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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

In re the Estate of Cosentino

The absentee, a fireman and businessman, disappeared on July 17, 1994, after leaving his home to attend to a Snapple delivery. Despite extensive police investigation and diligent search efforts by his spouse, no trace of him was found, and his car was later discovered abandoned. His family had no prior indication of his intent to abandon them. The petitioner, his spouse, sought a determination under EPTL 2-1.7 that he died on the date of his disappearance, aiming to secure specific benefits. The court, interpreting EPTL 2-1.7 and relevant case law, determined that while no 'specific peril' was evident, the compelling circumstances after three years of continuous unexplained absence rebutted the statutory presumption of death at the end of the three-year period. Consequently, the court held that the absentee died on July 18, 1994, and directed the issuance of letters of administration to the petitioner.

EPTL 2-1.7Presumption of DeathAbsenteeDisappearanceDate of Death DeterminationLetters of AdministrationSurrogate's CourtFamily LawEstate LawDiligent Search
References
11
Case No. MISSING
Regular Panel Decision

Claim of Kaye v. Brewster Central School District Board of Education

A probationary school bus driver was discharged by her employer after sustaining a work-related injury, leading the Workers' Compensation Board to affirm a violation of Workers' Compensation Law § 120. The appellate court reversed this decision, finding that the employer had a statutory right to terminate a probationary employee without cause before their probationary period expired. The court concluded that the discharge was based on dissatisfaction with the claimant's work, attitude, and pre-injury absenteeism, not on absenteeism due to the work-related injury, and thus did not violate § 120. The ruling differentiated between public and private employers regarding probationary employees' expectations of continued employment.

Workers' CompensationProbationary EmploymentWrongful DischargePublic Sector EmploymentAbsenteeismStatutory InterpretationAppellate ReviewEmployer RightsEmployee ProtectionWork-Related Injury
References
7
Case No. MISSING
Regular Panel Decision

Alessio v. Carey

This memorandum addresses an appeal by Paul G. Carey concerning a lower court order that partially granted a petition to count three absentee ballots for petitioner Alessio in a town justice election. The Onondaga County Board of Elections had initially invalidated these ballots. The appellate court, after a remittal from the Court of Appeals, reversed the lower court's decision. The court emphasized strict compliance with Election Law, determining that the absentee ballots were void due to irregular markings outside the voting squares, which could potentially identify voters. Additionally, a cross-claim regarding other invalidated affidavit ballots was dismissed for procedural reasons, although the court noted those ballots likely should have been counted due to ministerial error.

Absentee BallotsElection LawVoter MarkingsBallot InvalidityAppellate ReviewJudicial ReviewElection IntegrityIrregular MarksTown Justice ElectionNew York Election Law
References
14
Case No. MISSING
Regular Panel Decision
Feb 04, 2000

Vallance v. Irving C.A.R.E.S., Inc.

Anne Marie Vallanee appealed a take-nothing summary judgment in favor of Irving C.A.R.E.S., Inc., in her lawsuit alleging wrongful termination for filing a workers’ compensation claim. Vallanee, an intake receptionist, suffered two back injuries and subsequently filed a workers' compensation claim, leading to her termination due to chronic absenteeism. The trial court granted summary judgment for the employer, finding no evidence that her termination was causally linked to filing the claim, as required by Texas Labor Code § 451.001. The appellate court affirmed, concluding that while the employer knew of the claim and terminated her for absenteeism, Vallanee failed to provide sufficient evidence that 'but for' the claim, she would not have been discharged.

Workers' Compensation ClaimWrongful TerminationSummary JudgmentTexas Labor CodeEmployment DiscriminationCausal ConnectionChronic AbsenteeismAppellate ReviewLabor LawTexas Court of Appeals
References
13
Case No. Proceedings No. 1, 2, and 3
Regular Panel Decision
Dec 21, 2009

Stewart v. Chautauqua County Board of Elections

This case involves three consolidated proceedings under Election Law article 16 concerning a general election for the position of Chautauqua County Legislator for the Seventh District. The court modified a lower court order, invalidating the J.K. affidavit ballot due to the voter's lack of residency and validating two previously unreadable optical scan ballots, concluding voters did not abandon them. It upheld the validity of the John Doe affidavit ballot, citing a lack of jurisdiction for challenges. The court also affirmed the validity of two absentee ballots despite initial application irregularities and the presence of extrinsic materials. A cross-appeal by Leon H. Beightol regarding the opening and validity of absentee ballots was dismissed in part and denied in part.

Election LawAbsentee BallotsOptical Scan BallotsAffidavit BallotsVoter ResidenceBallot ValidityJudicial EstoppelCross AppealChautauqua CountyGeneral Election
References
25
Case No. MISSING
Regular Panel Decision

Johnson v. Fulton Sylphon Division, Robertshaw Controls Co.

