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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

LIN Television Corp. v. National Ass'n of Broadcast Employees & Technicians—Communications Workers

Plaintiff LIN Television Corporation sought to vacate a labor arbitration award that reinstated employee Timothy Flynn after his termination for making threats. Defendants, National Association of Broadcast Employees and Technicians—Communications Workers of America, counter-claimed to enforce the award. The arbitration found no "just cause" for termination, converting it to a suspension and mandating a positive psychiatric evaluation for Flynn's return. The U.S. District Court, reviewing cross-motions for summary judgment, confirmed the arbitration award. The court ruled that the award drew its essence from the collective bargaining agreement and did not violate public policy regarding workplace safety, thereby denying the plaintiff's motion and granting the defendants' motion.

Labor DisputeArbitration AwardVacaturEnforcementWorkplace SafetyCollective Bargaining AgreementJust CauseEmployee TerminationMental Health EvaluationFederal Court Review
References
26
Case No. MISSING
Regular Panel Decision

Lee v. Ambach

The petitioner, a physician, initiated a proceeding under CPLR article 78 to annul a determination by the Commissioner of Education. This determination suspended his license to practice medicine for one year, with the suspension stayed pending compliance with probation terms. Charges against the petitioner stemmed from his alleged misconduct as a pathologist, including directing an unlicensed lab technician to perform medical procedures (eviscerating cadavers unsupervised) and multiple incidents of sexual harassment of female hospital workers. While a hearing panel found him guilty of both categories of charges and recommended license revocation, the Board of Regents largely agreed only on the unsupervised technician charge and modified the penalty. The Board imposed a one-year concurrent suspension, stayed, with one year of probation requiring psychiatric care if necessary. The court reviewed the determination, found it supported by substantial evidence, and concluded that the disciplinary procedures did not violate the petitioner’s due process rights, thereby confirming the determination and dismissing the petition.

Medical License SuspensionProfessional MisconductUnsupervised Medical PracticeSexual Harassment AllegationsPathologist DisciplineBoard of Regents Decision ReviewCPLR Article 78 ProceedingSubstantial Evidence StandardDue Process RightsProbationary Period
References
5
Case No. MISSING
Regular Panel Decision

Mott v. Central New York Psychiatric Center

The claimant, a guard at a state-run psychiatric center, suffered a work-related injury and received workers’ compensation benefits. During his disability, he used personal leave time for which he received full wages. The employer sought reimbursement for these advance payments, but the Workers’ Compensation Board denied reimbursement for the personal leave portion. The Appellate Division reversed this decision, differentiating personal leave from sick leave by noting that personal leave could not be accrued or converted, thus not conferring a permanent benefit to the employer or a detriment to the claimant. The court concluded that denying reimbursement would result in the claimant receiving both full wages and compensation for the same period, a disfavored outcome, and therefore, reimbursement should be granted.

ReimbursementAdvance PaymentsPersonal LeaveSick LeaveWorkers' Compensation BenefitsDisabilityEmployer ReimbursementDisproportionate ResultAppellate DivisionNew York
References
9
Case No. MISSING
Regular Panel Decision

Kevin M. v. South Beach Psychiatric Center

Kevin M. was arrested for stalking Grammy-winning singer Robyn Fenty (Rihanna) after sending her hundreds of delusional letters and frequently appearing near her Manhattan apartment. Found unfit to stand trial, he was civilly committed to South Beach Psychiatric Center (SBPC). During a subsequent hearing, medical experts testified to his severe psychotic disorder, continuous delusions, and assessment as a danger to himself and others. The court denied Kevin M.'s application for release, finding existing Mental Hygiene Law inadequate to protect Ms. Fenty. Exercising its general equity jurisdiction, the court issued a permanent injunction and an order of protection, prohibiting Kevin M. from any contact with Ms. Fenty or her properties, and allowing for immediate arrest if violated, addressing perceived gaps in New York law concerning dangerously mentally ill individuals with specific targets.

StalkingMental IllnessInvoluntary CommitmentOrder of ProtectionPermanent InjunctionPsychotic DisorderPublic SafetyCriminal Procedure LawMental Hygiene LawEquity Jurisdiction
References
23
Case No. MISSING
Regular Panel Decision

Claim of Regenbogen v. New York State Willard Psychiatric Center

The case involves an appeal regarding a workers' compensation claim for mental injury filed by a former employee of Willard Psychiatric Center, who later worked for the Workers’ Compensation Board. The claim, initially found compensable, faced jurisdictional challenges after a March 1997 amendment to Workers’ Compensation Law § 20 (2) (a) mandated neutral arbitration for Board employees' claims pending on or after its effective date. The court found that the Workers’ Compensation Board lacked jurisdiction to issue its June 1997 amended decision because the claim was still 'pending' after the amendment's effective date. Consequently, the court reversed the Board's decisions and remitted the entire matter for arbitration, emphasizing that the legislative intent was to remove any appearance of partiality in such claims.

