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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
Jul 07, 2008

Koebel v. ew York State Comptroller

Petitioner, Rose J.E., sought accidental disability retirement benefits due to post-traumatic stress disorder (PTSD) stemming from her observation and subsequent emergency duties related to the September 11, 2001 terrorist attacks. Respondent Comptroller denied her application, citing a failure to provide timely written notice as mandated by Retirement and Social Security Law § 63 (c). The Supreme Court dismissed her CPLR article 78 petition, a decision that was subsequently appealed. The appellate court affirmed the Supreme Court's judgment, rejecting the petitioner's arguments that the widely-known events of 9/11, oral notice, her mental state as good cause, or an executive order suspending time limitations, satisfied or excused the notice requirement. The court found that the statute specifically requires notice of the member's injuries and incapacity, which the events of 9/11 alone would not convey. Furthermore, the court found no merit in the arguments regarding oral notice or the applicability of good cause exceptions or the Executive Order to extend the notice period.

Accidental Disability Retirement BenefitsPost-Traumatic Stress Disorder9/11 Terrorist AttacksTimely Written NoticeRetirement and Social Security LawCPLR Article 78Good Cause ExceptionExecutive OrderWorkers' Compensation LawAdministrative Law
References
4
Case No. MISSING
Regular Panel Decision
Jul 12, 1976

Esquire Division of L. Greif & Bros. v. Finley

The Supreme Court, New York County, on July 12, 1976, reversed a prior judgment that denied the petitioner's application to stay arbitration. The application to stay arbitration was subsequently granted. The court found no written requirement for arbitration between the parties in the record. Specifically, Local 4 Amalgamated Clothing & Textile Workers Union was not a party to the collective bargaining agreement between the petitioner and the South Jersey Joint Board Amalgamated Clothing Workers of America, nor was it mentioned therein. Furthermore, a stipulation dated August 15, 1975, did not provide for or require arbitration.

arbitrationcollective bargaininglabor lawstay arbitrationagreementunioncontract disputeNew York Supreme Courtreversal
References
2
Case No. MISSING
Regular Panel Decision
Mar 06, 1991

Pinelawn Cemetery v. Local 365 Cemetery Workers

The case involves a petitioner's appeal to stay arbitration concerning the discharge of employee Edgordo Aponte. Petitioner contended that Aponte's claim was not timely filed as per the collective bargaining agreement (CBA), which required claims to be filed with the Union within 30 days and registered with the Employer within 10 days thereafter. Aponte was discharged on February 5, 1990, and the union orally notified the employer around February 8, 1990, but a written demand for arbitration was not sent until March 22, 1990, exceeding the 40-day period. The lower court determined that the CBA did not require written registration, and historical practice involved oral discussions for grievances. The Supreme Court, New York County, denied the petitioner's application, and this decision was unanimously affirmed, finding that the terms of the parties' agreement had been substantially complied with.

ArbitrationCollective Bargaining AgreementEmployee DischargeTimelinessNotice RequirementOral AgreementContract InterpretationSubstantial ComplianceAppellate ReviewLabor Dispute
References
2
Case No. MISSING
Regular Panel Decision

Tyner v. Harvey

Petitioner, a correction officer, was appointed to a probationary term as a correction sergeant but was terminated in October 1990 due to performance issues, including repeated errors, misplacing handcuffs, refusing to sign counseling memoranda, and failing to provide an updated address. He initiated a CPLR article 78 proceeding, arguing procedural defects due to a lack of written probationary evaluations, but the Supreme Court dismissed his application. The appellate court affirmed the dismissal, finding that sufficient counseling was provided, and the civil service regulation relied upon by the petitioner did not mandate written notification of progress. The court concluded that the termination was a good-faith discretionary decision and not arbitrary or capricious.

Probationary Service TerminationCorrection SergeantCivil Service AppealCPLR Article 78 ProceedingArbitrary and Capricious StandardJudicial DiscretionGood Faith TerminationProbationary Performance ReviewWorkers' Compensation ExtensionPublic Employee Rights
References
2
Case No. ADJ1054155 (LAO 0854446) ADJ1247741 (LAO 0854447) ADJ1895803 (LAO 0854448)
Regular
May 03, 2011

HIRITI OKUAMICHAEL vs. PAUL OWENS SHOES INC., STATE FARM FIRE AND CASUALTY COMPANY, STATE COMPENSATION INSURANCE FUND

This amended order clarifies that the Workers' Compensation Appeals Board has granted the applicant's petition for reconsideration of the February 8, 2011 Findings and Awards. This reconsideration aims to allow the Board to thoroughly study the factual and legal issues, including those to be raised in the applicant's supplemental petition. The applicant's request to file a supplemental petition has also been granted and reaffirmed. All future communications regarding these cases should be directed to the Office of the Commissioners of the WCAB.

