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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

Stephenson v. Hotel Employees & Restaurant Employees Union Local 100

This is a dissenting opinion concerning an age discrimination lawsuit brought by Albert Stephenson and Leroy Hodge against the Hotel Employees and Restaurant Employees Union Local 100 and the Hotel Employees and Restaurant Employees International Union. The plaintiffs were fired in 1992, and a jury found in their favor, awarding substantial damages. The majority opinion reversed this verdict, but the dissenting judge, Mazzarelli, argues that the evidence presented at trial was legally sufficient to support the jury's finding of age discrimination. The dissent reviews the trial proceedings, jury instructions, evidentiary rulings, and damage awards, concluding that the jury had a rational basis for its decision. While affirming liability, the dissent suggests remanding the case for a collateral source hearing to determine potential offsets to the damages.

Age DiscriminationEmployment LawWrongful TerminationJury VerdictAppellate ReviewLegal SufficiencyBurden of ProofPretextDamagesFront Pay
References
22
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

Nassau Chapter of the Civil Service Employees Ass'n v. County of Nassau

The Nassau Chapter of the Civil Service Employees Association (CSEA) initiated an action against the County of Nassau, seeking a declaratory judgment regarding the proper salary plan for CETA-funded employees who transitioned to county-funded positions after January 1, 1977. CSEA contended that these workers, having commenced service prior to the cut-off date, were 'employees' under existing collective bargaining agreements and should remain on the 'Incremental Graded Salary Plan' (Plan A). The County argued they were 'new employees' after 1976, falling under the 'Non-Incremental Graded Salary Plan' (Plan B). The court reviewed the federal CETA legislation, the collective bargaining agreement, and the County's past conduct towards CETA workers, which consistently treated them as county employees with various benefits. Concluding that CETA workers qualified as 'employees' from their initial service date, the court ruled in favor of CSEA. The decision mandates that these workers be continued under Plan A, citing principles of statutory parity, established case law, and the policy goals of the CETA program for upward mobility.

Collective BargainingSalary PlansCETA ProgramPublic EmploymentEmployee RightsDeclaratory JudgmentCivil Service LawUnion RepresentationStatutory InterpretationGovernment Employees
References
2
Case No. MISSING
Regular Panel Decision
Feb 25, 1976

In re the Claim of Phelosof

The claimant appealed a decision from the Unemployment Insurance Appeal Board, which affirmed the Industrial Commissioner's determination that the claimant was ineligible for benefits under the Federal Special Unemployment Assistance Program (SUA). The claimant, who was terminated from employment by Monroe County, was receiving benefits under the New York State Labor Law based on prior covered employment. The Board denied SUA benefits, reasoning that eligibility for State benefits precluded eligibility for SUA, as the Federal program is intended for those not otherwise eligible for unemployment allowances under any other law. The court affirmed the Board's decision, emphasizing that SUA is not a substitute for minimum wage law or an economic floor, and eligibility under State law disqualifies one from SUA benefits.

Unemployment BenefitsFederal Special Unemployment Assistance ProgramEligibility CriteriaNew York State Labor LawCovered EmploymentUncovered EmploymentUnemployment Insurance Appeal BoardIndustrial CommissionerAppellate ReviewStatutory Interpretation
References
2
Case No. MISSING
Regular Panel Decision

Steen v. Governor's Office of Employee Relations

Petitioners, employed as Recreation Workers and Therapists at Pilgrim Psychiatric Center, were assigned new duties as "Treatment Plan Coordinators" under the "Buffalo Model" program. These new responsibilities included transcribing patient information, conducting patient interviews, entering data into worksheets, and performing 90-day progress reviews. Believing these tasks constituted out-of-title work typically performed by higher-grade Treatment Team Leaders, petitioners filed administrative grievances, which were consistently denied by the Governor's Office of Employee Relations. Subsequently, petitioners commenced a CPLR article 78 proceeding, but the Supreme Court dismissed their application, upholding the administrative determination. On appeal, the higher court found no rational basis for the administrative conclusion that the duties were a logical extension of petitioners' original roles, determining that the work was indeed out-of-title. Consequently, the judgment of the Supreme Court was reversed, the administrative determination annulled, and the petition granted.

Out-of-title workGrievancePosition classificationAdministrative determinationJudicial reviewAlbany CountyState Office of Mental HealthPilgrim Psychiatric CenterTreatment Plan CoordinatorsRecreation Worker
References
3
Case No. MISSING
Regular Panel Decision

Borenstein v. New York City Employees' Retirement System

This appeal addresses the proper standard for judicial review of a determination by the New York City Employees’ Retirement System (NYCERS) Medical Board regarding an applicant's physical disability for city-service. The respondent, an Assistant Deputy Warden, sought accidental disability retirement benefits after sustaining injuries at Rikers Island, but the Medical Board repeatedly found her not medically disabled despite conflicting medical opinions. While the Supreme Court initially dismissed her petition, the Appellate Division reversed, granting her pension. The Court of Appeals, however, reversed the Appellate Division, upholding the Medical Board’s determination as it was based on 'some credible evidence' and was not arbitrary or capricious. The court emphasized that the Medical Board has the authority to resolve conflicting medical evidence and that judicial review should not substitute its judgment for the Board's.

