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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

Texas Department of Human Services v. Okoli

Oliver E. Okoli (appellee), a former caseworker for the Texas Department of Human Services (TDHS) (appellant), sued TDHS under the Texas Whistleblower Act after being terminated. Okoli alleged his supervisor engaged in fraudulent conduct by falsifying dates on benefit applications and reported this up his chain of command. TDHS filed a plea to the jurisdiction, arguing Okoli's supervisors were not appropriate law enforcement authorities for such reports and that his fraud and malice claims were barred by sovereign immunity. This Court affirmed the trial court's denial of TDHS's plea, holding that TDHS's own policies requiring employees to report unlawful conduct up the chain of command meant the supervisors could be considered appropriate authorities or that Okoli had a good faith belief they were. The Court also reiterated that fraud and malice are allegations for damages, not separate causes of action implicating jurisdiction.

Whistleblower ActSovereign ImmunityPlea to JurisdictionPublic EmployeeFraudMaliceTexas Government CodeHuman Resources CodeRetaliationGood Faith Report
References
17
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

GTE Southwest, Inc. v. Bruce

Rhonda Bruce, Linda Davis, and Joyce Poelstra, GTE employees, successfully sued GTE for intentional infliction of emotional distress caused by their supervisor, Morris Shields, and were awarded $275,000. GTE appealed, raising several points including the applicability of the Workers' Compensation Act, conflicting jury answers, evidence admissibility, and sufficiency of intent and damages. The appellate court affirmed the trial court's judgment, holding that the Workers' Compensation Act does not bar intentional tort claims against an employer and that expert testimony, though inadmissible for 'outrageous conduct,' did not cause reversible error. The court found sufficient evidence to support the jury's finding that Shields' continuous conduct, characterized by rages, intimidation, and offensive language, constituted extreme and outrageous behavior attributable to GTE. This decision reaffirms that employers can be held liable for intentional infliction of emotional distress stemming from supervisor misconduct in the workplace.

Intentional Infliction of Emotional DistressEmployer LiabilitySupervisor MisconductWorkers' Compensation Act ExemptionExtreme and Outrageous ConductSufficiency of EvidenceExpert TestimonyDamagesStatute of LimitationsAppellate Review
References
45
Case No. Appeal No. 01A01-9709-CV-00483, Davidson Circuit No. 96C-363
Regular Panel Decision
Jun 16, 1998

Long, et. ux. v. Landmark Television of TN

Billy Ray Long and Vicky Long appealed a summary dismissal of their lawsuit against Landmark Television of Tennessee, Inc., and supervisor James E. Norton, alleging emotional injury from verbal and physical harassment. The harassment, including physical touching and derogatory comments about Mr. Long's obesity, occurred from 1988 to 1995, leading to medical leave and emotional distress for both plaintiffs. The defendants sought summary judgment, arguing the claims were time-barred by the one-year statute of limitations for personal injury and preempted by the Workers Compensation Law. The appellate court affirmed the dismissal, ruling that the physical injury claims were time-barred and that the employer-employee relationship did not support a tort claim for emotional distress, with Workers Compensation providing the exclusive remedy for employment-related misconduct. Furthermore, the court found the supervisor's conduct did not meet the 'outrageous conduct' threshold required for intentional infliction of emotional distress, and Vicky Long's claims were dependent on her husband's.

Emotional DistressHarassmentSummary JudgmentStatute of LimitationsWorkers CompensationEmployer LiabilitySupervisor MisconductIntentional TortsLoss of ConsortiumAppellate Review
References
8
Case No. MISSING
Regular Panel Decision
Apr 15, 1997

In re the Claim of Schembri

The claimant, a manager at a coffee shop restaurant, was discharged following a confrontation with her supervisor. The supervisor alleged the claimant became very upset and yelled at her in the presence of customers and later in the back room. A co-worker corroborated the supervisor's account. The Unemployment Insurance Appeal Board ruled that the claimant's conduct constituted disqualifying misconduct, thereby disqualifying her from receiving unemployment insurance benefits. The court affirmed the Board's decision, finding substantial evidence in the record to support the Board's findings and noting that the claimant's denial of raising her voice presented a credibility issue for the Board to resolve.

Unemployment BenefitsMisconductTermination of EmploymentSupervisor ConfrontationCredibility IssueWorkplace DisputeAppeal Board DecisionAdministrative LawEmployment LawManagerial Misconduct
References
2
Case No. MISSING
Regular Panel Decision
Feb 27, 1998

In re the Claim of Kim

The claimant appealed a decision by the Unemployment Insurance Appeal Board, which ruled that the claimant was disqualified from receiving unemployment insurance benefits due to misconduct. The misconduct involved using offensive language towards a supervisor and kicking the supervisor's office door after being questioned about missing a meeting. The Board credited a co-worker's eyewitness testimony over the claimant's account, a finding upheld by the court as within the Board's authority to resolve credibility issues. The court found substantial evidence to support the Board's decision, affirming that disrespectful conduct towards a supervisor, including abusive behavior or vulgar language, constitutes disqualifying misconduct.

Unemployment InsuranceMisconductDisqualificationOffensive LanguageWorkplace ConductCredibility DeterminationSupervisory DisrespectAppellate ReviewAdministrative LawEmployment Termination
References
3
Case No. 01-07-00103-CV
Regular Panel Decision
Jun 17, 2010

Texas Department of Human Services v. Oliver Okoli

Oliver Okoli, a former employee of the Texas Department of Human Services (TDHS), sued TDHS under the Texas Whistleblower Act after his termination, alleging fraudulent conduct by his supervisor. Okoli reported date-falsification activity to his supervisors, believing it to be a violation of law. TDHS filed a plea to the jurisdiction, arguing Okoli did not report to an "appropriate law enforcement authority" and that his fraud and malice claims were barred by sovereign immunity. The Court of Appeals for the First District of Texas affirmed the trial court's denial of TDHS's plea, holding that Okoli's reports to his supervisors, in accordance with TDHS policy, were to appropriate law enforcement authorities. The court also clarified that fraud and malice were allegations for exemplary damages, not independent claims, thus not implicating subject-matter jurisdiction.

Whistleblower ActSovereign ImmunityJurisdictional PleaFraudMalicePublic EmployeeLaw Enforcement AuthorityTexas Human Resources CodeTexas Government CodeAppellate Review
References
15
Case No. 2022 NY Slip Op 07288 [211 AD3d 1408]
Regular Panel Decision
Dec 22, 2022

Mahoney v. City of Albany

Plaintiff Dawn Mahoney, a former civilian dispatcher, filed a lawsuit against the City of Albany and individual supervisors, alleging hostile work environment and retaliation under federal civil rights law and the Human Rights Law. Her claims stemmed from alleged sexual harassment by a coworker, John Tierney, and subsequent actions by supervisors. The Supreme Court initially denied summary judgment for the individual defendants on the hostile work environment claims. On appeal, the Appellate Division modified the decision, granting summary judgment and dismissing the federal and state claims against supervisors Mark Seymour, Kenneth Marks, and Joseph Carnevali based on qualified immunity. However, the hostile work environment claims against John Tierney were not dismissed, as questions of fact remained regarding his conduct and qualified immunity.

Hostile Work EnvironmentSexual HarassmentQualified ImmunitySummary Judgment42 USC § 1983Human Rights LawEmployment DiscriminationSupervisory LiabilityAppellate ReviewEqual Protection Clause
References
20
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