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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. CA 13-01106
Regular Panel Decision
Feb 07, 2014

MONROE COUNTY DEPUTY SHERIFF'S, MTR. OF

Petitioner, a bargaining representative for Deputy Sheriffs, sought to vacate an arbitration award that denied a grievance concerning holiday pay for five members on July 4, 2011. The Deputy Sheriffs were granted the day off with pay but were not compensated for their regular shifts in addition to the holiday pay, which petitioner alleged violated their collective bargaining agreement and Military Law § 249. The arbitrator denied the grievance, concluding that neither the CBA nor Military Law § 249 mandated the additional payment. The Supreme Court confirmed the arbitration award. The Appellate Division affirmed the lower court's decision, finding the arbitrator did not exceed his authority, his construction of the CBA was not irrational, and the award did not violate public policy.

Arbitration AwardCollective Bargaining AgreementHoliday Pay DisputeMilitary Law BenefitsGrievance DenialDeputy SheriffsPublic PolicyVacate ArbitrationAppellate ReviewLabor Relations
References
6
Case No. MISSING
Regular Panel Decision

State Division of Human Rights v. Oneida County Sheriff's Department

A female Deputy Sheriff (complainant) was denied promotion to sergeant in a male housing unit by the Oneida County Sheriff's Department (respondent). The State Division of Human Rights found unlawful discrimination, but the court annulled this determination. The court ruled that sex is a bona fide occupational qualification (BFOQ) for the sergeant position due to male inmates' privacy during cellblock inspections, thus finding no unlawful discriminatory practice. A dissenting opinion argued that the respondent failed to meet the heavy burden of establishing sex as a necessary BFOQ, highlighting reasonable alternatives to accommodate privacy concerns and the adverse impact on female officers' promotional opportunities.

Bona Fide Occupational QualificationSex discriminationDeputy SheriffCorrection Officer SergeantInmate privacy rightsMale housing unitEmployment discriminationHuman Rights LawCivil service promotionOneida County Jail
References
5
Case No. MISSING
Regular Panel Decision

In re Arbitration Between Monroe County Deputy Sheriffs' Ass'n & Monroe County

The petitioner, representing Deputy Sheriffs, challenged an arbitration award concerning holiday pay. Five Deputy Sheriffs, scheduled to work on July 4, 2011, received only eight hours of holiday pay despite being granted the day off, not their regular shift pay plus holiday pay. The petitioner argued that the collective bargaining agreement and Military Law § 249 mandated additional payment. The arbitrator denied the grievance, concluding neither required the additional payment. The Supreme Court confirmed this award, and the appellate court affirmed, finding no excess of arbitral power, no irrational construction of the CBA, and no violation of public policy.

Collective Bargaining AgreementGrievanceArbitration AwardPublic PolicyMilitary LawHoliday PayDeputy SheriffsCPLR Article 75AffirmanceAppellate Review
References
6
Case No. MISSING
Regular Panel Decision

Mitchell v. Essex County Sheriff's Department

Petitioner, a Deputy Sheriff, was denied an unconditional return to work after claiming medical instability and being diagnosed with bipolar disorder. He filed a CPLR article 78 petition seeking to compel compliance with Civil Service Law § 72 and restore benefits, arguing his disability was occupational. The Supreme Court dismissed the petition, ruling that mandamus to compel did not apply as Civil Service Law § 72 excludes occupational injuries, and the proceeding was barred by the statute of limitations. The appellate court affirmed the dismissal, concurring that Civil Service Law § 72 was inapplicable and the action was untimely.

Workers' CompensationCPLR Article 78Civil Service LawGeneral Municipal LawMandamusStatute of LimitationsBipolar DisorderMental DisabilityOccupational InjurySheriff's Department
References
8
Case No. MISSING
Regular Panel Decision

In re the Arbitration between Monroe County Deputy Sheriff's Ass'n & Monroe County/Monroe County Sheriff

This case involves an appeal from an order of the Supreme Court, Monroe County, which had denied a petition to confirm an arbitration award and granted a cross-petition to vacate it. The arbitration award mandated that Monroe County provide firearms and training to its deputies in the Civil Bureau of the Monroe County Sheriff's office. The Supreme Court had ruled that the award contravened public policy by infringing upon the Sheriff's discretionary authority under Judiciary Law § 400. However, the appellate court disagreed, concluding that the public policy exception did not meet the stringent criteria for overturning an arbitration award. Consequently, the appellate court reversed the Supreme Court's order, thereby confirming the original arbitration award and denying the cross-petition.

