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

Case No. 2020 NY Slip Op 02083 [181 AD3d 949]
Regular Panel Decision
Mar 25, 2020

Klingsberg v. Council of Sch. Supervisors & Adm'rs-Local 1

The plaintiff, Joan Klingsberg, a tenured principal, was removed from her payroll by the New York City Department of Education (DOE) due to financial improprieties. She was represented by Charity Guerra, a staff attorney from her union, the Council of School Supervisors and Administrators-Local 1 (CSA), during disciplinary proceedings. After it was revealed Guerra sought a position with the DOE, Klingsberg declined a new attorney and represented herself. Although the arbitrator upheld termination, the DOE Chancellor overturned it, imposing a six-month suspension and returning Klingsberg to a non-administrative teaching position with back pay, followed by a $200,000 settlement. Klingsberg later sued Guerra for legal malpractice and violation of Judiciary Law § 487, alleging a conflict of interest. The Supreme Court granted Guerra's motion to dismiss, finding the action preempted by federal law and barred by a prior release agreement.

Legal MalpracticeJudiciary Law § 487Federal Labor Management Relations ActPreemptionCollective BargainingConflict of InterestRelease AgreementMotion to DismissAppellate DivisionQueens County
References
5
Case No. MISSING
Regular Panel Decision

Council of School Supervisors & Administrators, Local 1 v. New York City Department of Education

The Council of School Supervisors and Administrators (CSA) challenged the City's plan to reduce parking permits for school employees, arguing it violated their collective bargaining agreement. An arbitrator initially sided with CSA, directing the reinstatement of permits. However, the Supreme Court's decision to confirm this award was deemed erroneous by the appellate court. The appellate court found the arbitration award violated public policy, was irrational, and exceeded the arbitrator's authority because the power to issue on-street parking permits lies exclusively with the City's Department of Transportation (DOT), not the Department of Education (DOE). The court emphasized that the award essentially transferred DOT's regulatory authority to DOE and undermined the city's objectives to reduce congestion and pollution. Consequently, the arbitration award was vacated.

Labor disputeParking permitsCollective bargaining agreementArbitration awardPublic policy violationAdministrative lawMunicipal authorityTraffic regulationDepartment of TransportationDepartment of Education
References
4
Case No. MISSING
Regular Panel Decision

Romaine v. New York City Transit Authority

Petitioners, Local 106 Transport Workers Union and Richard LaManna, initiated a proceeding to prevent the New York City Transit Authority (NYCTA) from mandating track safety training for property protection supervisors. The Supreme Court, Kings County, denied the petition, citing the petitioners' failure to exhaust administrative remedies and asserted Public Employment Relations Board (PERB) jurisdiction over improper labor practice claims. The appellate court reversed this judgment, ruling that the existing collective bargaining agreement was solely between the Union and the nonparty Manhattan and Bronx Surface Transit Operating Authority (MABSTOA), not the NYCTA, making its grievance procedures inapplicable to the NYCTA. Furthermore, the court found that PERB lacked jurisdiction because the NYCTA was not the employer of the supervisors. Consequently, the petition was granted, prohibiting the NYCTA from enforcing mandatory track safety training.

Labor LawCollective Bargaining AgreementAdministrative RemediesPublic Employment Relations BoardProhibition ProceedingTrack Safety TrainingProperty Protection SupervisorsManhattan and Bronx Surface Transit Operating AuthorityNew York City Transit AuthorityExhaustion Doctrine
References
4
Case No. MISSING
Regular Panel Decision

Matter of Bank v. Village of Tuckahoe

The Workers' Compensation Board ruled that liability for a claimant's left knee injury shifted to the Special Fund for Reopened Cases under Workers' Compensation Law § 25-a. The claimant sustained a work-related injury in June 2005, and compensation benefits were paid until June 20, 2005. In April 2012, a physician requested an MRI, which was performed and revealed a meniscal tear. Subsequently, surgery was authorized and performed in July 2012. The self-insured employer and its third-party administrator sought to shift liability to the Special Fund, a move initially rejected by a Workers' Compensation Law Judge but later approved by the Board. The Special Fund appealed the Board's decision. The appellate court reversed the Board's decision, finding that the case was not "truly closed" after the MRI request was approved. The court held that the case was reopened in April 2012, within the statutory seven-year period from the date of injury, thus precluding the shifting of liability to the Special Fund. The matter was remitted to the Board for further proceedings.

Workers' Compensation Law § 25-aSpecial Fund LiabilityReopened Case DoctrineMedical Treatment AuthorizationCase Closure DeterminationSeven-Year RuleLast Payment of CompensationMeniscal TearMRI AuthorizationSurgery Authorization
References
5
Case No. MISSING
Regular Panel Decision
Feb 25, 2009

Claim of Norcross v. Camden Central School

This case involves an appeal by the Special Fund for Reopened Cases from a Workers’ Compensation Board decision. The Board had affirmed a Workers’ Compensation Law Judge's ruling that shifted liability to the Special Fund under WCL § 25-a, regarding a claimant's work-related injury from 2001. The Special Fund contended that the Board's decision deviated from its own precedent by shifting liability without requiring proof that further medical or indemnity benefits were payable, which is a necessary condition for reopening a claim for this purpose. The court determined that the Board failed to provide a rational explanation for departing from its prior decisions, thereby rendering its determination arbitrary and capricious. Consequently, the Board's decision was reversed, and the matter was remitted for further proceedings.

