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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

Jones v. District Attorney's Office of New York

Thomas Jones, currently incarcerated, filed an Article 78 proceeding to vacate the denial of his FOIL request by the District Attorney’s Office of the County of New York (DANY). Jones sought a trial verdict sheet from his 2000 conviction for conspiracy and assault. DANY denied the request, stating Judiciary Law § 255, which Jones cited, applies only to court clerks, not district attorneys. The court affirmed DANY's denial, ruling that district attorneys are not clerks of the court, and also found Jones's claims to be time-barred under the four-month statute of limitations for Article 78 proceedings. The petition was consequently denied and dismissed with prejudice.

FOIL RequestVerdict SheetArticle 78 ProceedingStatute of LimitationsDistrict AttorneyCourt ClerkJudiciary LawPenal LawCriminal ConspiracyAssault
References
3
Case No. MISSING
Regular Panel Decision

Capone v. Patchogue-Medford Union Free School District

The petitioner, an employee of Patchogue-Medford Union Free School District (UFSD), was terminated after two adult students reported sexually explicit conversations and offers of sexual acts from him. The UFSD charged the petitioner with 18 specifications of misconduct under Civil Service Law §75. Following a hearing where 17 charges were sustained, the hearing officer recommended termination, which the UFSD adopted. The petitioner initiated an article 78 proceeding, arguing insufficient notice, lack of substantial evidence, and an excessively severe penalty. The court confirmed the determination, finding the charges adequate, supported by substantial evidence from student testimonies, and that termination was not disproportionate given precedent, despite the petitioner's previously unblemished 19-year record.

Employment terminationSexual misconductAdministrative reviewCivil Service LawSufficiency of evidencePenalty proportionalityArticle 78Due processHearing officer findingsPublic education employee
References
6
Case No. ADJ3126264 (RIV 0065704) ADJ842531 (RIV 0065705)
Regular
May 25, 2010

VELMA L. LANKSTER vs. COMPTON UNIFIED SCHOOL DISTRICT, HAZELRIGG RISK MANAGEMENT SERVICES, INC.

The Workers' Compensation Appeals Board (WCAB) granted a joint petition for removal and ordered a change of venue for two cases to the Anaheim district office. This was done because a prior petition for venue change was not acted upon within the required timeframe, and the judge's subsequent order was untimely. Despite the procedural issue, the WCAB found good cause and consolidated the cases with other related matters in Anaheim.

Workers' Compensation Appeals BoardPetition for RemovalChange of VenueAnaheim District OfficeConsolidationPresiding Workers' Compensation Administrative Law JudgeEAMSTimelyJurisdictionGood Cause
References
0
Case No. ADJ9258192 (Van Nuys District Office) ADJ1460512 (NOR 0187897) (Los Angeles District Office) ADJ3082172 (MON 0248019) (Marina del Rey District Office)
Regular
Jul 10, 2015

THOMAS SENCZAKIEWICZ vs. BOEING COMPANY, SEDGWICK CLAIMS MANAGEMENT SERVICES, INC.

In this workers' compensation case, the Applicant Thomas Senczakiewicz sought reconsideration of a decision. The Workers' Compensation Appeals Board (WCAB) has granted reconsideration to allow further study of the factual and legal issues involved. This means the previous decision is vacated, and the WCAB will review the case further to issue a just decision. All future correspondence related to the petition must be filed directly with the WCAB's Commissioners' office in San Francisco.

Workers' Compensation Appeals BoardPetition for ReconsiderationStatutory Time ConstraintsFactual and Legal IssuesJust and Reasoned DecisionFurther ProceedingsOffice of the CommissionersElectronic Adjudication Management System (EAMS)Trial Level DocumentsProposed Settlement
References
0
Case No. ADJ3367486 (RIV 0016856) ADJ281670 (RIV 0008214) ADJ2292739 (RIV 0003259)
Regular
Feb 03, 2016

ROBERT O'NEAL vs. L.A. COUNTY FAIR ASSOCIATION, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION (CIGA)

The Workers' Compensation Appeals Board (WCAB) has granted the applicant's petition for reconsideration in the case of Robert O'Neal v. L.A. County Fair Association and CIGA. This reconsideration is granted to allow for further study of the complex factual and legal issues presented. The WCAB needs a complete understanding of the record to issue a just decision. All future filings related to the petition must be submitted directly to the WCAB Commissioners' office, not to any district office.

