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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

Carnibucci v. New York State Executive Department Division for Youth

Petitioner, a Youth Division Aide IV, was terminated on August 10, 1991, under Civil Service Law § 71 due to alleged cumulative absences exceeding one year from a work-related back injury. Petitioner challenged the termination in a CPLR article 78 proceeding, asserting a second back injury was unrelated to the first. The Workers’ Compensation Board subsequently ruled on May 27, 1992, that the second injury was indeed unrelated, leading to petitioner's reinstatement on October 18, 1992. The Supreme Court initially awarded back pay only until the Board's determination date. However, the appellate court modified this judgment, directing that back pay should be awarded from the date of wrongful termination, August 10, 1991, until the date of actual reinstatement, October 18, 1992.

Public EmploymentWrongful TerminationBack PayReinstatementCivil Service LawWorkers' CompensationAppellate DivisionArticle 78 ProceedingDisability BenefitsState Employee
References
3
Case No. MISSING
Regular Panel Decision

Video Aid Corp. v. Town of Wallkill

The case discusses whether Video Aid Corp. should be reimbursed for an unconstitutional $27,000 water sewer tap-in fee paid to the Town of Wallkill to obtain a building permit. This dissenting opinion, authored by Bellacosa, J., argues that the Appellate Division's order for reimbursement was correct, stating that the payment was made under legal duress. The dissent highlights that the Town unlawfully exacted the fee, impeding Video Aid's business expansion, and that Video Aid's immediate lawsuit constituted "authentic resistance." It draws on precedents affirming that municipalities cannot manipulate responsibilities for revenue generation and that involuntary payments, even without formal protest, warrant recovery, ultimately advocating for affirmance of the reimbursement order.

Unconstitutional feeLegal duressInvoluntary paymentBuilding permitMunicipal feesReimbursementTown of WallkillVideo Aid Corp.Business expansionAppellate Division
References
11
Case No. MISSING
Regular Panel Decision

Legal Aid Society v. Association of Legal Aid Attorneys

The Legal Aid Society sought a preliminary injunction against the Association of Legal Aid Attorneys and its officers to prevent the disciplining of striking union members who crossed picket lines. The plaintiff also claimed tortious interference and a civil rights conspiracy under 42 U.S.C. § 1985(3) on behalf of itself, non-striking attorneys, and indigent clients. The District Court denied the injunction, finding several impediments to success on the merits. These included the NLRB's primary jurisdiction, the Norris-LaGuardia Act's prohibitions, and the plaintiff's lack of standing for third-party claims. Furthermore, the court determined that the conspiracy allegations under Section 1985(3) were conclusory and lacked substantial merit.

Labor DisputePreliminary InjunctionUnion DisciplinePicket LinesNational Labor Relations Act (NLRA)Norris-LaGuardia ActStanding (Law)Conspiracy (Law)Civil Rights (42 U.S.C. § 1985(3))Tortious Interference
References
32
Case No. 03-11-00009-CV
Regular Panel Decision
May 26, 2011

Rod Bordelon, Commissioner of the Texas Department of Insurance, Division of Workers' Compensation And the Texas Department of Insurance, Division of Workers' Compensation v. Brian Fanette

The appellants, Rod Bordelon, Commissioner of the Texas Department of Insurance, Division of Workers' Compensation, and the Texas Department of Insurance, Division of Workers' Compensation, filed a motion requesting the dismissal of their appeal. The Texas Court of Appeals, Third District, at Austin, granted this motion and consequently dismissed the appeal. This decision was made in the case against Appellee Brian Fanette.

Texas Court of AppealsWorkers' Compensation DivisionAppeal DismissalAppellant MotionJudicial DistrictTravis CountyMemorandum OpinionAdministrative AgencyState GovernmentAppellate Procedure
References
0
Case No. MISSING
Regular Panel Decision

Fabijanic v. Sperry Gyroscope Division

Petitioner Nicholas Fabijanic, representing the Engineers Union, sought to compel Sperry Gyroscope Division and Sperry Systems Management Division to arbitrate a grievance concerning a collective bargaining agreement. The dispute arose after Systems' employees, previously working at the Mississippi Test Facility (MTF) on the National Data Buoy Project, were offered employment with Sperry Space Support, another division, which would result in loss of union coverage. The Union contended the agreement should still apply. The court denied the motion, ruling that the employees had voluntarily accepted employment with an autonomous entity not party to the agreement, thus making the grievance non-arbitrable under the existing contract.

ArbitrationCollective Bargaining AgreementGrievanceUnion RepresentationEmployee TransferSperry Rand CorporationNational Labor Relations BoardFederal CourtLabor LawEmployer-Employee Relations
References
3
Case No. MISSING
Regular Panel Decision

Youth Action Homes, Inc. v. State Division of Human Rights

Youth Action Homes, Inc. (YAH) petitioned the court to annul a determination by the New York State Division of Human Rights, which had found YAH discriminated against a Hispanic employee based on national origin and awarded damages. The court found that the Commissioner's conclusion of unlawful discrimination lacked sufficient evidence in the record. It noted that the alleged discriminatory animus by a supervisor was not substantiated and that YAH, as an employer, had no knowledge of or reason to suspect discriminatory conduct. The court concluded that the employee's termination resulted from workplace conflicts and performance issues, not national origin discrimination. Consequently, the court granted YAH's petition and annulled the Division's determination.

