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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

United States v. State of New York

The United States sued the State of New York and several state entities, including SBOE, SUNY, and CUNY, alleging violations of the National Voter Registration Act of 1993 (NVRA). The core issue was whether state-funded Disabled Student Services (DSS) offices at public colleges and universities, including SUNY and CUNY campuses and community colleges, must be designated as mandatory voter registration agencies (VRAs) under 42 U.S.C. § 1973gg-5(a)(2)(B). The State defendants argued these offices were not 'primarily engaged' in serving persons with disabilities, and that the NVRA did not apply to them. The Court rejected the defendants' arguments regarding subject matter jurisdiction and the interpretation of the NVRA, citing legislative intent and prior circuit court decisions. The Court concluded that DSS offices at all SUNY and CUNY campuses and their respective community colleges are indeed state-funded programs primarily engaged in providing services to persons with disabilities, and therefore must be designated as mandatory VRAs. The plaintiff's motion for summary judgment was granted.

National Voter Registration Act (NVRA)Voter Registration Agencies (VRAs)Disabled Student Services (DSS)State-funded programsPublic universitiesCommunity collegesFederalismSummary judgmentDeclaratory reliefInjunctive relief
References
24
Case No. ADJ2862109 (SAL 0094850)
Regular
Oct 20, 2017

ERNIE GONZALES vs. STATE OF CALIFORNIA, DEPARTMENT OF CORRECTIONS AND REHABILITATION; STATE COMPENSATION INSURANCE FUND

This case involved a correctional officer's claim for permanent total disability due to a 2001 knee and psyche injury. The Workers' Compensation Appeals Board reconsidered an award that had found temporary total disability extended through August 17, 2011, and imposed a penalty for delayed payments. The Board rescinded the temporary disability finding, stating it was previously determined and not properly raised. They affirmed the defendant's liability for retroactive permanent disability payments at the temporary disability rate for periods where the applicant wasn't receiving benefits, citing the *Brower* decision. However, the Board rescinded the statutory penalty against the state agency, finding it exempt.

Workers Compensation Appeals BoardPetition for ReconsiderationPermanent Total DisabilityTemporary Total DisabilityPermanent and Stationary StatusLabor Code section 4661.5Labor Code section 5814Labor Code section 5814.5PenaltiesRetroactive Permanent Disability
References
1
Case No. 98-CV-1117 (LEK/RWS)
Regular Panel Decision
Oct 09, 1998

Galusha v. NEW YORK STATE DEPT. ENVIRON. CONSERV.

Plaintiffs, individuals with physical disabilities, sued the New York State Department of Environmental Conservation, Adirondack Park Agency, and the State of New York, alleging that their policies in managing the Adirondack Park unfairly limit their access to certain areas in violation of the Americans with Disabilities Act (ADA). They sought a preliminary injunction to allow them to use motorized vehicles on restricted trails. The Court found that the defendants' policy had a disparate impact on disabled persons and that allowing limited, necessary motorized access on roads already used by non-disabled personnel would not fundamentally alter the Park program. Therefore, the Court granted the plaintiffs' motion for a preliminary injunction, mandating access to specific roads for persons with certified mobility impairment disabilities.

Americans with Disabilities ActADAAdirondack ParkEnvironmental ConservationMotorized Vehicle AccessMobility ImpairmentPreliminary InjunctionDisparate ImpactPublic AccommodationsState Government Action
References
27
Case No. MISSING
Regular Panel Decision

Claim of Keser v. New York State Elmira Psychiatric Center

This case addresses whether late payment penalty provisions of Workers’ Compensation Law § 25 (3) (f) apply to reimbursements made by an employer’s compensation carrier for wages paid during an employee's disability, and if so, whether they apply when reimbursement is in a form other than monetary payment to the employee. The Court affirmed the Appellate Division's decision, answering both questions in the affirmative. A 20% penalty was upheld against the State Insurance Fund for late reimbursement to the New York State Elmira Psychiatric Center, the employer of claimant Peter Keser. The ruling emphasizes that for penalty purposes, no distinction should be made between awards payable directly to claimants and those payable to an employer as reimbursement, and the mechanics of payment (e.g., accounting credit) do not alter the need for timely compliance with award terms, promoting prompt payment of workers' compensation benefits.

Workers' CompensationLate Payment PenaltyEmployer ReimbursementDisability BenefitsStatutory InterpretationSection 25(3)(f)Compensation DefinitionCarrier LiabilityPrompt PaymentAccrued Leave
References
6
Case No. 2021 NY Slip Op 07401
Regular Panel Decision
Dec 23, 2021

Matter of Carola B.-M. v. New York State Off. of Temporary & Disability Assistance

Petitioners Carola B.-M. and Tiara M. challenged the denial of their supplemental nutrition assistance program (SNAP) benefits by the New York State Office of Temporary and Disability Assistance and the Orleans County Department of Social Services. The benefits were denied because they were deemed ineligible college students. The Appellate Division, Fourth Department, reversed this determination, holding that participation in the Adult Career and Continuing Education Services, Vocational Rehabilitation program (ACCES-VR) qualifies as a Job Training Partnership Act (JTPA) program. This status exempts the students from certain SNAP eligibility requirements. The court found that the original determination was based on an unreasonable interpretation of relevant regulations, annulled the decision, granted the petition, and remitted the case for a calculation of retroactive benefits.