Workers' Compensation BoardJurisdictional DisputeRetroactive Application of LawStatutory AmendmentArbitration MandateMental Stress ClaimAppellate ProcedurePending ClaimsBoard Employee ClaimsAdministrative Law
References
5
Case No. MISSING
Regular Panel Decision

Claim of Keser v. New York State Elmira Psychiatric Center

This case addresses whether late payment penalty provisions of Workers’ Compensation Law § 25 (3) (f) apply to reimbursements made by an employer’s compensation carrier for wages paid during an employee's disability, and if so, whether they apply when reimbursement is in a form other than monetary payment to the employee. The Court affirmed the Appellate Division's decision, answering both questions in the affirmative. A 20% penalty was upheld against the State Insurance Fund for late reimbursement to the New York State Elmira Psychiatric Center, the employer of claimant Peter Keser. The ruling emphasizes that for penalty purposes, no distinction should be made between awards payable directly to claimants and those payable to an employer as reimbursement, and the mechanics of payment (e.g., accounting credit) do not alter the need for timely compliance with award terms, promoting prompt payment of workers' compensation benefits.

Workers' CompensationLate Payment PenaltyEmployer ReimbursementDisability BenefitsStatutory InterpretationSection 25(3)(f)Compensation DefinitionCarrier LiabilityPrompt PaymentAccrued Leave
References
6
Case No. 2015 NY Slip Op 05114 [129 AD3d 525]
Regular Panel Decision
Jun 16, 2015

Matter of Port Auth. of N.Y. & N.J. v. Union of Automotive Technicians

This case involves an appeal regarding an arbitration award concerning an E-Z Pass benefit for retired members of the Union of Automotive Technicians. The Supreme Court, New York County, modified the arbitration award to rule that the E-Z Pass benefit is a vested lifetime benefit. The Appellate Division, First Department, affirmed this judgment, citing its disposition in previous appeals with similar issues. The court concluded that the Supreme Court reached the correct result based on established precedent.

Arbitration AwardE-Z Pass BenefitVested Lifetime BenefitPublic Employee UnionCollective BargainingAppellate ReviewJudicial PrecedentMemorandum of AgreementLabor DisputeAffirmance
References
3
Case No. ADJ6657560
Regular
Jul 08, 2013

MADELINE PORTER vs. TARZANA TREATMENT CENTERS

This case involves a psychiatric technician claiming industrial injury due to workplace harassment. The Workers' Compensation Appeals Board granted reconsideration, reversing the finding of industrial psychiatric injury. The Board determined that the applicant's psychiatric injury was substantially caused by lawful, good faith personnel actions, which are barred under Labor Code section 3208.3(h). However, the Board affirmed the finding of orthopedic permanent disability, reducing it to 6%.

Good faith personnel actionLabor Code section 3208.3(h)psychiatric injury causationsubstantial causereprimandsverbal criticismCounty of Sacramento v. BrooksLarch v. Contra Costa CountyCan v. Alameda CountyCounty of Butte v. Purcell
References
7
Case No. ADJ7927652
Regular
Oct 25, 2016

Bozenna Kasperowicz vs. Metropolitan State Hospital, State Compensation Insurance Fund

This case involves an industrial injury to the applicant, a psychiatric technician, sustained on June 14, 2011, from a patient strike to the head. The Workers' Compensation Appeals Board (WCAB) granted reconsideration to address disputes over psychiatric impairment and a sleep disorder rating. The WCAB affirmed the original award but reduced the permanent disability rating from 76% to 70% by excluding the sleep dysfunction impairment. The WCAB found Dr. O'Brien's opinion on psychiatric impairment more persuasive than conflicting medical evaluations and determined Dr. Matos's opinion on sleep impairment lacked substantial medical evidence due to staleness.

WCABReconsiderationPsychiatric ImpairmentWhole Person ImpairmentGAF ScoreSleep DisorderSubstantial Medical EvidencePermanent DisabilityQualified Medical EvaluatorInsomnia
References
0
Case No. MISSING
Regular Panel Decision

Reitman v. Sobol

The petitioner, a certified social worker, sought to restore his professional license after surrendering it in 1988 following a guilty plea to sodomy. His 1992 application for restoration was denied by the Board of Regents. Subsequently, the petitioner initiated a CPLR article 78 proceeding in this Court to challenge the denial. The Court determined it lacked original jurisdiction to review the denial of a professional license restoration application, citing that such proceedings must be commenced in Supreme Court without specific statutory authority for direct appellate review. Consequently, the petition was dismissed due to a lack of subject matter jurisdiction.

Professional MisconductLicense RestorationCPLR Article 78Subject Matter JurisdictionAppellate ReviewBoard of RegentsSocial WorkerDenial of ApplicationNew York LawProfessional Licensing
References
14
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