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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

Connelly v. Griffin

The court confirmed the disciplinary determination against the petitioner. The determination of guilt was based on the recreation worker's testimony regarding threatening statements made by the petitioner in the gym, which the worker perceived as directed at him due to a prior disagreement. The petitioner's and inmate witnesses' contrary testimony created a credibility issue for the Hearing Officer. Furthermore, the court rejected the petitioner's claim of res judicata, clarifying that a previous disciplinary determination, arising from a guilty plea for abusive statements made to the recreation worker on a different day, was a separate incident and thus had no preclusive effect on the current disciplinary action. The petition was ultimately dismissed.

inmate disciplinedisciplinary hearingthreatening statementscredibility issueres judicatacorrectional facilitiesadministrative determinationappellate reviewevidence
References
6
Case No. MISSING
Regular Panel Decision

Shoga v. Fischer

The petitioner, a prisoner, faced disciplinary charges for refusing a direct order and harassment after making inappropriate comments to a social worker about her personal appearance and marital status, despite being told to stop. A tier III disciplinary hearing found him guilty of these charges, and the determination was affirmed on administrative appeal. The court confirmed the determination, finding substantial evidence to support the guilt. The court also rejected the petitioner's claims regarding improperly denied witnesses and alleged hearing officer bias.

Prison DisciplinaryHarassmentRefusing Direct OrderSubstantial EvidenceWitness DenialHearing Officer BiasAdministrative AppealCPLR Article 78 ProceedingPrisoner RightsCorrectional Facility
References
8
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

Bilbrew v. Goord

Petitioner, an inmate, challenged a prison disciplinary ruling after being found guilty of assaulting staff, violent conduct, unauthorized property possession, and harassment. The charges stemmed from an incident where petitioner swung a food cart at a cook. Petitioner argued the disciplinary hearing was untimely and that he was improperly denied the right to call certain witnesses. The court found that the time limits for disciplinary hearings are directory, not mandatory, and that petitioner demonstrated no prejudice from the delay. Additionally, the court determined that the Hearing Officer's denial of certain witnesses was proper as petitioner could not identify them or show their relevance. The court also upheld the interpretation of facility regulations regarding personal items in the kitchen area. Consequently, the determination was confirmed, and the petition was dismissed.

Prison disciplineinmate misconductCPLR article 78administrative reviewprocedural due processhearing timelinesswitness rightsfacility regulationsassault on staffharassment
References
4
Case No. MISSING
Regular Panel Decision

Gore v. Corwin

Petitioner John G. Connor, a permanent part-time police officer, initiated an Article 78 proceeding to challenge the respondents' disciplinary determination. The respondents, including the Chief of Police of the Village of Ellenville, confiscated Connor's badge and police identification following an incident where he allegedly misused his badge while off-duty. Respondents argued this was not a disciplinary action requiring a hearing under Civil Service Law § 75 or Village Law § 8-804. The court determined that the confiscation constituted a disciplinary action, thereby entitling the petitioner to due process, including notice of charges and an opportunity for a hearing. Consequently, the court reversed the respondents' determination, mandating them to conduct a hearing or return the petitioner's badge and expunge relevant records.

Disciplinary ActionPolice Officer RightsDue ProcessCivil Service LawVillage LawArticle 78 ProceedingBadge ConfiscationPublic EmployeeHearing RightsReversed Decision
References
1
Case No. MISSING
Regular Panel Decision
Feb 28, 1985

Taylor v. Cass

The petitioner, a senior sewage treatment plant operator for Suffolk County, was terminated following a notice of infraction for failing to give a fair day’s work and sleeping during scheduled hours. This termination occurred during a six-month disciplinary probationary period, established after a prior disciplinary proceeding where he agreed to termination without a hearing only if his job performance was 'adversely affected' by alcohol consumption. The petitioner initiated a CPLR article 78 proceeding, arguing that the recent charges were unrelated to alcohol and thus required a disciplinary hearing under Civil Service Law § 75. Special Term found no evidence of intoxication and annulled the termination, reinstating the petitioner with retroactive pay. The appellate court affirmed Special Term's decision, agreeing that the termination without a hearing was arbitrary and capricious given the specific terms of the prior stipulation.

Employment LawPublic WorksDisciplinary ActionWrongful TerminationAdministrative ReviewProbationary PeriodStipulation AgreementAlcohol PolicyDue Process RightsJudicial Review
References
0
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

Hearring v. Sliwowski

Melissa Hearring, as next friend of a minor, B.H., filed a § 1983 action against school nurse Karen Sliwowski and the Metropolitan Government of Nashville Davidson County, Tennessee, alleging a Fourth Amendment violation for an intrusive visual search of B.H.'s labia without consent or emergency. The Magistrate Judge recommended granting summary judgment for defendants, citing qualified immunity for Sliwowski and insufficient evidence against Metro. However, the District Judge set aside this recommendation, concluding that B.H.'s Fourth Amendment right was clearly established at the time of the search. The Court denied the defendants' motion for summary judgment, finding that Metro could be liable for deliberate indifference to the need for clear policies regarding student searches.

Fourth AmendmentQualified ImmunitySchool SearchStrip SearchMinor's RightsDeliberate IndifferenceMunicipal LiabilitySchool Nurse ConductParental ConsentMedical Examination
References
79
Case No. MISSING
Regular Panel Decision

City of Long Beach v. Long Beach Professional Firefighters Ass'n

The City of Long Beach petitioned to permanently stay arbitration initiated by Brian McNamara and the Long Beach Professional Firefighters Association (Union) concerning McNamara's disciplinary charges. The Union cross-petitioned to compel arbitration and disqualify City Manager Jack Schnirman as the hearing officer due to alleged bias. The court, interpreting the Collective Bargaining Agreement (CBA), determined that the City Manager was mandated to conduct the initial disciplinary hearing, with arbitration only permissible as a review mechanism after the City Manager's determination or if he declined to hold the hearing. Consequently, the court granted the City's petition, permanently staying the AAA arbitration. The Union's cross-petition to disqualify Schnirman, based on claims of bias, was denied, as the CBA allows the City Manager to preside and no actual disqualifying bias was found.

ArbitrationCollective Bargaining AgreementDisciplinary ProceedingsCity ManagerFirefighters UnionPublic Sector ArbitrationStay of ArbitrationCompel ArbitrationBias AllegationsWorkplace Violence Policy
References
8
Case No. 2015-02-0155, 2015-02-0156, 40357-2015, 31700-2015
Regular Panel Decision
Apr 13, 2018

Muse, Estel Blackie v. Campbell County

Estel "Blackie" Muse, an employee of Campbell County, filed claims for multiple injuries, including his back, hearing loss, right shoulder, bilateral upper extremities, and occupational lung disease. The employer accepted the back and hearing-loss claims but denied the others. The Court of Workers’ Compensation Claims at Knoxville, presided by Judge Lisa A. Lowe, denied Mr. Muse's claims for his right shoulder, bilateral upper extremity, and occupational lung disease, finding he failed to establish compensability. However, the court granted permanent partial disability benefits for his back and hearing loss based on accepted medical opinions, incorporating increased benefits and applying a social security offset. The total award for permanent partial disability benefits was $79,073.37, and future medical benefits for his back and hearing loss were also awarded.

Workers' CompensationPermanent Partial DisabilityBack InjuryHearing LossOccupational Lung DiseaseRight Shoulder InjuryBilateral Upper Extremities InjuryMedical CausationPreponderance of EvidenceIndependent Medical Evaluation (IME)
References
5
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