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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
Mar 20, 2009

Equal Employment Opportunity Commission v. Nichols Gas & Oil, Inc.

The Equal Employment Opportunity Commission (EEOC) filed suit against Nichols Gas & Oil, Inc. and Townsend Oil Corporation on behalf of ten claimants, alleging sexual harassment, constructive discharge, and retaliation under Title VII of the Civil Rights Act. Defendants moved to compel the production of claimants' medical and mental health records. The court addressed the psychotherapist-patient privilege, finding that Claimant #2, who saw mental health professionals, did not waive her privilege because she only asserted a "garden variety" emotional distress claim and did not intend to use privileged communications at trial. The court clarified that the psychotherapist-patient privilege does not extend to medical, non-mental health providers. For seven claimants, including the Charging Party and Claimant #2, the court ordered the disclosure of medical records relevant to emotional distress, limiting the scope to one year prior to, through one year subsequent to, their employment with Nichols, subject to a protective order to safeguard privacy.

Employment DiscriminationSexual HarassmentDiscovery MotionPsychotherapist PrivilegePhysician-Patient PrivilegeEmotional DistressWaiverFederal Civil ProcedureCivil Rights ActHostile Work Environment
References
26
Case No. MISSING
Regular Panel Decision

Claim of Murtaugh v. Bankers Trust Co.

Claimant filed a disability benefits claim for a non-work-related back condition. After an extended absence of 40 days, her employment was terminated by the employer, who cited her doctor's inability to provide a definitive return-to-work date. Claimant subsequently filed a discrimination complaint, alleging her discharge violated Workers' Compensation Law sections 120 and 241, which prohibit employer retaliation for claiming benefits. The Workers’ Compensation Board found that the employer violated the applicable law by terminating her employment. On appeal, the court affirmed the Board's decision, concluding that the employer's stated reason for termination was insufficient to distinguish it from a prohibited discriminatory discharge, and that the Board's finding was supported by substantial evidence.

DiscriminationRetaliationDisability BenefitsWorkers' Compensation LawTermination of EmploymentBack ConditionAbsence from WorkSubstantial EvidenceAppellate Review
References
2
Case No. MISSING
Regular Panel Decision

City of Rome v. State of New York Public Employment Relations Board

The City of Rome eliminated the position of acting purchasing agent and transferred the duties to non-unit employees. Marilyn McLiesh's bargaining unit, CSEA, filed an improper practice charge, leading PERB to order McLiesh's reinstatement with back pay. The City of Rome initiated a CPLR article 78 proceeding, arguing that McLiesh's prolonged service as an acting agent violated NY Constitution, article V, § 6. The Supreme Court agreed, annulling the reinstatement and back pay order. Upon appeal by CSEA and PERB, the Appellate Division affirmed the Supreme Court's judgment, ruling that McLiesh's employment beyond the statutory temporary period was unconstitutional and therefore PERB exceeded its authority by ordering her reinstatement.

CPLR Article 78Improper Practice ProceedingPublic Employment Relations BoardCivil Service LawConstitutional ViolationReinstatement OrderBack PayProvisional EmployeeBargaining Unit WorkAppellate Division
References
5
Case No. 71 Civ. 2877
Regular Panel Decision
Dec 21, 1990

Equal Employment Opportunity Commission v. Local 580

The Equal Employment Opportunity Commission (EEOC) sought to enforce subpoenas against entities related to defendants Local 580 and AJEF to uncover their true financial condition. The defendants claimed financial impossibility in complying with a consent judgment regarding discrimination. After a Special Master's initial denial of discovery for certain years was overturned by the court, the defendants and non-parties moved to vacate the Special Master's revised order and dismiss EEOC's appeal, citing procedural irregularities. The court denied their motion, affirming the relevance of the financial records and rejecting their procedural arguments, as well as denying a request for interlocutory appeal certification and a stay of production.

Employment DiscriminationContempt of CourtConsent Judgment EnforcementDiscovery DisputeSubpoena Duces TecumSpecial Master AuthorityFederal Rules of Civil ProcedureInterlocutory AppealUnion FinanceApprenticeship Programs
References
7
Case No. MISSING
Regular Panel Decision

Matter of Hills v. New York City Board of Education

The claimant suffered a work-related wrist injury and was awarded workers' compensation benefits, including a schedule loss of use payment. The self-insured employer mailed a check for $4,580.20, but the claimant asserted non-receipt and denied endorsing the cancelled check. Initially, a Workers’ Compensation Law Judge ordered the employer to re-issue payment and investigate. However, the Workers' Compensation Board reversed this decision, concluding that timely mailing constituted payment and absolved the employer of further obligation. The Appellate Division found the Board's reversal arbitrary and capricious, as it failed to provide a rationale for deviating from its own conflicting precedents regarding employer responsibility in cases of unreceived or improperly endorsed payments. Consequently, the court modified the Board's decision, reversing the determination that the employer was not required to issue another check, and remitted the matter for additional proceedings consistent with its ruling.