Arbitration AwardPublic Policy ExceptionCollective Bargaining AgreementMonroe County SheriffCivil Bureau DeputiesFirearms TrainingHealth and SafetyAppellate Court DecisionVacating Arbitration AwardConfirming Arbitration Award
References
4
Case No. MISSING
Regular Panel Decision

Sheriff Officers Ass'n v. Nassau County

The Sheriff Officers Association, Inc., representing Kathryn Ranieri, grieved Nassau County's decision to send Ranieri to an Independent Medical Examiner (IME) for an opinion on her ability to return to work. An arbitrator upheld the County's action, but the Supreme Court vacated this arbitration award, finding the arbitrator exceeded his authority. This appellate court reversed the Supreme Court's decision, determining that the arbitrator did not exceed his power. The court emphasized the limited scope of judicial review for arbitration awards, stating that an award must be upheld if it offers even a 'barely colorable justification' for the outcome and does not give a 'completely irrational construction' to the contract provisions. Thus, the arbitrator's original determination, upholding the County's actions, was reinstated.

Collective Bargaining AgreementArbitration AwardCPLR Article 75Judicial ReviewArbitrator AuthorityIndependent Medical ExaminationGrievancePublic Sector EmploymentScope of ReviewLabor Dispute
References
13
Case No. 2021 NY Slip Op 00063 [190 AD3d 1052]
Regular Panel Decision
Jan 07, 2021

Matter of Hamill v. Orange County Sheriff's Dept.

Claimant Scott Hamill sustained a back injury in 2008 while working as a sergeant supervisor. He retired in 2017 and sought reduced earnings benefits, alleging his retirement was partly due to the injury. The employer disputed this, arguing his retirement was voluntary. A Workers' Compensation Law Judge found no causal link between his retirement and disability, but noted reattachment to the labor market. The Workers' Compensation Board modified, finding insufficient evidence of a nexus between the injury and reduced earnings, thus denying the award. The Appellate Division, Third Department, affirmed the Board's decision, concluding that substantial evidence supported the finding that claimant's reduced earnings were not attributable to his disability, considering his voluntary retirement and continued ability to perform administrative work.

Workers' CompensationReduced EarningsVoluntary RetirementLabor Market ReattachmentBack InjuryEarning CapacitySubstantial EvidenceAppellate ReviewDisability BenefitsSheriff's Department
References
6
Case No. 525286
Regular Panel Decision
Dec 06, 2018

Matter of Karam v. Rensselaer County Sheriff's Dept.

James J. Karam, a former Lieutenant with the Rensselaer County Sheriff's Department, appealed decisions by the Workers' Compensation Board that denied his claim for benefits, ruling he did not suffer a causally-related mental injury. Karam alleged work-related posttraumatic stress disorder and major depressive disorder stemming from a stressful and discriminatory work environment. The Board affirmed the disallowance, concluding Karam did not experience stress beyond that of a normal work environment and finding his testimony incredible. The Appellate Division affirmed the Board's decisions, upholding its factual findings and credibility assessments, and finding no error in the denial of reconsideration.

Mental InjuryPosttraumatic Stress DisorderMajor Depressive DisorderWorkplace StressCredibility AssessmentAppellate ReviewWorkers' Compensation Board DecisionAdministrative LawEmployment DiscriminationHarassment Claims
References
14
Case No. 2017 NY Slip Op 06487 [153 AD3d 1453]
Regular Panel Decision
Sep 14, 2017

Matter of Collins v. Montgomery County Sheriff's Dept.

Claimant Kevin P. Collins, a deputy sheriff, sustained a work-related right knee injury in November 2011, leading to an established workers' compensation claim and disability benefits. The self-insured employer paid full weekly wages during the disability period (November 29, 2011, to May 30, 2012) and filed a timely reimbursement request. The parties stipulated that claimant had a 21% schedule loss of use of his right leg and that the employer could "take credit for all prior payments." Claimant sought a hearing to determine if the employer was entitled to full reimbursement from the schedule award or if a late payment penalty should be imposed for underpayment. The Workers' Compensation Law Judge and the Board affirmed the employer's right to full reimbursement, finding the stipulation's language unambiguous and consistent with Workers' Compensation Law § 25 (4) (a). The Appellate Division affirmed the Board's decision, concluding that the Board's interpretation of the stipulation was supported by substantial evidence and that the employer had not waived its right to reimbursement.

ReimbursementAdvance PaymentsSchedule Loss of UseStipulationEmployer CreditDisability BenefitsJudicial ReviewAppellate DivisionStatutory InterpretationTimely Claim
References
9
Case No. MISSING
Regular Panel Decision
Nov 26, 1997

Claim of Geed v. Sullivan County Sheriff's Department

The claimant, a desk sergeant for the Sullivan County Sheriffs Department, filed for workers’ compensation benefits due to two myocardial infarctions in December 1994 and June 1995, attributing them to job-related stress. The Workers’ Compensation Board ruled these infarctions constituted compensable accidents. The employer appealed, arguing against the Board's reliance on a presumption of compensability and presenting medical testimony that the infarctions were solely due to a preexisting condition. The Appellate Division affirmed the Board's decision, finding substantial evidence to support the causal relationship between the employment and the myocardial infarctions, and upholding the Board's prerogative to credit the claimant’s medical experts over the employer's.

stressmyocardial infarctionaccidental injuryjob-related stresscausationmedical testimonypreexisting conditionWorkers’ Compensation BoardAppellate Divisiondesk sergeant
References
4
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