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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

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

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
Feb 05, 1997

In re the Claim of Willett

Claimant, formerly an engineer, was granted a trade readjustment allowance (TRA) under the Trade Act of 1974 to pursue legal studies. However, he was suspended from City University of New York Law School for violating CUNY bylaws and the Education Law, leading to the termination of his TRA benefits. Upon reapplying after his suspension, benefits were denied on the grounds that he ceased participation in his approved training program without justifiable cause. The Unemployment Insurance Appeal Board upheld this denial, citing regulations that define justifiable cause and cessation of participation. The appellate court affirmed the Board's decision, concluding that the claimant's violation of school rules did not constitute a justifiable cause for ceasing his training.

Trade Act of 1974Trade Readjustment AllowanceUnemployment InsuranceAppeal BoardJustifiable CauseTraining ProgramSuspensionEducation LawCUNY BylawsEligibility for Benefits
References
2
Case No. MISSING
Regular Panel Decision

Tarkington Independent School District v. Aiken

Mark Kenneth Aiken, a participant in a summer youth program, sustained injuries on school property while riding on the tailgate of a privately-owned pickup truck, which was backed into a building by another program participant. Aiken and his mother sued Tarkington Independent School District, alleging negligence by a school employee-supervisor and improper training. The school district filed a plea to the jurisdiction, asserting sovereign immunity. The trial court denied this plea. On appeal, the Court of Appeals considered whether the Texas Tort Claims Act waived the school district's immunity, specifically regarding the 'use' or 'operation' of a motor vehicle by a governmental employee. The court determined that the school district did not own the vehicle, nor was a school employee operating or using it, and the allegations related to supervision rather than direct vehicle operation. Therefore, the court held that sovereign immunity was not waived. The court reversed the trial court's denial of the plea to the jurisdiction and dismissed the case for lack of jurisdiction.

Sovereign ImmunityTexas Tort Claims ActGovernmental LiabilityMotor Vehicle UseSchool District ImmunityNegligent SupervisionInterlocutory AppealPlea to the JurisdictionPersonal InjuryProgram Participants
References
18
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. MISSING
Regular Panel Decision

Lugo v. Gaines

This dissenting opinion concerns a petitioner's request for review of a determination terminating his participation in a temporary release program and for monetary damages. The petitioner, an inmate, was removed from the program after a urine sample tested positive for cocaine. The dissent argues that the procedures followed, despite a lack of formal chain of custody documentation, did not violate the petitioner's due process rights, as strict rules of evidence are not required in such disciplinary proceedings. Citing judicial precedent, the dissenting judges emphasize that an inmate's constitutional protections are diminished by institutional needs. Therefore, they would affirm the termination of the petitioner's work release program.

temporary release programdrug testingdue processinmate rightscorrectional facilitiesadministrative hearingchain of custodyurine analysisArticle 78State liability
References
8
Case No. ADJ8603115
Regular
Aug 15, 2013

Laverne Maliga vs. CITY AND COUNTY OF SAN FRANCISCO

The Workers' Compensation Appeals Board denied the City and County of San Francisco's petition for reconsideration of an award to Laverne Maliga. The applicant, a firefighter, sustained an injury while attending a trench rescue training class offered through a federal grant program. The Board adopted the Workers' Compensation Judge's report, which found the injury arose out of and in the course of employment because the Fire Department encouraged participation in such training for skill development and public protection. The judge distinguished this case from similar ones by noting the employer's active encouragement and provision of opportunities for the training.

Workers' Compensation Appeals BoardCity and County of San FranciscoPetition for ReconsiderationFindings of FactCourse of EmploymentTrench Rescue TrainingSan Francisco Fire DepartmentHomeland Security GrantOff-Duty StatusProfessional Development
References
14
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
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