Workers' CompensationSchedule Loss of UsePayment DisputeCheck Non-receiptEmployer LiabilityWorkers' Compensation BoardAppellate ReviewAdministrative LawArbitrary and CapriciousRemittal
References
11
Case No. MISSING
Regular Panel Decision

In re the Arbitration between Willoughby Realty & Management Co. & New York State Independent Union of Building Service Employees & Factory Workers, Local 2

The court reversed a prior order, granting the petitioner's motion to stay arbitration in a dispute between employers and a union. The core issue was the employers' right to lay off employees under a collective bargaining agreement, which required "good faith and sound business judgment." While the union challenged the employers' good faith, the court found insufficient facts presented to raise a genuine issue for arbitration. Therefore, the arbitration was stayed. A dissenting opinion argued that the record contained adequate circumstances to challenge the employer's good faith, warranting arbitration. An appeal from a decision by Justice Conlon dated November 5, 1959, was dismissed on grounds of non-appealability.

Arbitration StayCollective Bargaining AgreementEmployee LayoffsEmployer RightsUnion DisputeGood Faith ClauseJudicial ReviewAppellate ReversalDissenting OpinionLabor Law
References
1
Case No. C-4199
Regular Panel Decision

Board of Education of the Union-Endicott Central School District v. New York State Public Employment Relations Board

The Board of Education of Union-Endicott Central School District initiated a CPLR article 78 proceeding to annul a Public Employment Relations Board (PERB) determination that certified the Endicott Teachers' Association as the exclusive negotiating agent for former members of OTASN. The School Board argued that permitting a non-attorney to represent the Teachers' Association violated Judiciary Law §§ 478 and 484, and that PERB's director improperly made the decision instead of the Administrative Law Judge who presided over the hearing. The court agreed with the School Board on both points, finding PERB's rule allowing lay representation to contravene state law and the director's decision arbitrary and capricious. Consequently, the court annulled PERB's determination and remanded the matter for a new hearing. Additionally, a motion to dismiss by Kathleen Osiecki, president of OTASN, was granted as OTASN was not formally a party to the proceeding.

labour relationspublic employmentcollective bargainingjudicial reviewPERBnon-attorney representationdue processadministrative law judgeunion certificationarbitrary and capricious
References
6
Case No. 2021 NY Slip Op 06413
Regular Panel Decision
Nov 18, 2021

Matter of Garcia v. Cantor

Claimant Giovani Garcia sustained a work-related injury after being bitten by a snake while picking up leaves for employer Stuart Cantor. A Workers' Compensation Law Judge (WCLJ) established the claim, found the employer uninsured, and assessed a penalty. The employer appealed to the Workers' Compensation Board, but the Board denied the application for review due to the employer's failure to provide a complete response to question 15 on the RB-89 form, specifically by omitting the date of objection. The Appellate Division, Third Department, affirmed the Board's decision, holding that the Board has discretion to deny review for non-compliance with its procedural rules, and the employer's response was patently defective for lacking the required date.

Workers' CompensationAdministrative ReviewBoard DiscretionApplication for ReviewForm RB-89Procedural RulesUninsured EmployerPenalty AssessmentWork-Related InjurySnake Bite
References
14
Case No. ADJ1543435
Regular
Feb 04, 2013

Sergio Cordero vs. Michael Bernier dba Pacific Services, Stellrecht Company, State Compensation Insurance Fund, Uninsured Employers Benefit Trust Fund

The Workers' Compensation Appeals Board denied reconsideration, upholding the finding that the applicant was injured in the course and scope of employment with an unlicensed contractor, Michael Bernier. The Board gave great weight to the Workers' Compensation Judge's credibility determination regarding the employer's testimony. The applicant's injury occurred while he was directed by Bernier to remove solar panels from a property owned by Stellrecht Company. The Board clarified the distinction between "course of employment" and "scope of employment" in workers' compensation law to affirm the decision.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJ credibilitycourse and scope of employmentunlicensed contractoruninsured contractorgeneral-special relationshipLabor Code §2750.5B&P §7125.2Blew v. Horner
References
5
Case No. 2025 NY Slip Op 06579 [243 AD3d 1194]
Regular Panel Decision
Nov 26, 2025

Matter of Board of Educ. of the Newburgh Enlarged City Sch. Dist. v. Public Empl. Relations Bd. of the State of N.Y.

This case addresses a challenge by the Board of Education of the Newburgh Enlarged City School District (petitioner) to a determination by the Public Employment Relations Board (PERB). PERB had found the district engaged in an improper employer practice by unilaterally transferring the work of counseling non-mandated students from its bargaining unit employees (school social workers and psychologists) to non-unit county social workers. The Appellate Division, Third Department, confirmed PERB's determination, concluding there was substantial evidence that the work was exclusively performed by unit employees and the reassigned tasks were substantially similar. The court dismissed the district's petition and granted PERB's counterclaim for enforcement of its remedial order. This affirms PERB's finding that the district violated the Taylor Law by not negotiating the transfer of bargaining unit work.

Public EmploymentImproper Employer PracticeCollective BargainingBargaining Unit WorkPublic Employment Relations BoardTaylor LawCPLR Article 78Judicial ReviewSubstantial EvidenceSchool Social Workers
References
10
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