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

Case No. ADJ1941485 (VNO 0263845) ADJ4137418 (VNO 0270976) ADJ1018222 (MON 0140131)
Regular
Dec 15, 2008

GERTRUDE CHISM vs. K-MART/SEARS HOLDING CORPORATION, Permissibly Self-Insured Administered by SEDGWICK CLAIMS MANAGEMENT SERVICES

The Appeals Board dismissed the defendant's petition to remove WCJ Zarett as moot due to his retirement, and denied the request for a commissioner's hearing on sanctions as premature. The Board remanded the case to the trial level for a full evidentiary hearing on the defendant's allegations regarding the applicant's attorneys, as these factual issues are best addressed by a new Workers' Compensation Judge. The defendant's numerous petitions for removal, vacating hearings, and stays were largely dismissed or denied.

Workers' Compensation Appeals BoardGertrude ChismK-Mart/Sears Holding CorporationSedgwick Claims Management ServicesPetition for Commissioner's HearingRemoval of Judge ZarettVacate HearingStay ProceedingsImposition of SanctionsGuardian Ad Litem
References
1
Case No. MISSING
Regular Panel Decision

Local 100, Transport Workers Union v. New York City Transit Authority

This case involves an appeal from an order of the Supreme Court, Kings County, which had granted a petition to vacate an arbitration award. The dispute arose from a collective bargaining agreement between the parties concerning expedited arbitration of safety issues related to "One Person Train Operation" (OPTO). When the petitioner refused to agree to hearing dates without discovery, the respondent filed a grievance, leading to a ruling by an Impartial Arbitrator directing adherence to scheduled dates. The Supreme Court initially vacated this arbitration award, but the appellate court reversed, holding that courts lack jurisdiction to review interlocutory arbitration decisions and can only intervene after a final determination in the arbitration proceeding.

Arbitration AwardCollective Bargaining AgreementGrievanceExpedited ArbitrationOne Person Train OperationJurisdictionInterlocutory DecisionAppellate ReviewCPLRVacatur of Award
References
1
Case No. MISSING
Regular Panel Decision

Placona v. Consolidated Edison Co. of New York, Inc.

A Consolidated Edison Company of New York, Inc. employee (petitioner) was discharged after his home's electric meter was found tampered with. The Utility Workers Union of America, Local 1-2 AFL/CIO filed a grievance on his behalf, which proceeded to arbitration. The arbitrator upheld the discharge, finding sufficient and reasonable cause. The petitioner sought judicial review, and the Supreme Court, Queens County, vacated the award and remitted for a new hearing. This appellate court reversed the Supreme Court's judgment, denying the application to vacate the arbitrator's award. The court found that the petitioner failed to demonstrate by clear and convincing proof that the arbitrator was guilty of misconduct or exceeded his power, and the award was not completely irrational, as the arbitrator was within his power to use the presumption of tampering.

Arbitration AwardVacate JudgmentEmployee DischargeMeter TamperingJudicial ReviewAppellate CourtCollective BargainingUnion GrievancePresumption of GuiltRational Basis
References
8
Case No. ADJ1525428
Regular
Aug 20, 2013

Raymond Barrios vs. Irwin Industries, Inc., California Insurance Guarantee Association, For California Compensation Insurance Company, In Liquidation, Mobil Corporation, Petroleum Casualty Company

The Workers' Compensation Appeals Board (WCAB) vacated an arbitrator's findings due to an incomplete arbitration file, lacking essential evidence and documentation. The WCAB found the arbitrator failed to comply with regulations requiring minutes of hearing, stipulations, and a summary of evidence. Consequently, the WCAB rescinded the arbitrator's decision and returned the case to the trial level for further proceedings. The prior order compelling arbitration was also vacated, allowing parties to resubmit to arbitration if desired.

WCABCIGAarbitrationreconsiderationarbitration fileminutes of hearingsummary of evidencedocumentary evidencetestimonial evidencestipulated facts
References
1
Case No. MISSING
Regular Panel Decision

People v. Ford

The defendant appealed a judgment from the Supreme Court, Kings County, convicting him of robbery in the first degree, and an order denying his motion to vacate the said judgment. The appeals court affirmed the order and judgment. Justice Suozzi dissented, arguing that the defendant was denied effective assistance of counsel because his attorney withdrew a crucial alibi defense, despite available witnesses and evidence. The dissent highlighted the trial justice's dissatisfaction with defense counsel's performance and argued that the lower court erred in denying the motion to vacate without a hearing, asserting that the counsel's representation was totally ineffective, rendering the defense meaningless.