SNAP benefitscollege student eligibilityJob Training Partnership ActACCES-VRvocational rehabilitationCPLR article 78regulatory interpretationpublic assistancefood stampsAppellate Division
References
28
Case No. MISSING
Regular Panel Decision

American Bank Note Co. v. State Division of Human Rights

This case concerns a petitioner challenging a determination by the State Human Rights Appeal Board, which had affirmed a decision from the Commissioner of the State Division of Human Rights. The original finding stated that the petitioner discriminated against Lorraine Voigt and other female employees regarding pregnancy-related disability benefits. The court annulled the board's determination, concluding there was no substantial evidence to support the finding of discrimination. The petitioner had denied Ms. Voigt's claim as untimely according to section 217 of the Disability Benefits Law. The court found that the Human Rights Law does not compel an employer to pay benefits for pregnancy-related disability if the employer would not pay similar disability claims for male employees under the same timeliness rules, which the petitioner consistently applied.

Pregnancy DiscriminationDisability Benefits LawHuman Rights LawTimeliness of ClaimSex DiscriminationEqual TreatmentWorkers' Compensation LawAppellate ReviewAnnulmentSubstantial Evidence
References
2
Case No. ADJ8205957
Regular
Dec 05, 2018

Margaret Marti Foxworthy vs. STATE OF CALIFORNIA, DEPARTMENT OF PARKS AND RECREATION, STATE COMPENSATION INSURANCE FUND/STATE CONTRACT SERVICES

This case involves a State Park Ranger's workers' compensation claim for injury to her low back, hypertension, and psyche. The primary dispute centered on calculating her permanent disability rating, with the employer arguing for the Combined Values Chart (CVC) and the applicant preferring simple addition of impairments. The Appeals Board ultimately ruled that the CVC should be applied, resulting in a $67\%$ permanent disability rating, and clarified the timing of a $15\%$ "bump-up" in indemnity payments. The dissenting opinion argued against the CVC's application and challenged apportionment of hypertension disability due to lack of substantial evidence.

Workers' Compensation Appeals BoardPermanent Disability Rating ScheduleCombined Values ChartApportionmentIndustrial InjuryState Park RangerHypertensionPsycheSexual DysfunctionDRE Lumbar Category III
References
6
Case No. MISSING
Regular Panel Decision

Quadir v. New York State Department of Labor

Plaintiff Mohammed Quadir sued the New York State Department of Labor, alleging disability discrimination, failure to make reasonable accommodations, and retaliation under the Americans with Disabilities Act (ADA) and New York State and City Human Rights Laws (NYSHRL, NYCHRL). The Department moved to dismiss the complaint. The court dismissed the ADA, NYSHRL, and NYCHRL claims based on Eleventh Amendment sovereign immunity. However, it allowed the claims for failure to provide reasonable accommodation, adverse employment action due to disability, and retaliation to proceed, construing them under the Rehabilitation Act. The court also denied Quadir's application for pro bono counsel without prejudice, stating it was too early to determine the merits of the case.

Disability DiscriminationReasonable AccommodationRetaliationAmericans with Disabilities ActRehabilitation ActSovereign ImmunityEleventh AmendmentMotion to DismissEmployment LawPro Se Litigant
References
55
Case No. 2020 NY Slip Op 02301 [182 AD3d 821]
Regular Panel Decision
Apr 16, 2020

Matter of Community, Work, & Independence, Inc. v. New York State Off. for People with Dev. Disabilities

This case involves a CPLR article 78 proceeding initiated by Community, Work, and Independence, Inc. (petitioner) to challenge a determination affirming the objection to its proposed discharge of M.D., an individual with developmental disabilities, from day habilitation services. M.D.'s parents objected to the discharge, and an administrative hearing sustained their objection, a decision later affirmed by the Commissioner of the Office for People with Developmental Disabilities. The Appellate Division, Third Department, confirmed the Commissioner's determination, finding that the burden of proof was appropriately placed on the service provider. The court concluded that substantial evidence supported the finding that discharging M.D. was not reasonable, considering his needs, the lack of suitable alternative programs, and despite the petitioner's financial concerns. The court suggested that financial issues for service providers should be addressed by seeking increased funding rather than by discharging individuals.

Developmental DisabilityHCBS WaiverDischarge ServicesAdministrative HearingBurden of ProofSubstantial EvidenceFinancial ConcernsService ProviderMedicaid FundingAutism Spectrum
References
7
Case No. MISSING
Regular Panel Decision

Psaty & Fuhrman, Inc. v. New York State Tax Commission

Petitioner, a general contracting firm involved in the construction of the Nelson A. Rockefeller Empire State Plaza, faced a personal income tax assessment for additional payments made to 16 employees. These payments, characterized as per diem living and travel allowances, did not have New York State income taxes withheld. The State Tax Commission, after an audit and hearing, ruled these were supplemental wages subject to withholding tax, not reimbursements. Petitioner initiated a CPLR article 78 proceeding, bearing the burden of proof, to challenge this determination. The court, noting the payments lacked a fixed formula and some recipients lived locally, found the respondent acted reasonably. The determination was confirmed, and the petition dismissed.

Personal Income TaxWithholding TaxSupplemental WagesPer Diem PaymentsTravel AllowanceLodging AllowanceCPLR Article 78Burden of ProofTax DeficiencyState Tax Commission
References
1
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