of Health and Mental Hygiene, injured her left knee after slipping on stairs due to wet shoes from snow outside. Her application for disability retirement benefits was denied by the Board of Trustees of the New York City Employees’ Retirement System, following a recommendation from the Medical Board that her injuries were not sustained as an 'accident' under Retirement and Social Security Law § 605. Leary challenged this determination through a CPLR article 78 proceeding, which the Supreme Court initially denied. However, the appellate court reversed this judgment, granted Leary's petition, annulled the Board's determination, and remitted the matter for further proceedings, concluding that her fall constituted an accident.

Workers' CompensationDisability RetirementPublic Health NurseSlip and Fall InjuryAccident DefinitionCPLR Article 78Medical Board ReviewAppellate ReversalRetirement and Social Security LawKings County Supreme Court
References
7
Case No. MISSING
Regular Panel Decision

Civil Service Employees Ass'n v. New York State Public Employment Relations Board

The Civil Service Employees Association (C.S.E.A.) filed an Article 78 application to challenge actions taken by the City of White Plains and the Public Employment Relations Board (P.E.R.B.). C.S.E.A. sought to vacate a resolution where the City recognized a different employee organization (S.I.W.A.) for a portion of its employees, thereby altering C.S.E.A.'s bargaining unit, and to annul a P.E.R.B. order upholding the City's action. The City cross-moved to dismiss the petition, arguing improper venue and that it was not a proper party. The court determined that Albany County was the correct venue and that the City was a proper party. The central issue was whether the City could unilaterally change bargaining unit composition without C.S.E.A.'s consent or a decertification petition. The court ultimately denied C.S.E.A.'s requested relief, agreeing with P.E.R.B. that public employers can recognize different employee organizations once an incumbent's unchallenged representation status period expires, in accordance with Civil Service Law sections 204 and 208.

Public Employment RelationsCollective Bargaining UnitsEmployee Organization RecognitionTaylor LawCivil Service LawArticle 78 CPLRBargaining Unit AlterationDecertification ProceedingsPublic Employer RightsVenue Disputes
References
1
Case No. MISSING
Regular Panel Decision
Jun 11, 1990

Waldeck v. New York City Employees' Retirement System

A New York Supreme Court panel reversed a lower court's decision that had granted a deferred retirement allowance to a Department of Sanitation employee, Barbaro. Barbaro, a member of NYCERS since 1969, sought a deferred retirement allowance in July 1989, with an intended retirement date of August 18, 1989. However, he was dismissed on August 17, 1989, for soliciting unlawful payments. The appellate court determined that his dismissal occurred prior to his intended retirement date, thereby rendering him ineligible for the vested retirement allowance under Administrative Code § 13-173.1. The court clarified that the effective date of discharge was when the Commissioner signed the termination letter, irrespective of the date for commencing an appeal.

Retirement AllowancePublic EmployeeDismissalVestingAdministrative LawCivil ServiceNew York CityDepartment of SanitationAppellate ReviewEmployment Law
References
1
Case No. MISSING
Regular Panel Decision

Brown v. New York City Employees' Retirement System

A maintenance employee for the New York City Housing Authority sustained a right knee injury in March 1978 during a mugging and reinjured it in May 1979 while moving a refrigerator. His application for accident disability retirement was denied by the New York City Employees’ Retirement System, whose medical board found no causal relationship between the 1978 incident and the disability, and no accident in 1979. Special Term initially vacated this determination, concluding the 1979 event was an accident. However, the Appellate Division reversed Special Term's judgment, holding that an injury occurring without an unexpected event during ordinary employment duties does not constitute an accidental injury. The court found that the petitioner failed to prove an unexpected event, as his knee merely 'gave way' while moving a refrigerator, and therefore dismissed the petition.

Accident Disability RetirementNew York City Employees’ Retirement SystemKnee InjuryPerformance of DutiesCausal RelationshipMedical Board OpinionCPLR Article 78Appellate ReviewAccidental Injury DefinitionBurden of Proof
References
3
Case No. MISSING
Regular Panel Decision
Mar 17, 2003

Collins v. New York City Employees' Retirement System

Petitioner Odessa Collins, an employee of the City of New York Human Resources Administration, challenged NYCERS' denial of her application to purchase premembership retirement service credit for her employment at various day-care centers between 1970 and 1982. Collins argued that her service at HRA-licensed day-care centers, which were under contract with the City, should qualify for credit under Retirement and Social Security Law § 609. NYCERS denied the application, stating that day-care center employees were not on the city payroll and therefore not eligible for NYCERS membership or credit. The court upheld NYCERS' determination, finding it rational and not arbitrary or capricious, as Collins' employment was not

Retirement Service CreditPublic EmploymentDay Care CentersNYCERSPre-Membership ServiceCity PayrollParticipating EmployerArbitrary and CapriciousRational Basis ReviewAdministrative Law
References
11
Case No. 2025 NY Slip Op 05084
Regular Panel Decision
Sep 24, 2025

Matter of Gunderson v. New York City Employees' Retirement Sys.

