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

Case No. 2025 NY Slip Op 25151
Regular Panel Decision
Jul 01, 2025

Friends of Fort Greene Park v. New York City Parks & Recreation Dept.

This CPLR article 78 proceeding was brought by Friends of Fort Greene Park against the New York City Department of Parks and Recreation, challenging the environmental review process for a renovation project in Fort Greene Park. Petitioner alleged that the Parks Department failed to take a "hard look" at adverse environmental impacts, improperly segmented environmental review, issued a conditional negative declaration, and used an arbitrary tree valuation tool. The court denied the petition, finding that the Parks Department complied with SEQRA and rationally applied its protocols. The court also addressed a novel claim under New York's Green Amendment, concluding it creates a self-executing substantive right but found no violation in this context, as the project was justified by important government interests and aimed for long-term environmental improvement.

Environmental ReviewSEQRACEQRGreen AmendmentConstitutional LawPublic Park RenovationTree RemovalHistoric PreservationJudicial ReviewArticle 78 Proceeding
References
38
Case No. 2021 NY Slip Op 00597 [191 AD3d 1048]
Regular Panel Decision
Feb 04, 2021

Matter of King v. City of N.Y. Parks & Recreation

Claimant Dennis King had an established claim for a right knee injury since 1996, receiving awards until 1997. After knee surgery was re-authorized and performed in September 2017, the claimant sought post-surgery awards. A Workers' Compensation Law Judge (WCLJ) initially determined in December 2017 that the case was truly closed, precluding further awards under Workers' Compensation Law § 123. The Workers' Compensation Board denied claimant's application for review in April 2018, affirming the WCLJ's decision. Subsequently, in May 2018, the WCLJ improperly rescinded his earlier decision and ordered post-surgery awards. The Board, upon review, found that the WCLJ lacked the authority to rescind his prior decision, as it had become the final decision of the Board, and the claimant had failed to pursue available administrative or judicial appellate remedies. The Appellate Division affirmed the Board's decision, holding that only the Board possesses continuing jurisdiction, not the WCLJ.

Workers' Compensation LawWCLJ AuthorityBoard JurisdictionCase ClosureAppellate ReviewContinuing JurisdictionTime-BarDecision RescissionFinality of DecisionAdministrative Remedies
References
6
Case No. 2025 NYSlipOp 07051
Regular Panel Decision
Dec 18, 2025

Matter of Rodin v. Department of Parks & Recreation

Daphyne Rodin appealed decisions from the Workers' Compensation Board concerning a schedule loss of use (SLU) award for her 2014 left shoulder injury. The Board initially denied her SLU award and subsequently denied her application for reconsideration and/or full Board review, affirming its finding that her resolved left shoulder strain was not amenable to an SLU award. Rodin challenged the Board's refusal to preclude the carrier's orthopedic consultant's medical report, arguing she was denied the opportunity for cross-examination. The Appellate Division affirmed both Board decisions, concluding that there was no abuse of discretion. This was due to the claimant's lack of reasonable efforts to timely request an extension to reschedule the deposition of the orthopedic consultant, thereby waiving her right to cross-examine.

Workers' CompensationSchedule Loss of UseLeft Shoulder InjuryMedical OpinionCross-Examination WaiverDeposition SubpoenaExtension RequestAppellate ReviewBoard Decision AffirmationMaximum Medical Improvement
References
2
Case No. MISSING
Regular Panel Decision

Retail Industry Leaders Ass'n v. Suffolk County

The Retail Industry Leaders Association (RILA) sued Suffolk County and other defendants, challenging the Suffolk County Fair Share for Health Care Act. RILA sought a declaratory judgment, arguing the Act was preempted by the Employee Retirement Income Security Act (ERISA), violated the Fourteenth Amendment, and New York's wage and hour law. Both parties filed motions for summary judgment. The court granted RILA's motion and denied the defendants', ruling that the Suffolk County Fair Share Act is preempted by ERISA. The court found that the Act's alternative compliance methods were not realistic and that the Act effectively compelled employers to modify their ERISA plans, thus undermining ERISA's goal of uniform nationwide plan administration.

ERISA preemptionHealthcare benefitsState law preemptionFederal preemptionSummary judgmentEmployer mandatesUniform plan administrationRetail industrySuffolk CountyWage and hour law
References
28
Case No. MISSING
Regular Panel Decision

Dean v. Westchester County P.R.C.

Plaintiff Todd Dean filed an action under the Americans with Disabilities Act (ADA) against the Westchester County Department of Parks, Recreation and Conservation and Westchester County. He alleged disability discrimination, including wrongful termination, failure to hire, failure to promote, and unequal terms of employment, citing depression, anxiety, and post-traumatic stress disorder as his disabilities. The defendant moved to dismiss the plaintiff's amended complaints, arguing a failure to adequately plead a disability under the ADA and discriminatory treatment. The court granted the defendant's motion, dismissing the complaint with prejudice, based on the plaintiff's failure to demonstrate that his alleged impairment substantially limited a major life activity as legally defined. The court also disregarded the defendant's motion under Rule 11(a) of the Federal Rules of Civil Procedure.

