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

Case No. ADJ8915327
Regular
Apr 22, 2015

MARIA HERNANDEZ vs. WAREHOUSE DEMO SERVICES, INC., ESIS

This case involves a Petition for Reconsideration filed by Warehouse Demo Services, Inc. and ESIS regarding an award of total temporary disability (TTD) to applicant Maria Hernandez. The defendants argued the award was unsupported by evidence regarding Hernandez's ability to drive or perform modified duty while experiencing dizziness. The Workers' Compensation Appeals Board (WCAB) denied the petition, adopting the WCJ's reasoning. The WCAB also admonished defense counsel for improperly citing and attaching an unadmitted deposition. The WCJ found applicant's testimony credible, supported by medical reports indicating dizziness and inability to drive or work safely.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJ reportADJ8915327deniedPaul E. ZayatGrancell Standerdeposition10842Lynn Devine
References
0
Case No. MISSING
Regular Panel Decision
Apr 18, 2011

Brooklyn Heights Ass'n Inc. v. National Park Service

The plaintiffs (Brooklyn Heights Association, Inc. et al.) filed an action against defendants (National Park Service et al.) seeking a preliminary injunction to prevent alleged violations of federal and state law, specifically regarding the Land and Water Conservation Fund Act (LWCFA). The dispute centered on the National Park Service's (NPS) 2008 and 2011 decisions to revise the "6(f)(3) boundary map" for Empire Fulton Ferry State Park, which excluded the Tobacco Warehouse and Empire Stores. Plaintiffs argued these revisions, made under the guise of correcting a "mistake," were arbitrary, capricious, and contrary to LWCFA statutes and regulations, which mandate a conversion process for such changes after a grant closes. The court agreed with the plaintiffs, finding that the administrative record belied any claim of original mistake and that NPS lacked inherent authority to bypass the required conversion procedures. Consequently, the court granted the preliminary injunction, setting aside NPS's decisions, restoring the original boundary map, and enjoining any drilling or construction on the affected structures during the litigation.

Land and Water Conservation Fund ActPreliminary InjunctionAdministrative Procedure ActNational Park ServiceEnvironmental LawHistoric PreservationFederal RegulationsPublic Land UseStatutory InterpretationAgency Action Review
References
38
Case No. MISSING
Regular Panel Decision

Volt Technical Services Corp. v. Immigration & Naturalization Service

Plaintiff Volt Technical Services Corp. applied for H-2 visas for nuclear start-up technicians, which the Immigration and Naturalization Service (INS) denied, asserting the need was permanent, not temporary. After the denial was affirmed on appeal, Volt filed suit, alleging the INS's decision was arbitrary and capricious. The court upheld the INS's interpretation of the Immigration and Nationality Act § 101(a)(15)(H)(ii), which requires the employer's need for services to be temporary, not just the individual assignments. Finding that Volt demonstrated a recurring need for such technicians over several years, the court granted the INS's motion for judgment on the pleadings and denied Volt's.

Immigration LawH-2 visasNonimmigrant WorkersTemporary EmploymentImmigration and Nationality ActAdministrative Procedures ActDeclaratory Judgment ActAgency InterpretationJudicial ReviewNuclear Industry
References
5
Case No. MISSING
Regular Panel Decision

Americredit Financial Services, Inc. v. Oxford Management Services

AmeriCredit Financial Services, Inc. (AmeriCredit) commenced an action to confirm an arbitration award against Oxford Management Services (OMS). OMS cross-moved to vacate the award, alleging the arbitrator exceeded his powers by dismissing a counterclaim and manifestly disregarded the law. The arbitrator had dismissed OMS's counterclaim for spoilation of evidence. The Court affirmed the arbitrator's decision, finding he did not exceed his authority under the RSA by dismissing the counterclaim or by interpreting the contract terms regarding account termination. The Court also found no manifest disregard for the law, concluding the arbitrator's decision was rationally supported by the record. Consequently, AmeriCredit's motion to confirm the award was granted, and OMS's motion to vacate was denied.

Arbitration Award ConfirmationArbitration Award VacaturFederal Arbitration ActManifest Disregard of LawArbitrator PowersSpoilation of EvidenceContract InterpretationCollection Agency DisputeSummary ProceedingJudicial Review of Arbitration
References
41
Case No. MISSING
Regular Panel Decision

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

This case involves an appeal concerning the commencement of county service for employees initially hired under the Comprehensive Employment and Training Act (CETA) for purposes of a collective bargaining agreement between the Nassau Chapter of the Civil Service Employees Association, Inc. (plaintiff) and the County of Nassau (defendant). The plaintiff sought to include CETA employment prior to December 31, 1976, as commencement of county service under 'Plan A' of the agreement. The defendant appealed a Supreme Court judgment that had initially granted this relief. The appellate court reversed the judgment, holding that CETA employment, despite county supervision, should not be considered the commencement of county service for employment agreement purposes due to its temporary nature. The court concluded that service should only be deemed to begin when a position is obtained under Civil Service Law procedures. Consequently, CETA employees hired by the county after December 31, 1976, are excluded from Plan A, regardless of prior CETA service.

