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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

Greece Support Service Employees Ass'n v. Public Employment Relations Board

This case concerns an appeal regarding the proper application of Civil Service Law § 209-a (1) (e) to salary provisions in an expired collective bargaining agreement between an unnamed petitioner and the Greece Central School District. The agreement, from July 1992 to June 1995, included cost-of-living adjustments for salary schedules during its term. After the agreement expired, the District continued existing salary schedules but ceased further cost-of-living adjustments for 1995-1996, prompting the petitioner to file an improper practice charge. The Public Employment Relations Board (PERB) reversed an Administrative Law Judge's decision, concluding that the agreement did not mandate continued cost-of-living adjustments post-expiration. The Supreme Court dismissed the petitioner's subsequent CPLR article 78 petition seeking annulment of PERB's determination. The Appellate Division affirmed the Supreme Court's judgment, deferring to PERB's expertise and finding its interpretation that the adjustments were limited to the agreement's term to be reasonable and legally permissible.

Collective Bargaining AgreementSalary AdjustmentCost-of-Living AdjustmentPublic EmployerImproper Practice ChargeCivil Service LawPublic Employment Relations BoardJudicial ReviewCPLR Article 78Statutory Interpretation
References
6
Case No. 2018 NY Slip Op 04944 [162 AD3d 1777]
Regular Panel Decision
Jun 29, 2018

Matter of Town of Tonawanda (Town of Tonawanda Salaried Workers Assn.)

This case involves an arbitration matter between the Town of Tonawanda, as Respondent, and the Town of Tonawanda Salaried Workers Association, as Appellants. The Appellants' motion for leave to appeal to the Court of Appeals was denied by the Appellate Division, Fourth Department. The decision was rendered on June 29, 2018.

ArbitrationMotion to appealLeave to appealDenialAppellate practiceLabor lawPublic employmentCollective bargainingFourth DepartmentCourt of Appeals (denied)
References
2
Case No. MISSING
Regular Panel Decision

Local 323 v. International Union of Electronic, Electrical, Salaried, MacHine & Furniture Workers

Plaintiffs, Local 323 and its officers, initiated a lawsuit against the International Union of Electronic, Electrical, Salaried, Machine and Furniture Workers (IUE). They alleged that the IUE unlawfully denied Local 323's right to disaffiliate, claiming the IUE amended its constitution to obstruct disaffiliation and breached its own rules in denying their application. Plaintiffs sought judicial enforcement of disaffiliation, retention of assets, an injunction, and damages. The defendant moved to dismiss the complaint, asserting various defenses, including the plaintiffs' failure to exhaust internal union remedies. The court ultimately granted the defendant's motion, concluding that Local 323 had not exhausted its available administrative remedies within the union, a prerequisite for pursuing the claims in federal court, given the internal nature of the dispute.

Union DisaffiliationLabor LawLMRALMRDAExhaustion of Administrative RemediesInternal Union DisputeMotion to DismissBreach of ContractFederal Court JurisdictionUnion Constitution
References
14
Case No. ADJ3875296 (SRO 0140946)
Regular
Sep 28, 2009

Corey Murphy vs. BLUE MOUNTAIN AIR, LIBERTY MUTUAL INSURANCE COMPANY

This case concerns whether employer salary continuation payments count towards the two-year temporary disability cap under Labor Code section 4656(c). The Appeals Board granted reconsideration because the record was incomplete regarding the nature of the salary continuation. Specifically, the Board requires further development of evidence to determine if these payments were made under a collective bargaining agreement or formal company policy. The matter is returned to the trial level for these determinations and a new decision.

Temporary DisabilityLabor Code section 4656(c)Salary ContinuationPetition for ReconsiderationFindings and AwardIndustrial InjuryStaph InfectionRight Lower ExtremityCollective Bargaining AgreementFormal Company Policy
References
0
Case No. ADJ9126761
Regular
Jul 28, 2014

Jennifer James vs. CITY OF SANTA ROSA, Permissibly Self-Insured, Administered by REDWOOD EMPIRE MUNICIPAL INSURANCE FUND

This case concerns Jennifer James, a police officer injured on duty, who sought additional benefits under Labor Code Section 4850. The core dispute is whether Section 4850 benefits, providing a leave of absence without loss of salary for up to one year, should be paid for a calendar year or until the equivalent of a full year's salary has been received. The majority affirmed the WCJ's decision, ruling that the one-year limitation is based on the duration of payments, not the total salary amount. A dissenting opinion argued that the intent of Section 4850 is to ensure no loss of salary, thus allowing benefits to continue until the equivalent of a full year's salary is paid, especially for injured public safety officers.

