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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
Aug 04, 1993

Joint Apprenticeship & Training Council of Local 363 v. New York State Department of Labor

The plaintiff, Joint Apprenticeship and Training Council of Local 363 (JATC), sought a preliminary injunction to prevent the New York State Department of Labor (NYSDOL) from deactivating its status as a registered apprenticeship training program. JATC argued that deactivation procedures should mirror deregistration, requiring a hearing, and that the Fitzgerald Act provided a private right of action. The court denied the motion, finding no federal requirement for a hearing for deactivation and distinguishing it from deregistration, which has more severe consequences. Furthermore, the court concluded that the Fitzgerald Act does not create a private right of action for program sponsors. The court also found no irreparable harm to the plaintiff or its apprentices, as apprentices could transfer to other programs without losing credit, and the JATC program could re-register or continue unregistered.

Preliminary InjunctionApprenticeship ProgramDeactivationDeregistrationNew York State Department of LaborFitzgerald ActPrivate Right of ActionIrreparable HarmFederal RegulationsState Regulations
References
11
Case No. MISSING
Regular Panel Decision

Trustees of the Mason Tenders, District Council Welfare Fund, Pension Fund, Annuity Fund & Training Program Fund v. Faulkner

Plaintiffs, comprised of Trustees of Mason Tenders District Council Welfare, Pension, Annuity, and Training Program Funds, and the Mason Tenders District Council of Greater New York, initiated legal action against Thomas Faulkner d/b/a American Demolition and Thomas Faulkner individually. The suit, filed under ERISA and the Taft-Hartley Act, alleged the defendants failed to allow an audit of their records and did not make required contributions to the plaintiff funds as stipulated by a collective bargaining agreement. Following a default judgment, Magistrate Judge Kevin Nathaniel Fox issued a Report and Recommendation. Plaintiffs objected to portions of this report, specifically regarding Faulkner's personal liability and the awarded attorneys' fees. Upon de novo review, District Judge Holwell modified the Report, determining that Faulkner was personally liable for the business's debts and awarding the full amount of attorneys' fees requested by the plaintiffs, totaling $6,588.75.

ERISATaft-Hartley ActEmployee BenefitsPension FundsWelfare FundsCollective BargainingAudit DisputesDefault JudgmentPersonal LiabilitySole Proprietorship
References
18
Case No. 03-21-00120-CV
Regular Panel Decision
Feb 24, 2022

Brian Manley, Chief of Austin Police Department Brian Manley, Individually Commander Mark Spangler, Austin Police Department Lt. Jerry Bauzon, Austin Police Department Officer Benjamin Bloodworth, Austin Police Department Officer Collin Fallon, Austin Police Department Sgt. Eric Kilcollins, Training Coordinator, Austin Police Academy And Officer Shand, Lead Instructor, Stress Reaction Training, Austin Police Academy v. Christopher Wise

Christopher Wise, a former Austin Police Academy cadet, sued Brian Manley (APD Chief) and six other APD officers after sustaining severe injuries, including heat exhaustion and stroke, during a stress reaction training in October 2018. Wise alleged that officers intentionally discouraged cadets from hydrating despite high temperatures and failed to provide timely medical aid. The defendants sought dismissal under the Texas Tort Claims Act's election-of-remedies provisions. The district court dismissed claims against the City of Austin and APD but not against the individual officers. The appellate court reversed the district court's decision, ruling that Wise's claims against the individual officers were based on conduct within the scope of their employment and could have been brought under the TTCA, thus mandating their dismissal.

Texas Tort Claims ActGovernmental ImmunityElection of RemediesScope of EmploymentPolice MisconductCadet InjuryHeat IllnessSupervisor NegligenceAppellate CourtReversal
References
25
Case No. MISSING
Regular Panel Decision

Brown v. County of Erie

This appellate case concerns the standing of petitioners, Building and Construction Trades Council of Buffalo and Vicinity and Operating Engineers Local 17 Training Fund, to challenge a public works contract awarded by Erie County to Tom Greenauer Development, Inc. Petitioners argued the contract was invalid due to Greenauer's non-compliance with a local law requiring a certified worker training program. The Supreme Court's decision granting the petition was reversed on appeal, with the appellate court concluding that petitioners lacked standing. The court held that petitioners failed to demonstrate an actual injury in fact distinct from the general public, deeming their alleged harm speculative and insufficient for associational or organizational standing. A dissenting opinion argued that petitioners did have standing, emphasizing the local law's intent to promote apprenticeship programs and the direct impact of the county's non-compliance on petitioners' ability to participate.

StandingPublic ContractsLocal LawWorker Training ProgramApprenticeshipErie CountyCPLR Article 78PreemptionERISAInjury in Fact
References
12
Case No. MISSING
Regular Panel Decision

American Train Dispatchers Ass'n v. Metro-North Commuter Railroad

Plaintiff American Train Dispatchers Association (ATDA) accused defendant Metro-North Commuter Railroad Company of violating the Railway Labor Act (RLA) by unilaterally implementing changes to work rules and conditions without prior union consultation. The changes concerned sick leave, vacation days, training time, work attire, and drug/alcohol testing. The court classified these disputes as either 'major' or 'minor' under the RLA. It found that the automatic requirement for doctor's certificates for sick days not contiguous to rest days, holidays, or vacation, and the new work attire policy constituted 'major disputes', and thus granted a permanent injunction to restore the status quo. However, the court deemed disputes over training time, single vacation days, and sick days contiguous to rest days/holidays/vacation as 'minor disputes', denying injunctive relief for these. The court also denied injunctive relief for random drug testing due to insufficient evidence, noting that the issue of drug testing as part of regular medical examinations was being addressed in a separate ruling.

