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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

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
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. 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

Cassarino v. New York City Employees' Retirement System

The petitioner sought accidental disability retirement benefits, but the Board of Trustees of the New York City Employees’ Retirement System denied the application on December 13, 2007. The Supreme Court reviewed this denial and found that the Board's determination was not arbitrary and capricious. The court reasoned that the petitioner's injuries arose from the performance of usual duties as a sanitation worker, citing prior cases. Furthermore, the court determined that the petitioner's slip or trip on a strap within a sanitation truck was not sufficiently extraordinary or unexpected to qualify as an 'accidental' injury under the law. Consequently, the Supreme Court affirmed the Board's denial of benefits.

Accidental DisabilityRetirement BenefitsSanitation WorkerNew York City Employees’ Retirement SystemJudicial ReviewAdministrative DeterminationInjury CausationOrdinary DutiesAppellate DivisionSocial Security Law
References
3
Case No. MISSING
Regular Panel Decision

Barbaro v. New York City Employees' Retirement System

The court addressed two consolidated CPLR Article 78 proceedings concerning whether petitioners' dismissal from the Department of Sanitation was effective prior to the vesting of their deferred retirement allowances. Petitioners, Waldeck and Barbaro, applied for the allowance, which vests if an employee is not dismissed within 30 days of application. Respondents, the Department of Sanitation and New York City Employees’ Retirement System, contended that petitioners were dismissed before the vesting date. The court found discrepancies in the dismissal documentation, a lack of explanation from a key witness (Commissioner Sexton), and insufficient proof that the dismissal notices were properly served according to Civil Service Law § 76. Consequently, the court concluded that the dismissals were not effective by the critical date, entitling petitioners to their vested retirement allowances.

Deferred Retirement AllowanceAdministrative DismissalCPLR Article 78Vested RightsDue ProcessService of NoticeCivil Service LawPublic EmployeesDepartment of SanitationNew York City Employees’ Retirement System
References
0
Case No. ADJ9100288
Regular
May 17, 2018

GILBERT CORTEZ (Deceased), NOHEMA CORTEZ (Surviving Spouse & Guardian Ad Litem), et al. vs. CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION, Legally Uninsured, CALIFORNIA PUBLIC EMPLOYEES RETIREMENT SYSTEM, STATE COMPENSATION INSURANCE FUND (Claims Administrator)

The Workers' Compensation Appeals Board (WCAB) rescinded a prior decision concerning death benefits for the deceased employee's children, Andres and Marisa Cortez. The WCAB remanded the case to the administrative law judge to properly join the California Public Employees' Retirement System (CalPERS) and determine the entitlement to and coordination of workers' compensation death benefits with CalPERS special death benefits. The WCAB clarified that the "good cause" standard under *Antrim* applies and that CalPERS benefits may offset workers' compensation benefits to avoid duplicate payments. Further proceedings are required to consider the specific claims of dependency and the impact of CalPERS payments.

Workers' Compensation Appeals BoardCDCRSCIFCalPERSdeath benefitsdependent childrenspecial death benefitsoffsetAntrim standardLabor Code section 4707
References
7
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

County of Westchester v. Arfmann

The case concerns public employees of the Westchester County Department of Public Welfare who engaged in a strike starting March 1, 1967, resulting in a motion for a temporary injunction by the County of Westchester. The employees, including the Westchester Welfare Workers Association, picketed county offices due to reported issues like case overloads and poor working conditions. While defendants claimed illness and presented testimony from a psychiatrist regarding 'adult situational stress reactions,' the court found that the mass absence constituted a strike interfering with welfare services. The court ruled that Section 807 of the Labor Law, which forbids injunctions in labor disputes, does not apply to public employees. Consequently, the court granted the plaintiff's motion for a temporary injunction.

Public Sector StrikeTemporary InjunctionLabor DisputeCivil Service LawEmployee ProtestWestchester CountyWelfare DepartmentIllegal StrikePicket LinesGovernment Employees
References
1
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