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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

Council of City v. Department of Homeless Services

The New York City Department of Homeless Services (DHS) implemented a new Eligibility Procedure for Temporary Housing Assistance (THA) applicants. The Council of the City of New York (City Council) filed a declaratory judgment action, asserting DHS failed to comply with the notice and hearing requirements of the New York City Administrative Procedure Act (CAPA). The court affirmed lower court rulings, determining that DHS's procedure constitutes a 'rule' under CAPA, requiring public notice and hearings. The court rejected DHS's arguments that the procedure involved sufficient discretion or fell under an exemption, emphasizing the mandatory nature of the procedure and its substantial impact on eligibility determinations. Consequently, the Eligibility Procedure is unenforceable until DHS adheres to CAPA's procedural mandates.

Administrative LawRulemakingDeclaratory JudgmentHomeless ServicesTemporary Housing AssistanceNew York City CharterCAPASAPAAgency DiscretionProcedural Requirements
References
14
Case No. MISSING
Regular Panel Decision

Claim of Spyhalsky v. Cross Construction

This case of first impression examines whether Workers' Compensation Law § 13 (a) mandates a workers’ compensation carrier to cover sperm extraction and intrauterine insemination for an injured worker who cannot procreate due to a causally related injury. The claimant sustained a work-related back injury in 1995, leading to surgery and consequential retrograde ejaculation. When conservative treatments failed, his urologists recommended artificial insemination to achieve pregnancy. The Workers’ Compensation Board authorized these procedures, ruling that the inability to naturally father a child constituted a compensable injury requiring treatment. The court affirmed this decision, emphasizing a liberal interpretation of the Workers' Compensation Law to meet its humanitarian objectives and asserting that coverage for restoring lost bodily functions extends to procreative capabilities.

Workers' Compensation LawMedical Treatment CoverageRetrograde EjaculationIntrauterine InseminationProcreation RightsCompensable InjuryBodily Function LossStatutory InterpretationSperm ExtractionMedical Necessity
References
14
Case No. ADJ10679452
Regular
Jun 29, 2018

HORTENCIA AGUILAR vs. CONTRA COSTA COUNTY, EMPLOYMENT & HUMAN SERVICES

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration because it failed to meet the procedural requirements of Labor Code section 5902 and WCAB Rule 10842 by not providing specific references to the record. The Board adopted the Judge's report and recommendation, which found that the employer's disciplinary action against the applicant was not taken in good faith. Specifically, the employer failed to follow its own investigatory procedures by not including the applicant's input and by not adhering to its dispute resolution process. The Judge concluded that the employer's actions lacked the objective reasonableness required for a good-faith personnel action under applicable case law.

Workers' Compensation Appeals BoardPetition for ReconsiderationLabor Code section 5902WCAB Rule 10842Report and RecommendationInjury to psycheGood faith personnel actionObjective good faith standardCotran v. Rollins Hudig Hall Intl.Inc.
References
0
Case No. MISSING
Regular Panel Decision

Local Union 1566, International Brotherhood of Electrical Workers v. Orange & Rockland Utilities, Inc.

Orange and Rockland Utilities, Inc. appealed an order dated December 18, 1985, from the Supreme Court, Rockland County, which had granted the petitioner union's application to vacate an arbitration award. The arbitration stemmed from the employer's disability payment procedure requiring employees to submit claims for statutory benefits to qualify for sick-leave payments, a policy the union grieved. The arbitration board denied the grievance, interpreting the collective bargaining agreement to support the employer's procedure. However, the Supreme Court vacated the award, finding the board exceeded its authority by modifying the contract. The appellate court affirmed the order, concluding that the arbitration board indeed exceeded its expressly limited powers by effectively rewriting the collective bargaining agreement, which contained no provision requiring employees to submit statutory disability claims for sick-leave benefits.

ArbitrationCollective Bargaining AgreementSick Leave BenefitsDisability Benefits LawVacatur of Arbitration AwardArbitrator AuthorityContract InterpretationNew York LawAppellate ProcedureEmployer Policy
References
8
Case No. MISSING
Regular Panel Decision
Mar 26, 1998

In Re Bagel Bros. Bakery & Deli, Inc.

This order addresses whether Federal Rule of Bankruptcy Procedure 1014(b) imposes an automatic stay on proceedings in a subsequently-filed bankruptcy case. The case involves three Chapter 11 cases of Bagel Bros. Maple, Inc. and Bagel Bros. Deli & Bakery, Inc. in the Western District of New York, which are related to earlier Chapter 11 cases of MBC in the District of New Jersey. MBC filed a motion in New Jersey seeking to transfer venue and requested that the New York court automatically stay its proceedings based on Rule 1014(b). Bankruptcy Judge Michael J. Kaplan ruled that Rule 1014(b) does not constitute an automatic or self-executing stay upon the mere filing of a motion. Instead, a judicial determination and order from the first-filed court (District of New Jersey) are required to impose such a stay, ensuring that substantive rights are not abridged and allowing for judicial discretion in emergency matters. Therefore, the proceedings in the Western District of New York are not automatically stayed.