Railway Labor ActMajor DisputeMinor DisputeInjunctive ReliefWork RulesSick Leave PolicyVacation PolicyTraining TimeDress CodeDrug Testing
References
14
Case No. 2018 NY Slip Op 07922
Regular Panel Decision
Nov 20, 2018

Matter of DeVera v. Elia

The case concerns the oversight authority for charter school prekindergarten programs under New York's Statewide Universal Full-Day Prekindergarten Program (Education Law § 3602-ee). Petitioners, including Success Academy and parents, challenged the New York City Department of Education's (DOE) contractual requirements, arguing that Education Law § 3602-ee (12) vests exclusive oversight responsibility in the charter entity. The Commissioner of Education initially sided with the DOE, allowing for shared oversight, but the Appellate Division reversed, holding that the "all" in subdivision (12) grants full responsibility to the charter entity. The Court of Appeals affirmed the Appellate Division's decision, concluding that the statutory language is unambiguous and vests exclusive oversight authority for charter school prekindergarten programs in the charter entity, thereby divesting the school district of authority to set curricular or programmatic requirements. The dissent argued that this interpretation misreads the statute and undermines the accountability framework intended by the legislature for universal pre-kindergarten programs.

Charter SchoolsPrekindergarten ProgramsEducation LawStatutory InterpretationOversight AuthoritySchool DistrictsNew York Court of AppealsUniversal Pre-K LawLegislative IntentAppellate Review
References
18
Case No. MISSING
Regular Panel Decision

Associated Builders & Contractors, Inc. v. City of Rochester

This reargument addresses the constitutionality of Ordinance 82-450, which mandates that contractors maintain registered apprenticeship training programs, without allowing cash equivalents in lieu of training. The court affirmed the ordinance's constitutionality, distinguishing it from Matter of Action Elec. Contrs. Co. v Goldin, which permitted cash equivalents for fringe benefits under Labor Law § 220 (3). The decision emphasizes that the ordinance's purpose is to cultivate skilled craftsmen and encourage training, a goal incompatible with cash substitutions. Such an allowance would diminish the benefits of training programs for apprentices, the trade, and the community. The court concluded that equating cash payments with apprenticeship programs would undermine legislative intent, as the underlying policy differs significantly from that of fringe benefit equalization. Consequently, the judgment was modified to declare Ordinance 82-450 constitutional and affirmed, with a dissenting opinion from Justice Doerr.

Ordinance 82-450Apprenticeship Training ProgramsConstitutional ChallengePublic ContractsPrevailing WagesFringe BenefitsLabor LawGeneral Municipal LawStatutory InterpretationLegislative Purpose
References
5
Case No. ADJ1506364 (AHM 0143510)
Regular
Jul 18, 2011

KATHRYN PRATT vs. HDR ENGINEERING, SENTRY CLAIMS SERVICE

This case involves an applicant injured in a workplace traffic collision who sought payment for a Coaches Training Institute (CTI) program as medical treatment. The defendant argued the CTI program was vocational rehabilitation, not medical care. The Appeals Board granted reconsideration, reversing the WCJ's award, finding the CTI program's primary purpose is vocational training, not medical treatment. Therefore, defendant is not obligated to pay for the CTI program as it's considered vocational and not medically necessary to cure or relieve the industrial injury.

Workers' Compensation Appeals BoardPsychiatric injuryCognitive therapyVocational rehabilitationMedical treatmentAgreed Medical ExaminerQualified Medical ExaminerFurther medical treatmentIndustrial injuryReconsideration
References
1
Case No. 2018 NY Slip Op 07391
Regular Panel Decision
Nov 01, 2018

Matter of Community Hous. Improvement Program v. Commissioner of Labor

The Appellate Division, Third Department, dismissed an appeal filed by the Community Housing Improvement Program against the Commissioner of Labor. The appeal sought to challenge a decision by the Industrial Board of Appeals regarding a minimum wage order for the building service industry. The court determined it lacked subject matter jurisdiction because the petitioner failed to properly file a notice of appeal with the court of original instance, which was the Industrial Board of Appeals, not the Appellate Division. Additionally, the petitioner failed to timely and correctly serve the notice of appeal on the respondent's counsel at the designated address. Consequently, due to the complete failure to comply with CPLR 5515, the appeal was dismissed.

JurisdictionAppeal ProcedureService of ProcessAppellate DivisionIndustrial Board of AppealsMinimum WageLabor LawCPLRNew York CourtsStatutory Interpretation
References
12
Case No. 2019-04-0085
Regular Panel Decision
Feb 10, 2020

West, Amber v. The Balanced Canine Training Academy

Amber West, an employee of The Balanced Canine Training Academy (BCTA), sought workers' compensation benefits for a low-back injury sustained when two large dogs knocked her over a doghouse at work. She also requested psychiatric care and additional temporary disability benefits, alleging an inaccurate average weekly wage calculation. The Court of Workers’ Compensation Claims at Cookeville, presided over by Judge Robert Durham, held an expedited hearing. The Court found Ms. West likely to prove her low-back injury primarily arose out of and in the course of her employment, supported by medical evidence from neurosurgeon Joseph Jestus. However, her requests for psychiatric care were denied due to the lack of an order from an authorized physician. Furthermore, the Court denied her claim for additional temporary disability benefits, determining her average weekly wage based on the employer's account and documented evidence, which was lower than Ms. West claimed but still within the minimum compensation rate she had already received.

Workers' CompensationLow-Back InjurySciaticaPsychiatric CareAverage Weekly Wage DisputeExpedited HearingTemporary Disability BenefitsDog AttackMedical TreatmentCausation
References
0
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