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

Case No. M2020-00964-COA-R3-CV
Regular Panel Decision
Sep 02, 2021

Guidesoft, Inc. D/B/A Knowledge Services v. State Protest Committee, State of Tennessee

Knowledge Services challenged the award of a statewide contract to Covendis, protesting the Central Procurement Office's (CPO) dismissal of its bid due to an insufficient protest bond. The CPO, and subsequently the State Protest Committee, determined that Knowledge Services failed to submit the correct bond amount, calculated as 5% of the State's estimated maximum liability of $190,000,000 under Tenn. Code Ann. § 12-3-514(d)(2). The Chancery Court for Davidson County upheld this decision, emphasizing the statute's intent to protect the State's exposure and limiting judicial review to the record. The Court of Appeals affirmed the Trial Court's judgment, concluding that the CPO correctly applied the protest bond statute and that the Trial Court did not abuse its discretion in denying additional evidence.

Bid protestGovernment contractsState procurementProtest bondStatutory interpretationAdministrative lawCommon law writ of certiorariJudicial reviewAbuse of discretionLegislative intent
References
24
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

Claim of Milner v. Country Developers, Inc.

The Special Disability Fund appealed decisions by the Workmen’s Compensation Board which imposed liability on the Fund for a claimant's injuries. The Board found that the employer, Country Developers, continued to employ the claimant, a carpenter, with knowledge of his pre-existing permanent physical impairment, triggering liability under subdivision 8 of section 15 of the Workmen’s Compensation Law. The claimant suffered a fracture of the nose and a hip dislocation in 1964, having a history of three ruptured disc surgeries and other conditions. The appeal centered on whether the employer had sufficient knowledge of the claimant’s permanent condition. Testimony from the employer’s foreman, Mr. Pahlck, indicated awareness of the claimant's back issues, including wearing a back brace and being favored by co-workers. The court affirmed the Board’s decision, reiterating that employer knowledge is a question of fact for the Board, and its findings, if supported by substantial evidence, will not be disturbed.

Workers' Compensation LawSpecial Disability FundEmployer LiabilityPre-existing Permanent ImpairmentEmployer KnowledgeSubstantial EvidencePermanent Partial DisabilityFracture of NoseHip DislocationRuptured Discs
References
3
Case No. MISSING
Regular Panel Decision
Sep 12, 2001

Claim of Oberson v. Bureau of Ferry Aviation & Transportation

The claimant was terminated from his employment as a marine oiler after a physical altercation with his supervisor in January 1993. He sought workers' compensation benefits, claiming a compensable psychological injury from the altercation. A Workers’ Compensation Law Judge disallowed the claim due to the claimant's failure to timely notify the employer of his injury. The Workers’ Compensation Board affirmed this decision, which was subsequently affirmed on appeal. Although the employer had actual knowledge of the altercation and termination, there was no indication they had actual knowledge of a psychological injury stemming from the altercation until 1999, approximately six years later. The Board's determination that the employer did not have timely notice and was prejudiced by the delay was supported by substantial evidence.

Workers' Compensation NoticePsychological Injury ClaimTimeliness of NoticeEmployer PrejudiceActual KnowledgeWorkplace AltercationEmployment TerminationWorkers' Compensation Board AffirmationAppellate ReviewStatutory Interpretation
References
6
Case No. MISSING
Regular Panel Decision

Murphy v. Metropolitan Transportation Authority

Plaintiff James Murphy sued the Metropolitan Transportation Authority (MTA) under FELA, alleging a knee injury from unsafe workplace conditions and emotional distress from a supervisor's gun threats, as well as the MTA's order to return to a feared work environment. The court granted summary judgment for the MTA on the knee injury and the 'return to Penn Station' claims, determining no negligence was demonstrated for the stanchion placement, and the 'zone of danger' test was not met for the return order. However, summary judgment was denied for the negligent supervision claim concerning the gun threats, as a jury issue was found regarding the supervisor's violent propensities and the MTA's knowledge of them. Plaintiff's cross-motion to amend his complaint was also denied.

FELASummary JudgmentNegligenceEmotional DistressWorkplace SafetyIntentional TortRespondeat SuperiorNegligent SupervisionZone of DangerFederal Rules of Civil Procedure
References
36
Case No. MISSING
Regular Panel Decision

Claim of Potter v. Springbrook Apartments, Inc.

On July 7, 1999, a claimant, a building maintenance employee, was injured while operating a floor buffing machine. The employer's workers' compensation carrier sought to introduce testimony from the claimant's supervisor, arguing its relevance to the accident, but the Workers’ Compensation Law Judge (WCLJ) denied this request. The WCLJ found accident, notice, and causal relationship, awarding benefits, a decision later affirmed by the Workers’ Compensation Board. On appeal, the employer and carrier contended that the WCLJ's denial of testimony constituted a due process deprivation. The court disagreed, asserting that the WCLJ did not abuse discretion as the supervisor lacked personal knowledge of the incident and the carrier had submitted a prehearing statement, thus no prejudice was demonstrated. The decision of the Workers' Compensation Board was affirmed.

Workers' CompensationDue ProcessWitness TestimonyAdjournmentSupervisor TestimonyFloor Buffing Machine InjuryAccident and Causal RelationshipWCLJ DiscretionLack of PrejudiceBoard Affirmation
References
3
Case No. MISSING
Regular Panel Decision
Jan 02, 1991

Davis v. Alpha Apple, Inc.

The Workers' Compensation Board ruled that the claimant's decedent sustained an accidental injury during employment and awarded workers' compensation benefits. The employer appealed this decision, arguing that the record lacked adequate support for the Board's finding. The appellate court affirmed the Board's decision, emphasizing that whether an activity falls within the course of employment is a factual issue for the Board to resolve. The court found substantial evidence in the record to support the Board's determination, noting that the decedent was directed by a supervisor to perform an activity not for personal gain, with the employer's knowledge, and died as a result of an injury sustained while using the employer's equipment. The court also highlighted that even if an activity primarily benefits a supervisor privately, an injury sustained during that work may still be compensable.

Workers' CompensationAccidental InjuryCourse of EmploymentEmployer LiabilitySubstantial EvidenceAppellate ReviewSupervisor's DirectionEmployer's EquipmentCompensable InjuryBoard Decision Affirmed
References
5
Case No. MISSING
Regular Panel Decision

Saenz v. Insurance Co. of State of Pa.

Lorene A. Saenz appealed a directed verdict in her worker's compensation benefits suit against The Insurance Company of the State of Pennsylvania. Saenz, a seamstress, developed carpal tunnel syndrome, an occupational disease. The trial court ruled against her, citing a failure to notify her employer of the injury within 30 days. On appeal, Saenz argued that her conversations with her supervisor, payroll secretary, and plant manager provided the employer with actual knowledge of her work-related injury, satisfying the notice requirement. The appellate court agreed that there was a fact issue regarding the employer's actual knowledge. Additionally, the Company argued a lack of causation, but the appellate court found that Saenz's lay testimony established a sequence of events from which a jury could infer her work was a cause of her carpal tunnel syndrome. Consequently, the appellate court reversed the trial court's judgment and remanded the case for a new trial.

Directed VerdictCarpal Tunnel SyndromeOccupational DiseaseEmployer NotificationActual KnowledgeCausationLay TestimonyAppellate ReviewRemandTexas Labor Code
References
12
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