Judicial reviewDisability benefitsAccidental disabilityNYCERSMedical BoardCPLR Article 78Substantial evidenceArbitrary and capriciousAdministrative lawConflicting medical evidence
References
12
Case No. MISSING
Regular Panel Decision

LIN Television Corp. v. National Ass'n of Broadcast Employees & Technicians—Communications Workers

Plaintiff LIN Television Corporation sought to vacate a labor arbitration award that reinstated employee Timothy Flynn after his termination for making threats. Defendants, National Association of Broadcast Employees and Technicians—Communications Workers of America, counter-claimed to enforce the award. The arbitration found no "just cause" for termination, converting it to a suspension and mandating a positive psychiatric evaluation for Flynn's return. The U.S. District Court, reviewing cross-motions for summary judgment, confirmed the arbitration award. The court ruled that the award drew its essence from the collective bargaining agreement and did not violate public policy regarding workplace safety, thereby denying the plaintiff's motion and granting the defendants' motion.

Labor DisputeArbitration AwardVacaturEnforcementWorkplace SafetyCollective Bargaining AgreementJust CauseEmployee TerminationMental Health EvaluationFederal Court Review
References
26
Case No. 2020 NY Slip Op 00653 [179 AD3d 1412]
Regular Panel Decision
Jan 30, 2020

Matter of James v. Home Comfort Assistance, Inc.

Claimant Christina James sought workers' compensation benefits after sustaining a work-related ankle injury. The Workers' Compensation Law Judge established an employer-employee relationship and awarded benefits. Home Comfort Assistance, Inc. appealed this decision to the Workers' Compensation Board, but their application for review was denied due to incompleteness; specifically, referring to attached pages for the "Basis for Appeal" instead of providing the information directly on the form RB-89. Home Comfort then appealed the Board's denial to the Appellate Division, Third Department. The Appellate Division affirmed the Board's decision, ruling that the Board acted within its discretion by refusing to consider an application that did not fully comply with 12 NYCRR 300.13 (b) (1).

Workers' CompensationAppellate ReviewIncomplete ApplicationForm RB-89Administrative ReviewDiscretionary AuthorityProcedural ComplianceThird DepartmentEmployer-Employee RelationshipJurisdictional Defect
References
8
Case No. MISSING
Regular Panel Decision
Oct 24, 1996

In re the Arbitration between Blackburne & Governor's Office of Employee Relations

Elmer H. Blackburne, an Alcoholism Program Specialist with OASAS, was terminated for violating the Hatch Act by seeking elective office. He and his union, PEF, initiated a grievance process, claiming procedural rights under their collective bargaining agreement, which OASAS and GOER eventually deemed non-arbitrable. The Supreme Court compelled arbitration, but the Appellate Division reversed, citing public policy against arbitration in this context. The Court of Appeals affirmed the Appellate Division's decision, ruling that public policy precludes arbitration of Blackburne's grievance. This decision stemmed from the imperative to prevent an arbitrator from usurping the OASAS Commissioner's sovereign authority to manage federal funds, as the Hatch Act mandates either employee removal or a significant loss of federal funding for the agency.

Hatch ActPublic EmploymentArbitrationCollective Bargaining AgreementTermination of EmploymentPolitical ActivityFederal FundsPublic PolicySovereign AuthorityState Agency
References
19
Case No. MISSING
Regular Panel Decision
Feb 15, 1990

Narine v. Handler

Oduth Narine, an employee of Protection Systems Specialists, Inc., was injured while inspecting a ventilation system. Narine and his wife initiated a negligence action against his employer and co-employee Howard Handler, alleging failure to provide a safe workplace. The defendants sought summary judgment, claiming the suit was barred by the Workers' Compensation Law, given Narine had already received benefits. The Supreme Court denied their motion. On appeal, the order was modified; summary judgment was granted to Protection Systems Specialists, Inc. due to the exclusivity of Workers' Compensation benefits. However, the denial of summary judgment for Handler was affirmed, as questions of fact remained regarding his employment relationship.

NegligencePersonal InjurySummary JudgmentWorkers' CompensationExclusive RemedyCo-employee LiabilityFactual QuestionsAppellate ReviewEmployer LiabilitySafe Place to Work
References
5
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