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

Case No. MISSING
Regular Panel Decision

In re the Arbitration Between City of Oswego & Oswego City Firefighters Ass'n, Local 2707

The City of Oswego appealed an order denying its petition to vacate an arbitration award and confirming the award in favor of the Oswego City Firefighters Association, Local 2707. The City contended that the arbitrator exceeded his authority by contravening the Retirement and Social Security Law and Civil Service Law regarding firefighter retirement contributions. The central issue was whether an expired collective bargaining agreement remained in effect under the Triborough doctrine, thereby obligating the City to pay firefighter contributions to the New York State Police and Fireman’s Retirement System for newly hired employees. The court affirmed the lower court's decision, concluding that the arbitration award was not contrary to statutes or public policy. It held that the Triborough doctrine maintained the terms of the expired agreement until a new one was negotiated, thus the Section 8 exception applied to the firefighters.

ArbitrationPublic EmployerCollective Bargaining AgreementRetirement BenefitsCivil Service LawRetirement and Social Security LawTriborough DoctrineGrievanceStatutory InterpretationAppellate Review
References
18
Case No. MISSING
Regular Panel Decision

Uniformed Firefighters Ass'n, Local 94 v. City of New York

The Uniformed Firefighters Association (UFA) and individual firefighters sued the City of New York, challenging the denial of seniority credit for promotional purposes to firefighters initially re-employed under federal programs (CETA and HUD) in "provisional" capacities after layoffs. Plaintiffs argued violations of the CETA statute and the Equal Protection Clause. The District Court found no private right of action under CETA, asserting that its grievance procedures were exclusive. The court also determined that the City had a rational basis for distinguishing between provisional and permanent employees regarding seniority, citing New York Civil Service Law requirements. Consequently, the defendants' motion to dismiss the complaint for failure to state a claim was granted.

Seniority RightsProvisional EmploymentCETA ProgramHUD ProgramCivil Service LawEqual Protection ClauseMotion to DismissFederal FundingBudgetary CrisisFirefighters
References
10
Case No. MISSING
Regular Panel Decision

Zanghi v. Niagara Frontier Transportation Commission

This case consolidates three appeals concerning the 'firefighter rule,' which generally bars police and firefighters from recovering for line-of-duty injuries stemming from inherent employment risks. The Court clarifies that the rule applies when the performance of duties increases the risk of injury, rather than merely furnishing the occasion. Consequently, common-law negligence claims were dismissed for a police officer who slipped while approaching a picketer, firefighters injured by a building collapse, and officers who fell rushing to assist a colleague. However, in Raquet v Braun, the Court reinstated statutory claims under General Municipal Law § 205-a against the property owner, Leonard Zane, holding that building code violations can create actionable hazards for firefighters, while dismissing claims against contractors who had no control over the premises at the time of injury.

Firefighter RulePolice Officer InjuryCommon-law NegligenceStatutory ClaimsGeneral Municipal LawBuilding Code ViolationsPremises LiabilityAssumption of RiskLine-of-Duty InjuryNew York State Courts
References
12
Case No. MISSING
Regular Panel Decision

City of Cohoes v. Uniform Firefighters of Cohoes, Local 2562

The City of Cohoes, as petitioner, sought to prevent arbitration initiated by the Uniform Firefighters of Cohoes, Local 2562, concerning "light duty" assignments for "nonworking" firefighters under General Municipal Law § 207-a (3). The union argued for due process hearings and the arbitrability of these assignments based on their collective bargaining agreement. Justice Harold J. Hughes, however, ruled that issues related to General Municipal Law § 207-a (3) are not subject to arbitration. The court emphasized a strong public policy and established decisional law which supports municipal employers' flexibility in assigning light duty and deems the statute self-contained, separate from contractual arbitration. Consequently, the petitioner's application to stay arbitration was granted, with the court noting that any abuse of employer discretion remains subject to judicial review.

Arbitration StayGeneral Municipal Law 207-aLight DutyFirefighter BenefitsPublic Policy ExceptionCollective BargainingEmployer AuthorityDisabled EmployeesTaylor LawMunicipal Employers
References
14
Case No. MISSING
Regular Panel Decision
Jul 20, 2009

Alcalde v. Riley

The plaintiff firefighter sued Jacqueline Riley for personal injuries sustained while responding to a fire at Riley's home in Queens. The fire, caused by reckless use of a torch by subcontractors, prompted the plaintiff to allege violations of General Municipal Law § 205-a and common-law negligence. The Supreme Court initially granted Riley's motion for summary judgment, but the appellate court reversed this decision. The appellate court found Riley failed to demonstrate a lack of connection between alleged statutory violations and the plaintiff's injuries, and that a triable issue of fact existed regarding common-law negligence due to a blocked staircase on the premises.