Supplemental PetitionReconsiderationAppeals Board Rule 10848Findings and AwardsDecision After ReconsiderationOffice of the CommissionersWCABADJ1054155ADJ1247741ADJ1895803
References
0
Case No. ADJ9016733
Regular
May 03, 2016

TYSON CONGER vs. CARE AMBULANCE, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted the applicant's petition for reconsideration of a prior award concerning industrial injuries to his low back and psyche. The applicant argues the original findings did not properly weigh evidence and support a higher permanent disability rating. The Board also permitted the applicant to file a supplemental petition to address new information, allowing defendants an opportunity to respond. Reconsideration was granted to ensure a complete review of the record and a just decision.

Workers' Compensation Appeals BoardPetition for ReconsiderationSupplemental PetitionEmergency Medical TechnicianLow Back InjuryPsyche InjuryTemporary DisabilityFuture Medical TreatmentPermanent DisabilityApportionment
References
1
Case No. MISSING
Regular Panel Decision

In Re Cypresswood Land Partners, I

The case involves an objection by Cypresswood Land Partners, I (Debtor) to the final fee application of its former counsel, Beirne, Maynard & Parsons, L.L.C. (BMP), in a Chapter 11 bankruptcy. The Debtor alleged that BMP failed to properly disengage from representing Stephen A. Morrow, the Debtor's managing venturer, individually, and failed to adequately disclose this continued representation to the court. Additionally, the Debtor claimed BMP's final application was untimely filed, and an agreement signed by Morrow, which made him and another entity (Grace Interests, L.L.C.) liable for BMP's fees, was overreaching. The Bankruptcy Court sustained the Debtor's objections, denying all compensation and reimbursement to BMP, and ordering the firm to disgorge all fees already paid. The court found that BMP violated professional conduct rules, failed to disclose conflicts, filed late without cause, and presented an overreaching agreement.

BankruptcyChapter 11Attorney FeesFee Application ObjectionProfessional EthicsConflict of InterestDisclosure ViolationDisgorgement of FeesUntimely FilingFiduciary Duty
References
29
Case No. VNO 0438915
Regular
Oct 23, 2008

Applicant vs. University of Southern California

This case concerns an applicant's Petition for Reconsideration of a WCAB decision denying injury claims against the University of Southern California (USC). The applicant alleged a physical altercation with his supervisor, Mr. Pickering, during a meeting on September 20, 2001, which he claims caused various injuries. However, the WCJ found the applicant lacked credibility due to inconsistencies in his testimony and failure to report the incident promptly. The WCJ relied on testimony from witnesses who stated Mr. Pickering merely touched the applicant's shoulders and noted the applicant's history of prior injuries and medical issues not fully disclosed.

WCABPetition for ReconsiderationUniversity of Southern CaliforniaBiological Safety Specialistspecific injuryanimositycredibility issuesshoulder touchingprior injurieshypertension
References
0
Case No. 2013-C1 & 2013-2073-C2 & 2013-2331-C2
Regular Panel Decision
Jan 07, 2015

MacK, Craig

Craig Mack, an incarcerated relator, filed an original Application for Writ of Mandamus in the 54th Judicial District Court of McLennan County, Texas. He alleges that the respondents, including Judge Matt Johnson, Abel Reyna (District Attorney), and Karen Matkin (District Clerk), failed to respond in writing to his timely filed pre-trial motions and denied his right to appeal. Mack filed several motions, including for self-representation, to suppress evidence, for discovery, and to inspect grand jury minutes, which he claims were ignored. He seeks an order directing respondents to provide written responses to his motions, grant his right to appeal, and provide him with copies of court records due to his indigent status.

Writ of MandamusPro SeIncarcerated PlaintiffRight to AppealPre-Trial MotionsSelf-RepresentationHabeas CorpusCriminal ProcedureConstitutional RightsJudicial Discretion
References
0
Case No. ADJ6958416
Regular
May 19, 2011

Norma Zell vs. ALAMEDA COUNTY, SEDGWICK CMS

The Workers' Compensation Appeals Board granted the applicant's first petition for reconsideration, amending the original award to increase her permanent disability rating from 20% to 24% based on corrected medical calculations. The Board denied the applicant's second petition for reconsideration regarding her left wrist injury, adopting the judge's reasoning that it was not a compensable industrial injury. The original finding of a cumulative industrial injury to the right wrist during her employment as a deputy sheriff was affirmed. The award was amended to reflect the 24% permanent disability rating and adjusted attorney fees.

Workers' Compensation Appeals BoardCumulative Industrial InjuryRight Wrist InjuryDeputy SheriffPermanent Disability RatingAMA GuideWhole Person ImpairmentPetition for ReconsiderationFindings and AwardDecision After Reconsideration
References
0
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