Workers' Compensation Appeals BoardPetition for ReconsiderationGrant of ReconsiderationStatutory Time ConstraintsFactual and Legal IssuesJust and Reasoned DecisionOffice of the CommissionersElectronic Adjudication Management System (EAMS)Proposed SettlementWCJ
References
0
Case No. MISSING
Regular Panel Decision

United States v. District Council of New York City

This civil RICO action involves a motion by the government to hold the District Council of New York City and Vicinity of the United Brotherhood of Carpenters and Joiners of America and its president, Peter Thomassen, in contempt of a 1994 consent decree. The central issue is whether collective bargaining agreements (CBAs) enacted in 2001, which modified job referral rules (specifically the "50/50 Rule" and the "Request System"), violated the consent decree by not providing prior notice to the government. The government argued that these changes diluted fair job assignments. The District Council contended that the consent decree's notice requirements did not extend to CBAs and that the changes were made to enhance union contractors' competitiveness. The court denied the government's motion, concluding that while the consent decree's notice provision was broad, it explicitly excluded CBAs from review by court officers, rendering the decree's applicability to future CBAs at best ambiguous and thus not a basis for a contempt finding.

RICO ActionLabor OrganizationConsent DecreeContempt MotionCollective Bargaining AgreementsJob Referral Rules50/50 RuleRequest SystemUnion GovernanceOrganized Crime
References
6
Case No. MISSING
Regular Panel Decision
Apr 10, 2018

Greenaway v. Cnty. of Nassau

This case addresses post-verdict motions following a jury trial where plaintiffs Shuay'b Greenaway, Sharon Knight, and Avery Knight sued the Incorporated Village of Hempstead, County of Nassau, and several police officers for constitutional violations including false imprisonment, excessive force, and unlawful entry. The jury found defendants liable on multiple counts, awarding substantial damages. The District Court largely denied motions for judgment as a matter of law. While upholding most liability findings, the Court granted remittitur for Mr. Greenaway's excessive force award, reducing it to $2.5 million, and for the unlawful entry/trespass claim, reducing it to $10,000. Punitive damages against individual officers were upheld, but awards for gross negligence and failure to intervene were reduced to zero.

Excessive ForceFalse ImprisonmentUnlawful EntryTrespassMunicipal LiabilityPunitive DamagesRule 50(b) MotionRule 59 MotionRemittiturQualified Immunity
References
59
Case No. MISSING
Regular Panel Decision

District 2 Marine Engineers Beneficial Ass'n v. Puerto Rico Marine Management, Inc.

District 2, a marine engineers union, sued Puerto Rico Marine Management, Inc. (PRMMI) to compel arbitration after PRMMI terminated their collective bargaining agreement and discharged union members. PRMMI argued the agreement was terminable at will, while District 2 maintained it was still in effect, terminable only by the union. The court found both interpretations unpersuasive, ruling the agreement's extension implied a reasonable period for good faith negotiations and required reasonable notice for termination. Therefore, the court denied both parties' motions for summary judgment and PRMMI's motion to dismiss, ordering a factual hearing to determine the effectiveness of the termination, while making accrued benefit claims immediately arbitrable.

ArbitrationCollective Bargaining AgreementContract TerminationLabor DisputeSummary JudgmentSubject Matter JurisdictionUnionEmployerGood Faith NegotiationsReasonable Notice
References
6
Case No. MISSING
Regular Panel Decision

Mount Sinai Union Free School District v. Board of Education Port Jefferson Public Schools

Mount Sinai and Port Jefferson School Districts had a long-standing contract for Mt. Sinai to send its high school students to Port Jefferson. Following a deterioration of relations and an increase in Mt. Sinai's student population, Mt. Sinai decided to build its own high school. New York Education Law § 3014-c was enacted, requiring sending districts to consider teachers from receiving districts as their own employees. Mt. Sinai challenged this statute, alleging various constitutional violations. The court dismissed claims by teacher, parent/student, and taxpayer plaintiffs for lack of standing, and then dismissed the remaining Contract Clause claim by Mt. Sinai, granting summary judgment to the defendants.

School DistrictsTeacher TenureEducation LawContract ClauseDue ProcessEqual ProtectionStandingAbstention DoctrineSummary JudgmentFederal Civil Procedure
References
17
Case No. ADJ 2662045 (RIV 81817)
Regular
Aug 26, 2008

GUADALUPE ALARCON vs. JOHN BATMAN dba TIRES & WHEELS OF AMERICA, PENNSYLVANIA MANUFACTURERS' ASSOCIATION INSURANCE COMPANY, ILLINOIS MIDWEST INSURANCE COMPANY

The petition for removal is denied because the venue was correctly transferred to the San Diego district office, as there is no district office in Imperial County where the applicant resides and the injury occurred.

Petition for RemovalOrder Changing VenueVenue TransferLabor Code 5501.5Attorney's Principal Place of BusinessConvenience of WitnessesApplication for Adjudication of ClaimDeclaration of Readiness to ProceedExpedited HearingWCAB Rule 10410
References
1
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