Personal InjuryFirefighter InjuryGeneral Municipal LawCommon-Law NegligenceSummary Judgment AppealAppellate Court DecisionPremises LiabilityHomeowner ResponsibilityStatutory ViolationsSubcontractor Negligence
References
14
Case No. MISSING
Regular Panel Decision
May 22, 1992

Fedorczak v. Dolce

This case involves an appeal from a Supreme Court judgment that annulled determinations by the City of White Plains Commissioner of Public Safety regarding firefighter benefits. The petitioners, firefighters injured in the line of duty, were initially denied benefits under General Municipal Law § 207-a, with their time lost allocated to sick leave. The Supreme Court found that prior Workers' Compensation Board awards had already established that the injuries occurred in the performance of their duties, thus entitling them to benefits. The appellate court affirmed this decision, drawing parallels between General Municipal Law § 207-a and § 207-c, and deeming the respondents' initial determinations arbitrary and capricious. Consequently, the judgment directed the City of White Plains to provide the petitioners with the appropriate benefits under General Municipal Law § 207-a.

FirefightersGeneral Municipal Law § 207-aWorkers' Compensation BoardSick LeaveInjury in Line of DutyCPLR Article 78Appellate DivisionWestchester CountyMunicipal EmployeesPublic Safety
References
5
Case No. 2022 NY Slip Op 02174
Regular Panel Decision
Mar 31, 2022

Matter of City of Troy (Troy Uniformed Firefighters Assn., Local 86 IAFF, AFL-CIO)

This case concerns an appeal by the City of Troy against a Supreme Court order that denied its application to permanently stay arbitration with the Troy Uniformed Firefighters Association. The dispute arose from the City's implementation of COVID-19 pandemic executive orders, which resulted in non-essential civilian employees working from home or taking leave, while essential firefighters remained on duty. The union filed a grievance seeking equal paid time off or monetary compensation for its members. The Appellate Division, Third Department, reversed the Supreme Court's order, concluding that arbitration of the dispute was precluded as a matter of public policy. The court reasoned that the City's actions were a required compliance with statewide public health directives during an extraordinary emergency, and therefore, could not constitute a breach of the collective bargaining agreement that would warrant arbitration.

ArbitrationPublic Policy ExceptionCollective Bargaining AgreementCOVID-19 PandemicExecutive OrdersEssential WorkersGrievanceAppellate ReviewMunicipal LawLabor Relations
References
11
Case No. 2016 NY Slip Op 00977 [136 AD3d 824]
Regular Panel Decision
Feb 10, 2016

Matter of Long Beach Professional Firefighters Assn., Local 287 v. City of Long Beach

Jay Gusler, a lieutenant in the City of Long Beach Fire Department and a member of Long Beach Professional Firefighters Association, Local 287, was demoted to firefighter. This demotion followed a disciplinary proceeding presided over by Robert L. Douglas, as per a settlement agreement between the City and the Association. The appellants (Gusler and the Association) initiated a CPLR article 78 proceeding to challenge the demotion, arguing Douglas lacked authority under the City Code. The Supreme Court, Nassau County, dismissed the proceeding. The Appellate Division, Second Department, affirmed this decision, finding that the City and Association could negotiate a collective bargaining agreement allowing demotion, and Douglas acted within the authority granted by their settlement agreement.

DemotionFirefightersCollective Bargaining AgreementSettlement AgreementDisciplinary ProceedingsArticle 78 ProceedingArbitrator AuthorityCity CodePublic EmploymentAppellate Review
References
6
Case No. MISSING
Regular Panel Decision
Jan 18, 2011

Pettit v. Scipio Volunteer Fire District

Claimant, a volunteer firefighter and EMT for the Scipio Volunteer Fire District, sustained multiple injuries, including a traumatic brain injury, in a one-car accident while returning home after receiving a swine flu vaccination. The Workers' Compensation Board determined that her injuries were incurred in the course of her duties as a volunteer firefighter, awarding her benefits. The District and its workers' compensation carrier appealed this decision. The court affirmed the Board's determination, finding that the District strongly encouraged EMTs to receive the vaccination and facilitated its provision, making the activity compensable under Volunteer Firefighters’ Benefit Law § 5 (1) (p) as participation in a program to maintain performance of duties.

Volunteer FirefighterEMTSwine Flu VaccineLine of DutyCar AccidentTraumatic Brain InjuryCompensabilityStatutory ConstructionBenefit LawScipio Volunteer Fire District
References
4
Case No. MISSING
Regular Panel Decision
Aug 08, 2002

Frey v. Whistler

Julie A. Frey, a volunteer firefighter, commenced a negligence action after sustaining injuries in a fire truck collision with a vehicle driven by Harold J. Whistler. Whistler, in turn, initiated a third-party action against the Town of Newstead Fire Co., Inc. and William G. Hawes, the fire truck driver. The Supreme Court, Erie County, initially granted summary judgment dismissing the third-party complaint, concluding that Frey had not suffered a "grave injury" as defined by Workers' Compensation Law § 11. However, the appellate court reversed this decision, clarifying that the Volunteer Firefighters' Benefit Law, which lacks the "grave injury" limitation, governs such third-party actions, not the Workers' Compensation Law. The court emphasized that it would not read the Workers' Compensation Law's specific amendments into the distinct statutory scheme of the Volunteer Firefighters' Benefit Law without express legislative intent.

Volunteer Firefighters' Benefit LawWorkers' Compensation Law § 11Grave InjuryThird-Party ActionStatutory InterpretationLegislative IntentEmployer LiabilityCoworker LiabilitySummary JudgmentAppeal Reversal
References
6
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