Willie J. Johnson, a black male, filed a Title VII lawsuit against his employer, Fulton Sylphon Division of Robertshaw Controls Company, alleging racial discrimination regarding a denied transfer to the Numerical Control Department and subsequent retaliatory discharge. Johnson claimed he was denied promotion due to his race and fired in retaliation for his protected activities. The defendant argued that Johnson's excessive absenteeism, poor work performance, and lack of qualifications were legitimate, non-discriminatory reasons for its decisions. The court found that Johnson failed to establish a prima facie case of discrimination, concluding he was not qualified for the transfer due to his consistent poor work record. Furthermore, his discharge was found to be a result of his ongoing absenteeism and uncooperative attitude, not retaliation. The court ruled in favor of the defendant.

Racial DiscriminationEmployment DiscriminationTitle VIIRetaliatory DischargeAbsenteeismPoor Work PerformancePrima Facie CaseMcDonnell Douglas TestPretextStatistical Evidence
References
18
Case No. MISSING
Regular Panel Decision

Emery v. Robertson County Election Commission

Taylor Ted Emery and Claude Bellar contested the August 1978 elections for Sheriff and Fourth District County Commission positions in Robertson County. The Chancellor initially found irregularities but believed they didn't affect the outcome for the Sheriff's race or one County Commissioner, though a supplemental opinion later ordered a new election for the second Commissioner. On appeal, the Supreme Court identified numerous violations of absentee voting statutes and inconsistencies in the lower court's rulings. The court determined that the extent of the irregularities, including the personal participation of the incumbent Sheriff in handling absentee ballot applications, rendered both the Sheriff's election and all Fourth District County Commission elections incurably uncertain. As a result, all contested elections were voided, and the respective offices declared vacant, with costs assigned to the Robertson County Election Commission.

election lawvoter irregularitiesabsentee votingelection fraud opportunityjudicial review of electionscounty government electionssheriff electionTennessee Supreme Courtstatutory violationsincurable uncertainty
References
12
Case No. MISSING
Regular Panel Decision

Panio v. Sunderland

This case concerns appeals related to the validity of absentee and affidavit ballots from the November 2, 2004 general election for the 35th State Senatorial District, contested between Republican candidate Nicholas Spano and Democratic candidate Andrea Stewart-Cousins. The court modified the Appellate Division's order, ruling that 163 affidavit ballots cast in the correct polling site but wrong election district, 45 absentee ballots by poll workers, and 20 affidavit ballots with missing election district information, all due to ministerial errors by the Board of Elections, must be counted. Conversely, 457 affidavit ballots cast at the wrong polling place and three affidavit ballots where votes were already recorded for those voters were properly excluded. The decision emphasizes balancing statutory duties with voter rights, ensuring that ministerial errors do not disenfranchise eligible voters.

election lawballot validityaffidavit ballotsabsentee ballotsministerial errorvoter disenfranchisementpolling siteelection districtNew York State Senateelection dispute
References
8
Case No. MISSING
Regular Panel Decision
Nov 27, 2013

Teets v. Belcher

This case concerns an Election Law proceeding initiated by Cheryl L. Teets and Peter Tomasi, Democratic and Working Families Parties candidates, against the Orange County Board of Elections and Republican, Conservative, and Independence Parties candidates George A. Belcher and Robert C. Ritchie. Petitioners sought to count two absentee ballots in a close City Council election in Port Jervis. The court upheld the Board of Elections' decision to invalidate one ballot due to an erasure mark, citing Election Law § 9-112. However, the court overturned the Board's decision to exclude a second ballot where the voter used initials instead of a full signature, reasoning that initials, coupled with the voter's credible testimony of intent, constitute a valid signature under General Construction Law § 46, especially given the ambiguous instructions provided by the State Board of Elections. The court emphasized the importance of safeguarding voter rights against technical objections and directed the State Board of Elections to clarify absentee ballot instructions.

Election LawAbsentee BallotsVoter DisenfranchisementBallot CountingErasure MarkSignature VerificationJudicial ReviewOrange CountyPort JervisCity Council Election
References
9
Case No. ADJ5834082
Regular
Mar 22, 2010

Patricia Guillen vs. Redwood Empire Dermatology, Preferred Employers of San Diego

The Workers' Compensation Appeals Board granted reconsideration and reversed the original decision, finding the applicant failed to prove discrimination under Labor Code section 132a. The Board determined the employer made the decision to terminate the applicant for absenteeism and tardiness *before* learning of her industrial injury. Therefore, the applicant did not prove her termination was "because of" her injury as required by law. The applicant's claim for discrimination benefits was denied.

Workers' Compensation Appeals BoardLabor Code section 132adiscriminationterminationindustrial injuryprima facie casebusiness realitiesapplicant testimonyemployer testimonycredibility
References
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