CETA EmploymentCivil Service LawCollective Bargaining AgreementCounty Service CommencementTemporary EmploymentIncremental Salary PlanPublic Sector EmploymentEmployee Benefits EligibilityAppellate DivisionNassau County
References
4
Case No. 01CV6456 (ADS)(ARL)
Regular Panel Decision
Aug 23, 2002

Arena v. DEPARTMENT OF SOCIAL SERVICES OF NASSAU

Glen Arena, a pro se plaintiff, filed a civil rights lawsuit under 42 U.S.C. § 1983 against the Department of Social Services of Nassau County, its employees, a Family Court Justice, and attorneys. Arena alleged violations of his due process and equal protection rights stemming from state Family Court proceedings regarding the custody and visitation of his son. The United States District Court for the Eastern District of New York dismissed counts one, two, and three based on the Rooker-Feldman doctrine and the Younger abstention doctrine, citing a lack of federal court jurisdiction to review state court judgments. Additionally, the court granted Judge Richard S. Lawrence absolute judicial immunity and dismissed all claims against him. Claims against defendant Edward Emanuele, a law guardian, were dismissed because he was not a state actor for purposes of Section 1983, and conspiracy allegations against him were found to be vague. The case was closed against most defendants, leaving only Genna Currie.

Civil RightsDue ProcessEqual ProtectionRooker-Feldman DoctrineYounger Abstention DoctrineJudicial ImmunityState ActorFamily LawChild CustodyVisitation Rights
References
69
Case No. MISSING
Regular Panel Decision

Fickling v. New York State Department of Civil Service

This case involves a lawsuit brought by eight plaintiffs, primarily African-American and Hispanic former employees, against the New York State Department of Civil Service and Westchester County Department of Social Services. Plaintiffs alleged that their termination as Welfare Eligibility Examiners, due to failing competitive examinations, was unlawful under Title VII of the Civil Rights Act and the New York State Executive Law § 296. They claimed the examination had a racially disparate impact and lacked content validity, failing to serve the defendants' employment goal of fair competition. The court found that the examinations indeed had a disparate impact on African-Americans and Hispanics and that the defendants failed to provide credible evidence that the tests served a legitimate business goal. Therefore, the court ruled in favor of the plaintiffs.

Employment DiscriminationTitle VII Civil Rights ActDisparate ImpactCivil Service ExaminationsContent ValidityJob AnalysisRacial DiscriminationHispanic DiscriminationWelfare Eligibility ExaminersNew York State Law
References
8
Case No. MISSING
Regular Panel Decision

City of New York v. City Civil Service Commission

The New York City Personnel Director challenged the City Civil Service Commission's decision to grant veterans' preference credits to police officers who performed a few hours of active duty during a 1970 postal strike. The Court of Appeals found that the Personnel Director had standing to sue, rejecting the argument of an intra-agency dispute due to the Director's policy-making and enforcement authority over civil service laws. On the merits, the Court reversed the Commission's decision, holding that veterans' credits are intended for individuals whose full-time military service significantly disrupted their civilian lives, a condition not met by the police officers' brief service. The court clarified that mere literal fulfillment of "time of war" and "member of the armed forces" definitions is insufficient without demonstrable sacrifice. Therefore, the orders awarding the preference credits were annulled, emphasizing the restrictive interpretation of such preferences in competitive civil service systems.

Veterans' preference creditsCivil Service LawStanding to sueArticle 78 proceedingMunicipal civil service commissionPersonnel DirectorJudicial review of administrative decisionsArmed Forces reservistsActive dutyConstitutional interpretation
References
17
Case No. MISSING
Regular Panel Decision

Greene County Department of Social Services v. Ward

This is a concurring opinion by Chief Judge Kaye regarding a case involving Ms. Ward and the Greene County Department of Social Services (GCDSS). Ms. Ward, facing challenges with her son Jeffrey's severe behavioral issues and a lack of support services, was coerced into permanently relinquishing her parental rights to GCDSS after they refused a temporary relinquishment and failed to provide adequate assistance. She subsequently challenged a child support order, citing statutory exceptions and equitable estoppel due to GCDSS's alleged failures in providing information on parental support obligations and mandatory preventive services. While the court affirmed the original support order, Chief Judge Kaye's opinion highlights the GCDSS's apparent non-compliance with regulatory mandates, including the failure to inform parents of support obligations, conduct a 'best interests' analysis, and refer to essential preventive and emergency mental health services, stressing that such a situation should not recur. However, the requested remedy of estoppel against the agency could not be granted.

Parental RightsChild SupportSocial Services AgencyEquitable EstoppelRegulatory CompliancePreventive ServicesChild WelfareGreene CountyConcurring OpinionFamily Law
References
4
Case No. MISSING
Regular Panel Decision

Stratus Services Group, Inc. v. Kash 'N Gold, Ltd.

An employment agency, Stratus Services Group, Inc., failed to conduct required background checks for temporary workers provided to Kash ’N Gold, Ltd. (KNG). Following a burglary at KNG's warehouse by three of these workers, KNG's insurer, American Home Assurance Company, compensated KNG for its losses. American Home, as subrogee, then sued Stratus for breach of contract. Initially, the Supreme Court found a breach but no proximate cause for the damages. However, an appellate court reversed this decision, determining that Stratus's breach was indeed a proximate cause of the damages, and awarded American Home judgment of $241,251.71 against Stratus.

Breach of contractProximate causationSubrogation claimEmployment agency liabilityFailure to conduct background checksWarehouse burglaryInsurance claimAppellate reversalContractual damagesNew York law
References
3
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