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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

Greece Support Service Employees Ass'n v. Public Employment Relations Board

This case concerns an appeal regarding the proper application of Civil Service Law § 209-a (1) (e) to salary provisions in an expired collective bargaining agreement between an unnamed petitioner and the Greece Central School District. The agreement, from July 1992 to June 1995, included cost-of-living adjustments for salary schedules during its term. After the agreement expired, the District continued existing salary schedules but ceased further cost-of-living adjustments for 1995-1996, prompting the petitioner to file an improper practice charge. The Public Employment Relations Board (PERB) reversed an Administrative Law Judge's decision, concluding that the agreement did not mandate continued cost-of-living adjustments post-expiration. The Supreme Court dismissed the petitioner's subsequent CPLR article 78 petition seeking annulment of PERB's determination. The Appellate Division affirmed the Supreme Court's judgment, deferring to PERB's expertise and finding its interpretation that the adjustments were limited to the agreement's term to be reasonable and legally permissible.

Collective Bargaining AgreementSalary AdjustmentCost-of-Living AdjustmentPublic EmployerImproper Practice ChargeCivil Service LawPublic Employment Relations BoardJudicial ReviewCPLR Article 78Statutory Interpretation
References
6
Case No. 09-04-477 CV
Regular Panel Decision
Oct 20, 2005

James Vandevender v. Honorable G. Mitch Woods, in His Official Capacity as Sheriff of Jefferson County, Texas and Jefferson County, Texas

James VanDevender, a deputy sheriff, appealed a trial court's decision regarding his entitlement to full salary continuation after an on-the-job injury. He argued that Article III, Section 52e of the Texas Constitution, which authorizes counties to pay injured law enforcement officials, should be interpreted to allow salary payments beyond the expiration of a sheriff's term if the deputy is re-deputized and the disability continues into a subsequent term. The trial court had ruled that his benefits ceased with the end of the sheriff's initial term. The Court of Appeals affirmed the trial court's judgment, holding that the plain language of Article III, Section 52e clearly states that salary payments 'shall cease on the expiration of the term of office to which such official was elected or appointed,' and this limitation applies even if the deputy is rehired for additional terms.

Public Official InjurySalary ContinuationConstitutional LawGovernment EmploymentWorkers' Compensation BenefitsTerm LimitsJudicial ReviewTexas Court of AppealsDeputy SheriffJefferson County
References
9
Case No. 2018 NY Slip Op 04944 [162 AD3d 1777]
Regular Panel Decision
Jun 29, 2018

Matter of Town of Tonawanda (Town of Tonawanda Salaried Workers Assn.)

This case involves an arbitration matter between the Town of Tonawanda, as Respondent, and the Town of Tonawanda Salaried Workers Association, as Appellants. The Appellants' motion for leave to appeal to the Court of Appeals was denied by the Appellate Division, Fourth Department. The decision was rendered on June 29, 2018.

ArbitrationMotion to appealLeave to appealDenialAppellate practiceLabor lawPublic employmentCollective bargainingFourth DepartmentCourt of Appeals (denied)
References
2
Case No. MISSING
Regular Panel Decision

Local 323 v. International Union of Electronic, Electrical, Salaried, MacHine & Furniture Workers

Plaintiffs, Local 323 and its officers, initiated a lawsuit against the International Union of Electronic, Electrical, Salaried, Machine and Furniture Workers (IUE). They alleged that the IUE unlawfully denied Local 323's right to disaffiliate, claiming the IUE amended its constitution to obstruct disaffiliation and breached its own rules in denying their application. Plaintiffs sought judicial enforcement of disaffiliation, retention of assets, an injunction, and damages. The defendant moved to dismiss the complaint, asserting various defenses, including the plaintiffs' failure to exhaust internal union remedies. The court ultimately granted the defendant's motion, concluding that Local 323 had not exhausted its available administrative remedies within the union, a prerequisite for pursuing the claims in federal court, given the internal nature of the dispute.

Union DisaffiliationLabor LawLMRALMRDAExhaustion of Administrative RemediesInternal Union DisputeMotion to DismissBreach of ContractFederal Court JurisdictionUnion Constitution
References
14
Case No. ADJ3875296 (SRO 0140946)
Regular
Sep 28, 2009

Corey Murphy vs. BLUE MOUNTAIN AIR, LIBERTY MUTUAL INSURANCE COMPANY

This case concerns whether employer salary continuation payments count towards the two-year temporary disability cap under Labor Code section 4656(c). The Appeals Board granted reconsideration because the record was incomplete regarding the nature of the salary continuation. Specifically, the Board requires further development of evidence to determine if these payments were made under a collective bargaining agreement or formal company policy. The matter is returned to the trial level for these determinations and a new decision.