ADADisability DiscriminationEmployment TerminationFailure to PromoteMajor Life ActivitySubstantial LimitationDepressionAnxietyPost-Traumatic Stress DisorderMotion to Dismiss
References
17
Case No. ADJ7486243
Regular
May 23, 2011

WALTER ROSS III vs. SOUTHGATE PARKS AND RECREATION DISTRICT, YORK INSURANCE SERVICES GROUP, INC.

This case involves a Petition for Removal filed by Applicant Walter Ross III against Southgate Parks and Recreation District and York Insurance Services Group. The Workers' Compensation Appeals Board (WCAB) reviewed the petition and the WCJ's report. Finding no grounds for removal, the WCAB adopted the WCJ's reasoning and denied the petition. The order officially denies Walter Ross III's petition for removal.

Petition for RemovalWorkers' Compensation Appeals BoardWCJ ReportDeny RemovalSouthgate Parks and Recreation DistrictYork Insurance Services GroupADJ7486243Oakland District OfficeDecision and OrderAdministrative Law Judge
References
0
Case No. ADJ218867
Regular
Apr 13, 2011

SANDY FRIZZELL vs. DEPARTMENT OF PARKS AND RECREATION, CHARTIS COSTA MESA, SCIF STATE EMPLOYEES SACRAMENTO

The Workers' Compensation Appeals Board denied reconsideration of a decision regarding Sandy Frizzell's claim against the Department of Parks and Recreation. The petitioner, State Compensation Insurance Fund, contested the 17% disability rating assigned for Ms. Frizzell's headaches, arguing it was improperly calculated. The Board adopted the administrative law judge's report, which found the rating expert's testimony credible and unimpeached. The judge's report explained that the rating appropriately reflected the intermittent nature of the headaches, as testified by the expert.

Workers' Compensation Appeals BoardReconsideration DeniedRating Expert TestimonyUnimpeached TestimonyCredible TestimonyLyme DiseaseContinuing TraumaState Compensation Insurance FundResource EcologistDisability Evaluation Specialist
References
4
Case No. MISSING
Regular Panel Decision

Civil Service Employees Ass'n v. New York State Department of Parks, Recreation & Historic Preservation

Plaintiffs Civil Service Employees Association, Inc. (CSEA), Hatti Langsford, and Krystal Bullock initiated this action against the New York State Office of Parks, Recreation and Historic Preservation (OPRHP), alleging gender discrimination and unlawful retaliation under Title VII. The claims stem from alleged discriminatory practices and a hostile work environment created by their supervisor, Michael Krish, which ultimately led to the constructive discharge of Langsford and Bullock. The court denied the plaintiffs' motion for partial summary judgment. While granting OPRHP's cross-motion for summary judgment to dismiss CSEA due to lack of standing, the court denied the remainder of OPRHP's motion, finding sufficient genuine issues of material fact regarding Langsford and Bullock's hostile work environment and retaliation claims to proceed to trial.

Title VIIGender DiscriminationHostile Work EnvironmentRetaliationSummary JudgmentAssociational StandingConstructive DischargeEmployment LawSupervisor MisconductEEOC Investigation
References
38
Case No. MISSING
Regular Panel Decision

Friends of Square v. Sadik-Khan

The petitioners initiated an Article 78 proceeding challenging the decision by the New York City Department of Transportation, New York City Department of Parks and Recreation, and the City of New York to install a bike share station in Lieutenant Joseph Petrosino Square Park. They contended that the installation violated the public trust doctrine and that the decision was arbitrary and capricious. The court determined that while the park is impliedly dedicated parkland, the bike share station serves a proper park purpose. Furthermore, the court found that the respondents' decision to site the station was rational, based on technical considerations and public input, and was not arbitrary or capricious. Consequently, the petition was denied and dismissed in its entirety.

Public Trust DoctrineParkland UseBike Share StationsArticle 78 PetitionAdministrative ReviewMunicipal PlanningUrban DevelopmentNew York LawEnvironmental PolicyCommunity Engagement
References
15
Case No. MISSING
Regular Panel Decision

Steen v. Governor's Office of Employee Relations

Petitioners, employed as Recreation Workers and Therapists at Pilgrim Psychiatric Center, were assigned new duties as "Treatment Plan Coordinators" under the "Buffalo Model" program. These new responsibilities included transcribing patient information, conducting patient interviews, entering data into worksheets, and performing 90-day progress reviews. Believing these tasks constituted out-of-title work typically performed by higher-grade Treatment Team Leaders, petitioners filed administrative grievances, which were consistently denied by the Governor's Office of Employee Relations. Subsequently, petitioners commenced a CPLR article 78 proceeding, but the Supreme Court dismissed their application, upholding the administrative determination. On appeal, the higher court found no rational basis for the administrative conclusion that the duties were a logical extension of petitioners' original roles, determining that the work was indeed out-of-title. Consequently, the judgment of the Supreme Court was reversed, the administrative determination annulled, and the petition granted.

Out-of-title workGrievancePosition classificationAdministrative determinationJudicial reviewAlbany CountyState Office of Mental HealthPilgrim Psychiatric CenterTreatment Plan CoordinatorsRecreation Worker
References
3
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