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This case involves an applicant claiming industrial injury from an assault that occurred on May 20, 2008. The initial finding determined the assault did not arise out of employment, but the Appeals Board has overturned this. The Board found the applicant was in the course of employment during a break, even if off-premises, and that the assault, having an unknown motive, arose out of employment. The matter is now remanded for further proceedings on all outstanding issues.
Justin Timperio, a medical resident, was shot at Bronx-Lebanon Hospital by a former employee in 2017. He filed a workers' compensation claim, and the Workers' Compensation Board initially found it compensable. However, the Appellate Division reversed this decision on appeal. The court ruled that Timperio's injury did not arise out of and in the course of his employment because the attack lacked a sufficient nexus to his job duties. The assailant was a former employee unknown to Timperio, and the attack was motivated by arbitrary, personal animosity rather than work-related differences. The court also held that the Board was not collaterally estopped from adjudicating the claim despite a prior federal court decision.
Plaintiff Earl Forsythe, a pro se litigant, filed an employment discrimination lawsuit against the New York City Department of Citywide Administrative Services (DCAS), alleging racial discrimination in violation of Title VII. Forsythe, a security guard employed by Tristar Patrol Services, claimed that DCAS and its employees discriminated against him based on his race by causing his transfer from desirable posts at DCAS-managed facilities to less favorable ones, disrupting his childcare schedule. DCAS moved for summary judgment, arguing it was not Forsythe's direct employer and that Forsythe failed to establish a prima facie case of discrimination or an inference of discriminatory motive. The court determined that a factual issue existed regarding DCAS's "joint employer" liability if a transfer was racially motivated. However, the court found no admissible evidence to suggest that Forsythe's transfers were racially motivated, thus failing the "inference of discrimination" element of his prima facie case. Consequently, DCAS's motion for summary judgment was granted, and Forsythe's Title VII claim was dismissed.
A worker was killed at her workplace by a former romantic partner who was also a coworker, leading to a claim for workers' compensation death benefits. The Workers' Compensation Board denied the claim, ruling that the death did not arise out of employment, as it was motivated by personal animosity between the decedent and her assailant. The Appellate Division affirmed this decision, finding that the employer successfully rebutted the presumption of compensability for unwitnessed workplace deaths by presenting substantial evidence of a personal animosity motive, stemming from the decedent's recent separation from her assailant and documented threats.
This case clarifies the operation of the rebuttable presumption under New York Workers' Compensation Law § 21 (1). The claimant, Justin Timperio, a resident at Bronx-Lebanon Hospital, was injured during a workplace shooting. While the Workers' Compensation Board found his injuries compensable, the Appellate Division reversed, citing a lack of evidence regarding the assailant's motivation. The Court of Appeals reversed the Appellate Division, holding that when an injury occurs in the course of employment, it is presumed to arise out of employment unless substantial evidence to the contrary exists. The Court emphasized that a lack of evidence concerning the assailant's motivation does not, by itself, rebut this presumption, especially in the absence of any established personal animosity between the parties.
Plaintiff John R. Graziano sued the New York State Police (NYSP) under Title VII, alleging gender discrimination, hostile work environment, and constructive discharge. He claimed female co-workers harassed him following an earlier sexual harassment complaint against him. Graziano cited disputes over peer review, exclusion from assignments, and workplace confrontations as evidence of gender-motivated animus. Defendant moved for summary judgment, arguing a lack of evidence for constructive discharge or gender discrimination, and that co-worker actions were not attributable to NYSP. The court granted summary judgment, finding no factual basis that the alleged conduct was motivated by gender, thereby dismissing the complaint.
This case addresses the constitutional protection afforded to Professor Jeffries' July 20, 1991 speech. Both parties agreed the speech, in its entirety, touched upon matters of public concern. However, the Attorney General argued that specific sections of the speech, deemed offensive, should not be constitutionally protected. The Court rejected this argument, emphasizing that a speech must be considered in its full context for constitutional protection, citing precedents like Rankin v. McPherson. Consequently, the Court ruled that Professor Jeffries' entire speech is constitutionally protected. Additionally, the Court permitted the admission of evidence regarding the sections of the speech that motivated the defendants' actions, though it explicitly stated that such motivation would not serve as a defense against civil allegations.
Plaintiff, a former TWA flight attendant, sued Local 551 and its officers under the LMRDA, claiming wrongful termination of union membership and subsequent discharge from TWA due to alleged dues delinquency. She contended her discharge was arbitrary, violated union notice provisions, and was motivated by her questioning of dues amounts. Defendants moved for summary judgment, arguing the union's right to enforce security clauses for non-payment and the finality of the System Board of Adjustment's decision. The court rejected the defendants' jurisdictional challenge but granted their summary judgment motion, finding insufficient evidence of improper motive or arbitrary treatment by the union, as plaintiff was not entitled to 30-day notice during her delinquency and her belated full payment did not mandate reinstatement after termination.
Plaintiff Robert Fitzgerald sued his employer, Chicago Title Insurance Co., alleging disability discrimination under New York law after he was discharged. Fitzgerald claimed his termination, occurring during a company consolidation and layoffs, was due to the employer learning he was seeing a psychiatrist for depression. Chicago Title moved for summary judgment, arguing the alleged disability was not protected and Fitzgerald failed to present evidence of discriminatory animus. The court reviewed Fitzgerald's performance and the communication of his psychiatric care to company personnel, finding no direct link to the termination decision-makers. The court granted summary judgment to Chicago Title, concluding that Fitzgerald failed to raise a triable issue of fact regarding discriminatory motivation under either pretext or mixed-motive analysis.
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