The petitioner, an employee of the New York City Department of Sanitation, sought accidental disability retirement (ADR) benefits after falling on a loose vinyl floor tile and injuring his left shoulder. The Medical Board and the Board of Trustees of the New York City Employees' Retirement System (NYCERS) denied his application, concluding the fall was not an 'accident' because he was aware of the floor's disrepair. The Supreme Court upheld this denial. The Appellate Division, Second Department, reversed the judgment, finding insufficient record support that the petitioner was aware of the particular hazard—that the vinyl floor tiles might shift under his weight. The court concluded that there was no rational, nonspeculative basis for the determination that the event was not an accident, thereby deeming the Board of Trustees' decision arbitrary and capricious. The petition was granted, the determination annulled, and the matter remitted to the Board of Trustees for further proceedings.

Accidental Disability RetirementPublic Employee BenefitsSlip and FallPremises LiabilityAdministrative Law ReviewArticle 78 ProceedingNYCERSMedical BoardAppellate ReviewHazard Awareness
References
5
Case No. MISSING
Regular Panel Decision

Cravotta v. New York City Employees' Retirement System

The petitioner, a New York City sanitation worker, sustained a knee injury after allegedly slipping on a sanitation truck step contaminated by a slippery substance from a dump site. His application for accidental disability retirement benefits from the New York City Employees’ Retirement System (NYCERS) was denied, as his injury was not deemed an "accident" under Retirement and Social Security Law § 605-b. The petitioner challenged this determination, but both the Supreme Court and the appellate court affirmed the denial. The courts found that the injury occurred during routine duties and was not so extraordinary or unexpected as to constitute an accidental injury.

Accidental disabilityRetirement benefitsSanitation workerKnee injurySlipping accidentRoutine dutiesNYCERSAdministrative determinationJudicial reviewAnnulment petition
References
7
Case No. MISSING
Regular Panel Decision

Cicatello v. Brewery Workers Pension Fund

This case addresses an action brought by employees and retired employees of the New York State Teamsters Conference Pension and Retirement Fund (Teamsters Fund) seeking to enjoin the merger of the Teamsters Fund with the Brewery Workers Pension Fund. Plaintiffs alleged multiple violations of the Employee Retirement Income Security Act of 1974 (ERISA), including insufficient employee notification of the proposed merger, potential reduction in benefits, and failure to meet minimum funding standards. Chief Judge Curtin of the federal court determined that ERISA provisions cited by plaintiffs were either inapplicable to multiemployer plans at the time or had established mechanisms to address the concerns. The court also found the claim regarding the merger not being in the best interests of Teamsters Fund participants to be barred by res judicata due to prior state court decisions. Consequently, the court denied the request for preliminary injunctive relief and dismissed the complaint for failure to state a claim.

Employee Retirement Income Security Act (ERISA)Pension FundsFund MergerPreliminary InjunctionDeclaratory JudgmentRes JudicataMulti-employer PlansFiduciary DutyMinimum Funding StandardsTax Qualification
References
12
Case No. MISSING
Regular Panel Decision
May 12, 1988

Torres v. New York City Employees' Retirement System

The petitioner, a Rikers Island correction officer, sought to annul the New York City Employees’ Retirement System’s denial of his application for accident disability retirement benefits. The Supreme Court affirmed the dismissal of the petition, finding that the Medical Board and Board of Trustees' determination was neither arbitrary nor capricious. The court found that the petitioner's injuries occurred after he completed his tour of duty and signed out, while leaving the premises on a Correction Department bus, not in the actual performance of city service. This decision was based on Administrative Code of the City of New York § 13-168, which requires injury during city service for eligibility. The court also clarified that eligibility for workers’ compensation benefits was not binding on the Medical Board for accident disability benefits, referencing Administrative Code § 13-176 (c).

accident disability retirementRikers Island correction officercity serviceNew York City Employees’ Retirement SystemMedical BoardBoard of TrusteesCPLR Article 78workers' compensationadministrative coderetirement benefits
References
3
Case No. MISSING
Regular Panel Decision

Borenstein v. New York City Employees' Retirement System

This appeal addresses the proper standard for judicial review of a determination by the New York City Employees’ Retirement System (NYCERS) Medical Board regarding an applicant's physical disability for city-service. The respondent, an Assistant Deputy Warden, sought accidental disability retirement benefits after sustaining injuries at Rikers Island, but the Medical Board repeatedly found her not medically disabled despite conflicting medical opinions. While the Supreme Court initially dismissed her petition, the Appellate Division reversed, granting her pension. The Court of Appeals, however, reversed the Appellate Division, upholding the Medical Board’s determination as it was based on 'some credible evidence' and was not arbitrary or capricious. The court emphasized that the Medical Board has the authority to resolve conflicting medical evidence and that judicial review should not substitute its judgment for the Board's.

Judicial reviewDisability benefitsAccidental disabilityNYCERSMedical BoardCPLR Article 78Substantial evidenceArbitrary and capriciousAdministrative lawConflicting medical evidence
References
12
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