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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

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. 2025 NY Slip Op 02920 [238 AD3d 876]
Regular Panel Decision
May 14, 2025

Matter of Nassau County Sheriff's Corr. Officers Benevolent Assn., Inc. v. Nassau County

The Nassau County Sheriff's Correction Officers Benevolent Association, Inc. (the Union) appealed an order that denied its petition to vacate an arbitration award. The arbitration stemmed from a grievance alleging that Nassau County violated a collective bargaining agreement by not crediting compensatory time to Union members working during a COVID-19 state of emergency. The arbitrator ruled in favor of the County, and the Supreme Court confirmed this award. The Appellate Division, Second Department, affirmed the Supreme Court's decision, emphasizing the limited scope of judicial review for arbitration awards. The court found that the Union failed to prove the award was irrational or that the arbitrator exceeded their power, as the award was supported by the record and based on an interpretation of the CBA.

ArbitrationCollective Bargaining AgreementCPLR Article 75VacaturAppellate ReviewLabor DisputeCOVID-19Nassau CountyCompensatory TimeContract Interpretation
References
8
Case No. 2016 NY Slip Op 02096
Regular Panel Decision
Mar 23, 2016

Matter of Nassau County Sheriff's Correction Officers Benevolent Assn., Inc. v. Nassau County

John Thomas, a correction officer, sustained a back injury in 1998 and subsequently received General Municipal Law § 207-c benefits. After periods of restricted duty and military service, medical evaluations in 2009 determined he was unfit for any duty, reinstating his benefits. However, in February 2010, a County-appointed doctor deemed him fit for light-duty work, leading the Nassau County Sheriff's Department to discontinue his benefits. Thomas and his labor union challenged this decision, arguing a due process violation due to the hearing officer placing the burden of proof on Thomas to demonstrate his unfitness. The Appellate Division, Second Department, affirmed the lower court's dismissal, concluding that Thomas was afforded due process as he had the opportunity to present evidence and requiring him to support his claim of continued total disability was permissible.

CPLR Article 78 ProceedingGeneral Municipal Law § 207-c BenefitsDue Process RightsBurden of ProofLight-Duty AssignmentCorrection Officer InjuryDiscontinuation of BenefitsAppellate ReviewProperty InterestCollective Bargaining Agreement
References
6
Case No. 2024 NY Slip Op 00069 [223 AD3d 660]
Regular Panel Decision
Jan 10, 2024

Matter of County of Nassau v. Nassau County Sheriff's Corr. Officers' Benevolent Assn.

The County of Nassau appealed an order denying its petition to vacate an arbitration award. The arbitration award had concluded that the County violated a collective bargaining agreement by denying General Municipal Law § 207-c benefits to correction officers who missed no work time but sought medical treatment for work-related injuries or illnesses. The Supreme Court initially denied the County's petition and granted the union's cross-petition to confirm the award. The Appellate Division, Second Department, reversed this order, finding the arbitration award to be irrational because the claimants neither sought payment of salary/wages nor reimbursement for out-of-pocket medical expenses, thus not requiring the benefits outlined in General Municipal Law § 207-c. Consequently, the County's petition to vacate the arbitration award was granted, and the cross-petition to confirm was denied.

Arbitration AwardVacaturCollective Bargaining AgreementGeneral Municipal Law § 207-cCorrection OfficersMedical BenefitsLost TimePublic Policy ExceptionIrrational AwardAppellate Review
References
9
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. ADJ4688244
Regular
Jun 21, 2018

MARTIN MACHADO vs. STANISLAUS COUNTY SHERIFF'S DEPT.

This case involves a Petition for Removal filed by Martin Machado against Stanislaus County Sheriff's Department. The Workers' Compensation Appeals Board reviewed the petition and the WCJ's report. Finding no grounds for removal, the Board denied the petition. Therefore, the decision of the WCJ stands.

Petition for RemovalWorkers' Compensation Appeals BoardWCJ ReportDenied RemovalStanislaus County Sheriff's Dept.Claims Management ServicesADJ4688244STK District OfficeLaughlin Falbo Levy & MoresiMoorad Clark & Stewart
References
0
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. 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. MISSING
Regular Panel Decision

Martino v. County of Albany

Petitioner, a correction officer with the Albany County Sheriff's Department, was injured in June 2006 while removing garbage at the Albany County Correctional Facility, resulting in acute lower back strain. His uncontroverted claim for workers' compensation benefits was established, but his application for benefits under General Municipal Law § 207-c was denied. The denial stemmed from a Hearing Officer's report, adopted by the Albany County Sheriff, which concluded that the injury occurred during activities outside the scope of his assigned duties as a correction officer. This CPLR article 78 proceeding was initiated to review that determination. The court found substantial evidence to support the conclusion that the injury was not causally related to his duties, despite a general duty to maintain a clean work area, as there was no immediate need for garbage removal by a correction officer. The determination was confirmed, and the petition dismissed.

Correction Officer InjuryGeneral Municipal Law § 207-cScope of EmploymentDuty-Related InjuryCPLR Article 78Administrative ReviewAlbany CountyWorkers' Compensation BenefitsLower Back StrainDenial of Benefits
References
3
Case No. 2021 NY Slip Op 03229
Regular Panel Decision
May 20, 2021

Matter of Fisher v. Erie County Sheriff's Dept.

Claimant injured his right knee while working in October 2016, having previously injured the same knee in a non-work related automobile accident in 2004. A Workers' Compensation Law Judge initially apportioned the claimant's 50% schedule loss of use (SLU) of the right leg, attributing 75% to the 2016 injury and 25% to the 2004 injury. The Workers' Compensation Board rescinded this, ruling that apportionment did not apply because the preexisting condition was not a compensable injury, and the claimant had performed job duties effectively despite it. The employer and its carrier appealed. The Appellate Division affirmed the Board's decision, finding a lack of medical opinion establishing that the 2004 injury would have resulted in an SLU finding, which is a prerequisite for apportionment under the exception to the general rule.

Workers' Compensation BenefitsApportionment LawSchedule Loss of Use (SLU)Preexisting Medical ConditionNon-Compensable InjuryMedical TestimonySufficiency of EvidenceAppellate Division ReviewRight Knee InjuryJudiciary Law
References
5
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