Special Fund for Reopened CasesLiability ShiftAgency PrecedentRational ExplanationArbitrary and CapriciousRFA-2 formMedical BenefitsIndemnity BenefitsAppellate DivisionRemittal
References
7
Case No. MISSING
Regular Panel Decision
May 20, 2009

Claim of Maguire v. United Parcel Service

In April 2001, a claimant suffered a back injury, receiving continuous medical treatment voluntarily paid by the employer's workers' compensation carrier. The carrier sought to shift liability to the Special Fund for Reopened Cases under Workers' Compensation Law § 25-a, an application the Workers' Compensation Board granted, asserting the claim was previously closed. The Special Fund appealed this decision, contending that the claim was never formally closed due to the claimant's ongoing medical treatment. The appellate court reversed the Board's determination, finding insufficient evidence that the carrier had ceased medical payments, which would be necessary for the claim to be considered closed. Consequently, the matter was remitted to the Workers' Compensation Board for further proceedings consistent with the court's finding that liability could not be shifted.

Workers' Compensation LawSpecial Fund for Reopened CasesSection 25-aLiability ShiftClaim ReopeningClaim ClosureMedical Treatment PaymentsStatutory InterpretationAppellate ReviewNew York
References
6
Case No. ADJ7500739
Regular
May 25, 2012

SAMIRA HASAN vs. AMERICAN SHIELD PRIVATE SECURITY, GALLAGHER BASSETT

The Workers' Compensation Appeals Board granted reconsideration and reversed a prior finding, ruling that Samira Hasan, a security guard, sustained an industrial injury. Hasan was struck by a car while crossing the street for coffee shortly before her shift began, having signed in and received implied approval from her supervisor. The Board found this to be a compensated coffee break exception to the "going and coming" rule, thus arising out of and in the course of employment. One Board member dissented, giving greater weight to the administrative law judge's credibility findings regarding the supervisor's testimony.

Workers' Compensation Appeals Boardindustrial injurycourse of employmentarising out of employmentgoing and coming rulecompensated lunch breaksign-in sheetsupervisor approvalcredibility findingsdissenting opinion
References
10
Case No. 52 Misc 2d 670
Regular Panel Decision
Feb 24, 1967

Freedman v. Suffolk County Board of Supervisors

This case involves a CPLR article 78 proceeding challenging the dismissal of a petition by the Supreme Court, Suffolk County. The petitioners, case workers, sought compliance with section 79-a of the Social Services Law, which provides a percentage increase for employees with graduate training. The appellate court reversed the lower court's decision, denying the motion to dismiss and ruling that section 79-a is constitutional. The court found that the provision does not violate civil service or home rule provisions of the State Constitution, considering it a valid incentive to attract trained personnel and improve social services.

Social Services LawGraduate Training DifferentialCivil Service LawHome Rule ProvisionConstitutional LawPublic WelfareEmployee CompensationCase WorkersStatutory InterpretationAppellate Review
References
6
Case No. MISSING
Regular Panel Decision

Imbriani v. Board of Supervisors

This suit, initiated in the Supreme Court of the State of New York and removed to the District Court, challenged Local Law No. 6 of 1982 of the County of Sullivan. This law established a system of weighted voting for Town Supervisors in the county legislature. The plaintiff argued that the law violated both state and federal equal protection principles, alleging disenfranchisement. The District Court granted the defendant's motion to dismiss the federal equal protection claims, referencing its prior decision in Haas v. County of Sullivan, which had upheld Local Law No. 6 against similar constitutional challenges. The Court also dismissed the plaintiff's state law claims, finding no substantial issue under New York law to support the allegations.

Weighted VotingLocal Law ChallengeEqual ProtectionFederal Claims DismissedState Claims DismissedCounty GovernmentSullivan CountyNew York ConstitutionJudicial DiscretionBicameral Legislature
References
9
Case No. MISSING
Regular Panel Decision
Nov 03, 1967

Holloway v. Board of Examiners

The petitioner, a school social worker, initiated an Article 78 proceeding to compel the respondent to provide copies of medical and other reports that led to an unsatisfactory rating in an examination for a Supervisor of School Social Workers license. The Supreme Court, Kings County, initially dismissed the petition. However, the appellate court reversed this judgment, granting the petition to the extent of directing the respondent to furnish the reports to a physician designated by the petitioner, rather than directly to the petitioner. The case was remanded to the Special Term for further proceedings, including a determination on allowing the petitioner more time to appeal the unsatisfactory rating.

Article 78 CPLRLicense ExaminationSchool Social WorkerMedical ReportsDisclosureAdministrative AppealUnsatisfactory RatingAppellate ReversalRemandPhysician Disclosure
References
3
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