Temporary DisabilityLabor Code section 4656(c)Salary ContinuationPetition for ReconsiderationFindings and AwardIndustrial InjuryStaph InfectionRight Lower ExtremityCollective Bargaining AgreementFormal Company Policy
References
0
Case No. ADJ9126761
Regular
Jul 28, 2014

Jennifer James vs. CITY OF SANTA ROSA, Permissibly Self-Insured, Administered by REDWOOD EMPIRE MUNICIPAL INSURANCE FUND

This case concerns Jennifer James, a police officer injured on duty, who sought additional benefits under Labor Code Section 4850. The core dispute is whether Section 4850 benefits, providing a leave of absence without loss of salary for up to one year, should be paid for a calendar year or until the equivalent of a full year's salary has been received. The majority affirmed the WCJ's decision, ruling that the one-year limitation is based on the duration of payments, not the total salary amount. A dissenting opinion argued that the intent of Section 4850 is to ensure no loss of salary, thus allowing benefits to continue until the equivalent of a full year's salary is paid, especially for injured public safety officers.

Labor Code section 4850temporary partial disabilitymodified dutiespolice officerwage loss benefitssalary continuationaggregate disability paymentsEason v. City of RiversideKosowski v. Workers' Comp. Appeals Bd.County of Alameda v. Workers' Comp. Appeals Bd.
References
10
Case No. 2-01-024-CV
Regular Panel Decision
Jan 30, 2003

Tarrant County v. Steven Van Sickle

Tarrant County appealed a trial court's judgment granting former deputy sheriff Steven Van Sickle a permanent mandatory injunction, mandating continued salary payments until retirement, along with back pay and attorney's fees. Van Sickle was injured on duty in 1994 and was medically unable to return to work, leading to the county discontinuing his salary at the end of the sheriff's term. The appellate court reversed the trial court's decision, ruling that there was no evidence Van Sickle had a constitutionally protected property interest in continued employment. The court concluded that his employment rightfully ended on March 31, 1997, after a 90-day leave. Furthermore, the court found insufficient evidence for the awarded back pay and attorney's fees, ultimately rendering judgment in favor of Tarrant County.

Employment TerminationDue ProcessSheriff's DeputyTexas Constitutional LawLocal Government LawAt-Will EmploymentCivil ServiceProperty RightsPermanent InjunctionBack Pay Dispute
References
26
Case No. MISSING
Regular Panel Decision
Apr 20, 1992

Town of Newburgh v. Civil Service Employees Ass'n

This case involves an appeal concerning an arbitration award related to a collective bargaining agreement. The petitioner sought to vacate an arbitrator's award that mandated salary increases for incumbent typist employees to match a new hire's salary rate. The respondent, Civil Service Employees Association, cross-petitioned to confirm the award. The Supreme Court denied the petition and confirmed the award. On appeal, the judgment was modified; the appellate court vacated the portion of the arbitration award concerning the specific salary increase and remitted the matter to the arbitrator. The court affirmed that the timeliness of a grievance is an arbitrator's domain but found the arbitrator exceeded authority by fashioning a remedy outside the collective bargaining agreement's explicit limitations. The case was remitted for a modified award consistent with the agreement's terms.

Arbitration AwardCollective Bargaining AgreementSalary DisputeExceeding AuthorityProcedural TimelinessJudicial ReviewContractual LimitationsGrievance ProcedureTypist SalariesAppellate Review
References
14
Case No. MISSING
Regular Panel Decision

VanDevender v. Woods

James VanDevender, a deputy sheriff, filed a declaratory judgment action alleging appellees failed to pay his full salary during a second term after an on-the-job injury. He argued that Article III, Section 52e of the Texas Constitution, which authorizes counties to pay salaries during incapacity, should be liberally construed to extend payments into a second term if the disability continued and he was re-deputized. The trial court ruled against VanDevender, stating his entitlement to benefits ended with the first term. The appellate court affirmed, interpreting the constitutional provision to mean salary payments cease at the expiration of the original term of appointment, regardless of re-appointment. The court emphasized giving effect to the plain meaning of the constitutional clause.

Declaratory JudgmentDeputy Sheriff SalaryOn-the-job InjuryConstitutional InterpretationTexas Constitution Article III Section 52eWorkers' Compensation BenefitsTerm of OfficeIncapacity PaymentsReappointmentAppellate Review
References
11
Case No. NO. 09-08-00377-CV
Regular Panel Decision
Aug 31, 2009

Honorable G. Mitch Woods, in His Official Capacity as Sheriff of Jefferson County, Texas and Jefferson County, Texas v. James Vandevender

James VanDevender, a former Jefferson County deputy sheriff, filed suit against Jefferson County Sheriff G. Mitch Woods and Jefferson County, Texas, after his full salary benefit was stopped. The cessation of benefits was due to an injury sustained in the course of his official duties during a prior term of office, with incapacity extending into a subsequent re-appointed term. The trial court issued a declaratory judgment, finding that article III, section 52e of the Texas Constitution entitled VanDevender to receive his full salary benefit during the period of incapacity. The Court of Appeals affirmed the trial court's judgment, concluding that the constitutional provision does not bar salary continuation benefits for an incapacity that extends into another re-appointed term of office, and that the court was not bound by its vacated prior opinion.

Workers' CompensationPublic FundsConstitutional InterpretationLaw of the Case DoctrineSalary ContinuationDeputy SheriffOfficial DutiesIncapacity BenefitsTexas ConstitutionTerm of Office
References
28
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