Labor Code section 4850temporary partial disabilitymodified dutiespolice officerwage loss benefitssalary continuationaggregate disability paymentsEason v. City of RiversideKosowski v. Workers' Comp. Appeals Bd.County of Alameda v. Workers' Comp. Appeals Bd.
References
10
Case No. MISSING
Regular Panel Decision
Apr 20, 1992

Town of Newburgh v. Civil Service Employees Ass'n

This case involves an appeal concerning an arbitration award related to a collective bargaining agreement. The petitioner sought to vacate an arbitrator's award that mandated salary increases for incumbent typist employees to match a new hire's salary rate. The respondent, Civil Service Employees Association, cross-petitioned to confirm the award. The Supreme Court denied the petition and confirmed the award. On appeal, the judgment was modified; the appellate court vacated the portion of the arbitration award concerning the specific salary increase and remitted the matter to the arbitrator. The court affirmed that the timeliness of a grievance is an arbitrator's domain but found the arbitrator exceeded authority by fashioning a remedy outside the collective bargaining agreement's explicit limitations. The case was remitted for a modified award consistent with the agreement's terms.

Arbitration AwardCollective Bargaining AgreementSalary DisputeExceeding AuthorityProcedural TimelinessJudicial ReviewContractual LimitationsGrievance ProcedureTypist SalariesAppellate Review
References
14
Case No. MISSING
Regular Panel Decision

Nassau Chapter of the Civil Service Employees Ass'n v. County of Nassau

The Nassau Chapter of the Civil Service Employees Association (CSEA) initiated an action against the County of Nassau, seeking a declaratory judgment regarding the proper salary plan for CETA-funded employees who transitioned to county-funded positions after January 1, 1977. CSEA contended that these workers, having commenced service prior to the cut-off date, were 'employees' under existing collective bargaining agreements and should remain on the 'Incremental Graded Salary Plan' (Plan A). The County argued they were 'new employees' after 1976, falling under the 'Non-Incremental Graded Salary Plan' (Plan B). The court reviewed the federal CETA legislation, the collective bargaining agreement, and the County's past conduct towards CETA workers, which consistently treated them as county employees with various benefits. Concluding that CETA workers qualified as 'employees' from their initial service date, the court ruled in favor of CSEA. The decision mandates that these workers be continued under Plan A, citing principles of statutory parity, established case law, and the policy goals of the CETA program for upward mobility.

Collective BargainingSalary PlansCETA ProgramPublic EmploymentEmployee RightsDeclaratory JudgmentCivil Service LawUnion RepresentationStatutory InterpretationGovernment Employees
References
2
Case No. ADJ7298811
Regular
Dec 21, 2012

JONATHAN WYCINSKY vs. CITY OF CITRUS HEIGHTS, Permissibly Self-Insured, Adjusted by YORK RISK SERVICES GROUP, INC.

Here's a concise summary for a lawyer: Applicant, a police officer, sustained an industrial shoulder injury and was initially paid full salary under Labor Code § 4850. He later voluntarily resigned for financial reasons unrelated to his injury to accept a position with another city. The Board found that a voluntary, non-medical resignation terminates the employment relationship required for a § 4850 leave of absence. Therefore, the defendant is not liable for continued full salary payments post-resignation, despite the applicant remaining employed as a police officer elsewhere.

Labor Code section 4850police officervoluntary resignationnonmedical reasonsleave of absencefull salarytemporary disabilityindustrial injurytermination of employmentCity of Citrus Heights
References
5
Case No. ADJ11235958
Regular
Jul 25, 2018

Scot Turknette vs. COUNTY OF SAN BERNARDINO

The Appeals Board granted removal of this workers' compensation case, rescinding the expedited hearing's cancellation. The applicant, a potential firefighter, sought an expedited hearing on entitlement to Labor Code section 4850 salary continuation benefits, which would provide full salary for up to one year, exceeding temporary and permanent disability payments. The Board found that denial of an expedited hearing for these benefits, which are paid in lieu of temporary disability, would cause significant prejudice and harm. The case is remanded for an expedited hearing on the applicant's section 4850 benefit claim.

Labor Code section 4850salary continuation benefitsfirefighter classificationexpedited hearingPetition for Removalsignificant prejudiceirreparable harmtemporary disability indemnityPresiding WCJMMI status
References
3
Case No. MISSING
Regular Panel Decision

Claim of Houda v. Niagara Frontier Hockey

The Workers' Compensation Board granted employers' requests for reimbursement from injured professional hockey players' schedule loss of use awards, reversing a Workers' Compensation Law Judge's decision. The employers had continued full salary payments to the players while they were not playing, considering these as payments 'in a like manner as wages' under Workers' Compensation Law § 25 (4) (a). The claimants appealed, arguing their salary payments were for services rendered while injured, not compensation. The appellate court affirmed the Board's decision, concluding that denying reimbursement would unjustly provide double benefits to the employees and that the employers did not receive the primary contractual service from the injured players.

Workers' CompensationReimbursementSchedule Loss of UseSalary ContinuationProfessional AthletesHockey PlayersAdvance Payments of CompensationPayments in Like Manner as WagesDouble BenefitsUnjust Enrichment
References
11
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