Bankruptcy ProcedureAutomatic StayFederal Rule of Bankruptcy Procedure 1014(b)Venue TransferChapter 11 ReorganizationInter-district BankruptcyJudicial InterventionSubstantive RightsFranchise AgreementsCash Collateral Disputes
References
12
Case No. MISSING
Regular Panel Decision

In re the Arbitration between New York State Office of Alcoholism & Substance Abuse Services & Ortiz

Victor Ortiz, an employee of New York State Office of Alcoholism and Substance Abuse Services (OASAS) and a member of PEF, was terminated for failing to maintain his required CASAC certification. OASAS did not follow the disciplinary procedures outlined in the collective bargaining agreement (CBA) between PEF and the state, asserting that his failure to maintain certification automatically disqualified him. Ortiz, represented by PEF, filed a grievance, arguing his termination violated articles 33 and 39 of the CBA. When OASAS and the Governor’s Office of Employee Relations maintained that the grievance process was inapplicable, respondents served a notice of intention to arbitrate. Petitioners sought to permanently stay arbitration in Supreme Court, but their petition was dismissed, and respondents' cross-motion to compel arbitration was granted. The appellate court affirmed the Supreme Court's decision, ruling that the dispute, concerning the interpretation and application of the CBA's disciplinary procedures, falls within the arbitration clause of article 34 of the CBA. The court emphasized that it is for an arbitrator to determine if article 33 of the CBA applies to terminations due to loss of required certification.

Public Sector EmploymentArbitrationCollective Bargaining AgreementEmployee TerminationProfessional CertificationDisciplinary ProcedureGrievance ProcessAppellate ReviewJudicial Review of ArbitrationStatutory Interpretation
References
6
Case No. ADJ9139200
Regular
Dec 11, 2015

MATTHEW BAKES vs. KAISER FOUNDATION HOSPITAL

The Workers' Compensation Appeals Board (WCAB) dismissed Matthew Bakes' petition for reconsideration because it was filed against a non-final order. California law requires petitions for reconsideration to be based on "final" orders that determine substantive rights, liabilities, or threshold issues, not interlocutory procedural or evidentiary decisions. The WCJ's decision at issue here only resolved an intermediate procedural or evidentiary matter. Thus, it was not a final order, and the petition was procedurally improper.

Petition for ReconsiderationNon-final orderFinal orderSubstantive rightLiabilityThreshold issueInterlocutoryProcedural decisionsEvidentiary decisionsRemoval
References
5
Case No. MISSING
Regular Panel Decision
Jan 14, 2010

Natural Resources Defense Council v. United States Environmental Protection Agency

The Natural Resources Defense Council and the Xerces Society (plaintiffs) sued the United States Environmental Protection Agency (defendant) and intervenor Bayer CropScience, challenging the EPA's registration of the insecticide spirotetramat. Plaintiffs alleged procedural and substantive deficiencies, primarily that the EPA failed to publish notice of applications, invite public comment, and publish registration decisions as required by the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). The court found the EPA had indeed committed serious procedural errors. Despite arguments from the EPA and Bayer against vacatur, the court decided to vacate the EPA's approvals of spirotetramat registrations and remanded the matter for further proceedings consistent with FIFRA and the Administrative Procedure Act.

Environmental LawInsecticide RegulationFIFRAAPAAdministrative LawNotice and CommentAgency ActionVacaturRemandSpirotetramat
References
21
Case No. 11 CIV. 0377(CM)
Regular Panel Decision

Pippins v. KPMG LLP

This case concerns a decision granting Defendant KPMG LLP's motion for summary judgment, dismissing Plaintiffs' Fair Labor Standards Act (FLSA) claims with prejudice and their New York Labor Law (NYLL) claims without prejudice. Plaintiffs, current and former Audit Associates at KPMG, alleged that KPMG violated overtime pay requirements by classifying them as exempt. The court, presided over by District Judge McMahon, determined that Audit Associates qualify as "learned professionals" under the FLSA exemption. This conclusion was based on their specialized academic training, customary CPA-eligibility, and the requirement for them to exercise discretion and judgment in performing audit procedures, despite some routine tasks and supervision. The court rejected Plaintiffs' arguments that their work was purely rote and found their duties essential to the accounting profession, thus exempting them from FLSA overtime requirements.

FLSANew York Labor LawLearned Professional ExemptionAdministrative ExemptionAudit AssociatesKPMGOvertime PaySummary JudgmentAccounting StandardsCPA Eligibility
References
39
Case No. MISSING
Regular Panel Decision

Fourth Branch Associates v. Department of Environmental Conservation

Petitioners Joseph Harris and Fourth Branch Associates initiated a CPLR article 78 proceeding challenging the New York State Department of Environmental Conservation (NYSDEC)'s issuance of a 'Notice of Complete Application and Determination of No Significance' and a '401 Water Quality Certificate' for a proposed hydroelectric project by ENERCO Corporation and Adirondack Hydro Development Corporation (AHDC). Petitioners contended that NYSDEC violated the State Environmental Quality Review Act (SEQRA) by not requiring an environmental assessment form, an environmental impact statement, or public hearings. AHDC argued federal preemption by the Federal Power Act, limiting NYSDEC's review to water quality standards. NYSDEC also moved for remand, acknowledging a procedural error in not requiring an environmental assessment form but arguing against preemption. The court determined that the Federal Power Act preempts NYSDEC from conducting a full SEQRA environmental review, limiting its authority to assessing compliance with State water quality standards. Consequently, NYSDEC was found to lack authority to require SEQRA-mandated forms, statements, or hearings for the 401 water quality certification.

Environmental LawFederal PreemptionWater Quality CertificationHydroelectric ProjectsState Environmental Quality Review Act (SEQRA)Federal Power ActCPLR Article 78 ProceedingState AuthorityEnvironmental ReviewRegulatory Control
References
56
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