Criminal Procedure LawIneffective assistance of counselAlibi defenseRobbery convictionMotion to vacate judgmentAppellate reviewTrial strategyDissenting opinionLegal Aid SocietyCriminal appeal
References
3
Case No. POM 0264727POM 0267166
Regular
Aug 19, 2008

CELIA MUNOZ vs. THE TOWN CLUB, CALIFORNIA INDEMNITY INSURANCE COMPANY/GAB ROBINS

Here's a summary of the provided case excerpts: In *Fiducia*, the Appeals Board granted reconsideration and found applicant sustained industrial injuries but had failed to attend medical exams and hearings, leading to dismissal for good cause. The Board vacated the prior dismissal and remanded for further development of the record, acknowledging that the applicant's failure to attend examinations and hearings warranted dismissal. However, due to lack of current medical evidence, the Board vacated the dismissal and returned the case to the trial level to allow applicant to attend examinations and hearings. In *Munoz*, the defendant sought reconsideration of an order vacating submission and returning the case to the trial calendar to further develop the evidentiary record concerning a lien claimant's charges. The Appeals Board dismissed the petition for reconsideration as it was not from a final order and denied the petition for removal, finding no showing of irreparable harm or significant prejudice. The Board emphasized that interlocutory orders to further develop evidence are not subject to reconsideration.

WCABindustrial injurypsycheTMJnasal traumateethblood pressuredismissalgood causetemporary disability
References
12
Case No. Appeal No. 1
Regular Panel Decision

In re the Arbitration between Board of Education & Coleman

Justice Sconiers dissents in part from the majority's decision in Appeal No. 1, arguing that the Supreme Court overstepped its review authority by vacating the Hearing Officer's decision regarding teacher disciplinary charges. The dissent emphasizes that arbitration awards can only be overturned on limited grounds, and in compulsory arbitration, must also be supported by evidence and not be arbitrary. Sconiers disputes the majority's interpretation of precedent used to justify the vacation of the Hearing Officer's dismissal of charges linked to counseling memoranda, asserting that the Hearing Officer retained the discretion to dismiss such charges. The dissent concurs with the majority only on the point that the Hearing Officer exceeded statutory authority by mandating the petitioner to cover the respondent's health insurance during a suspension period. Additionally, Sconiers addresses Appeal No. 2, contending that the Hearing Officer's decision on remittal not to impose a harsher penalty was neither arbitrary nor irrational, despite potential flaws in the rationale.

Teacher DisciplineArbitration AwardJudicial Review ScopeEducation LawCounseling MemorandaArbitrary and CapriciousPublic PolicyCompulsory ArbitrationHealth Insurance BenefitsPenalty Imposition
References
14
Case No. MISSING
Regular Panel Decision

Daniels v. Popolizio

Mr. Eugene Daniels' tenancy with the New York City Housing Authority (NYCHA) was terminated due to his son's arrest for drug possession on project grounds, leading to charges of non-desirability. Daniels defaulted on an administrative hearing, and his subsequent application to vacate the default was denied by the Hearing Officer. He then filed a CPLR article 78 petition, which the Supreme Court initially granted, vacating the default and remanding for a new hearing. This appellate court reversed that judgment, reinstating the default and termination of tenancy, finding the Hearing Officer's denial of Daniels' application to be rational and valid.

Tenancy TerminationDefault JudgmentAdministrative HearingCPLR Article 78Judicial ReviewHousing AuthorityGood CauseExcusable DefaultAppellate ReviewNon-desirability
References
3
Case No. CA 11-01225
Regular Panel Decision
Jun 15, 2012

BOARD OF ED. OF DUDEE CENTRAL, MTR. OF

This case involves an appeal from a judgment concerning disciplinary charges against a tenured teacher, Douglas Coleman, by the Board of Education of Dundee Central School District. An initial Hearing Officer's award, which included a six-month suspension and continued health benefits, was challenged by the Board. The Supreme Court partially granted the Board's petition, vacating the dismissal of six specifications and the order for continued health benefits, and remitted the matter for further consideration. On remittal, the Hearing Officer reimposed the same penalty based on an erroneous legal interpretation regarding counseling memoranda. The Supreme Court then vacated this penalty and remitted the matter to a different hearing officer for penalty imposition. The Appellate Division affirmed both judgments of the Supreme Court, holding that counseling memoranda are not disciplinary actions and that the Hearing Officer exceeded authority by ordering continued health benefits during suspension.

ArbitrationTeacher DisciplineSchool BoardEducation LawCounseling MemorandaJudicial ReviewPenaltyHealth Insurance BenefitsAppellate DivisionNew York Law
References
23
Case No. MISSING
Regular Panel Decision

Blouse Workers' Union, Local 23-25 v. South Ocean Sportswear, Inc.

The Union moved to confirm an arbitration award directing South Ocean Sportswear, Inc. to pay $4,175 to Shiu Lun Lee for lost wages due to an unjustified discharge. Initially, an arbitrator sustained Lee's discharge, but later determined that severe translation inaccuracies during the first hearing resulted in a substantial failure of due process, rendering the prior award a nullity. A second hearing was conducted, leading to an award in Lee's favor. South Ocean moved to vacate this second award, arguing the arbitrator lacked power to reopen a final award and to impose damages for the post-first-hearing period. The court, however, found that the arbitrator acted within the broad powers granted by the collective bargaining agreement, including determining arbitrability and procedural matters, and that the arbitrator's findings of fact and conclusions of law were not subject to judicial review. Consequently, the court confirmed the arbitration award and denied South Ocean's application to vacate it.

ArbitrationDue Process ViolationCollective Bargaining AgreementArbitration Award ConfirmationArbitrator AuthorityReopening Arbitration AwardProcedural Due ProcessTranslation ErrorEmployee DischargeLost Wages
References
4
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