Employment DiscriminationNational Origin DiscriminationAdministrative LawAppellate ReviewSubstantial Evidence RuleAnnulment of Agency DecisionWorkplace ConflictSupervisor-Subordinate IssuesHuman Rights LawJudicial Review
References
6
Case No. MISSING
Regular Panel Decision

Suffolk County Community College v. New York State Division of Human Rights

This case involves a proceeding initiated by Suffolk County Community College to review a determination by the New York State Division of Human Rights. The Division had previously found the college guilty of unlawful racially discriminatory practices and retaliation against an employee, awarding $50,000 in compensatory damages. The Division of Human Rights cross-petitioned to enforce this determination. Following a reversal and remittal by the Court of Appeals, the Appellate Division reviewed the matter. The court denied the branch of the cross-petition seeking to enforce the $50,000 compensatory damages award, finding it excessive due to insufficient evidence regarding the duration, severity, or consequences of the complainant's mental anguish related to racial discrimination. The determination was otherwise confirmed, and the case was remitted to the New York State Division of Human Rights for a new award of compensatory damages not exceeding $5,000.

Racial DiscriminationRetaliationCompensatory DamagesExcessive DamagesMental AnguishAdministrative Law ReviewHuman Rights LawAppellate ReviewRemittalSufficiency of Evidence
References
8
Case No. 03-21-00579-CV
Regular Panel Decision
Jul 08, 2022

Alvy Childress v. Travelers Indemnity Company, W&W-AFCO Steel LLC, and Texas Department of Insurance Division of Workers Compensation

Alvy Childress appealed a trial court's orders concerning a worker's compensation claim, specifically challenging a venue transfer and the dismissal of claims against the Texas Department of Insurance, Division of Workers' Compensation. The appellate court dismissed the appeal of the venue transfer from Travis County to Tom Green County, citing a lack of interlocutory appellate jurisdiction. Regarding the plea to the jurisdiction by the Division, the court affirmed the trial court's decision to dismiss Childress's claims. It held that the Texas Labor Code does not provide a claimant with the right to sue the Division in such judicial review cases, thereby upholding the Division's sovereign immunity. Consequently, the Division was deemed not a proper party to the appellant's suit for judicial review.

Workers' CompensationJudicial ReviewVenue TransferSovereign ImmunityPlea to JurisdictionAppellate JurisdictionLabor CodeTexas Court of AppealsAdministrative LawPro Se
References
29
Case No. MISSING
Regular Panel Decision

Consolidated Edison Co. v. New York State Division of Human Rights

This is a dissenting opinion concerning an appeal by Con Edison against a decision by the New York State Division of Human Rights. The Division found Con Edison discriminated against Pamela Easton, a Black female employee, based on sex and race by denying her promotions to management positions. Easton, despite seniority and experience, was bypassed for promotions in favor of less experienced white male employees whom she had often trained. The Division ordered Con Edison to offer Easton a supervisory position with back pay, benefits, and $10,000 for humiliation and mental anguish. The dissenting judge believes there was substantial evidence to support the Division's determination and would have confirmed its order, thereby dismissing Con Edison's petition.

Employment DiscriminationRace DiscriminationSex DiscriminationPromotional DenialSubstantial Evidence ReviewAdministrative Agency DecisionHuman Rights LawAppellate ReviewDissenting OpinionSeniority
References
4
Case No. MISSING
Regular Panel Decision

Cluett, Peabody & Co. v. New York State Division of Human Rights

This case addresses whether an arbitration proceeding, which determined a job classification was not discriminatory under a collective bargaining agreement but explicitly stated it lacked authority to rule on Human Rights Law violations, bars a subsequent proceeding before the State Division of Human Rights. Employees Betty Lingle and Joan Skinner initially filed a grievance and later complaints with the State Division of Human Rights alleging sex discrimination after their termination. Following an arbitration decision that denied relief but did not address Human Rights Law issues, their employer, Cluett, Peabody & Co., Inc., sought a judgment declaring the Division lacked jurisdiction due to election of remedies. The court, presided over by John W. Sweeny, J., held that the arbitration did not constitute an election of remedies precluding the State Division from proceeding, as the arbitrator had no authority to decide Human Rights Law issues. Consequently, the employer's motion to dismiss the complaint was granted, allowing the Human Rights Commission to continue with the employees' complaints.

DiscriminationSex DiscriminationHuman Rights LawArbitrationCollective Bargaining AgreementExclusive RemedyJurisdictionState Division of Human RightsSeniority RightsElection of Remedies
References
3
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