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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

Claim of Clohesy v. Consolidated Edison Co.

Claimant, a utility company employee, filed three workers’ compensation claims between 1979 and 1997 for back/neck injuries and asbestosis. He resigned in December 1999, which the employer contended was a voluntary withdrawal from the labor market. A Workers’ Compensation Law Judge disagreed, but the Workers’ Compensation Board reversed, finding the retirement voluntary. Claimant appealed this Board decision. The Appellate Division found the Board’s decision was not supported by substantial evidence, noting the claimant had legitimate medical ailments interfering with his duties, and the Board unduly emphasized the lack of explicit medical advice to retire. The court reversed the Board's decision and remitted the matter for further proceedings.

Voluntary withdrawal from labor marketWorkers' Compensation benefitsPermanent partial disabilityAsbestosis diagnosisMotor vehicle accident claimsMedical evidenceSubstantial evidence reviewAppellate reviewRemittalDisability contributing to retirement
References
7
Case No. MISSING
Regular Panel Decision

Pope v. City of Dallas

Bobby W. Pope, an Assistant Chief of Police for the City of Dallas, was demoted and subsequently resigned, which led to the forfeiture of his right to an administrative appeal before the City Trial Board. He sued the City of Dallas for reinstatement and benefits, but the trial court dismissed his suit, citing a lack of jurisdiction due to unexhausted administrative remedies. On appeal, the court affirmed the dismissal, agreeing that Pope's voluntary resignation waived his right to administrative review, thus precluding judicial intervention. Although the appellate court found the trial court erred in its jurisdictional reasoning, it concluded that Pope's petition lacked facts entitling him to relief, rendering the lower court's error harmless. The decision highlights that public employees do not possess a vested property right in a specific rank, and voluntary resignation can waive appeal rights.

DemotionPolice OfficerResignationAdministrative RemediesJurisdictionDue ProcessMootness DoctrineCollateral ConsequencesPublic EmploymentJudicial Review
References
14
Case No. W2018-00840-SC-WCM-WC
Regular Panel Decision
Oct 16, 2019

Deborah L. Bain v. UTI Integrated Logistics LLC

Deborah Bain, a shuttle truck driver, suffered compensable injuries to her right shoulder and wrist in August 2010, followed by a left shoulder injury in January 2013. The trial court found that Bain was not permanently and totally disabled, applied a 1.5 times cap on her disability benefits due to voluntary resignation, assigned a 6% medical impairment rating for the 2013 injury, and held Employer not responsible for expenses related to treatment sought independently. Bain appealed these rulings, while Employer appealed the award of further temporary total disability benefits. The Special Workers’ Compensation Appeals Panel affirmed the trial court's judgment, concluding that the evidence did not preponderate against the finding of no permanent total disability and that the statutory caps applied due to Bain's voluntary resignation without seeking employer accommodation. The panel also upheld the 6% impairment rating and the denial of unauthorized medical expenses, while affirming the award of temporary total disability benefits for the period between Bain's left shoulder surgery and her resignation.

Workers' Compensation AppealShoulder InjuryWrist InjuryPermanent Partial DisabilityTemporary Total DisabilityMedical ImpairmentVoluntary ResignationMeaningful Return to WorkUnauthorized Medical TreatmentIndependent Medical Examination
References
13
Case No. MISSING
Regular Panel Decision

League of Voluntary Hospitals & Homes v. Local 1199, Drug, Hospital & Health Care Workers Union

The court addresses an application for a preliminary injunction against Local 1199, a union planning a three-day strike. The League of Voluntary Hospitals and Homes of N. Y. sought the injunction following a previous temporary restraining order concerning a one-day strike. The union argued that each planned strike required a new legal proceeding, but the court deemed the strikes "episodic and organically connected." Citing concerns about blocked ingress/egress to hospitals and the union president's threats to "shut down" facilities, the judge found a preliminary injunction necessary under Labor Law § 807 to protect public health and safety. The injunction restrains the union from unlawfully interfering with hospital operations, blocking access, and picketing within certain distances of hospital entrances and emergency rooms.

Labor DisputePreliminary InjunctionStrike ActionUnion ActivityHospital AccessPicketing RegulationsCollective BargainingCivil Disobedience ThreatPublic Health and SafetyIngress Egress Interference
References
1
Case No. MISSING
Regular Panel Decision

Brotherhood of Railway Carmen v. Atchison, Topeka & Santa Fe Railway Co.

The plaintiffs, six unions representing employees of Atchison, Topeka & Santa Fe Railway Company, filed an action seeking declaratory and injunctive relief against the defendant's 'Voluntary Resignation Program.' Plaintiffs alleged violations of the Railway Labor Act (RLA) due to direct bargaining with employees and unilateral changes to collective bargaining agreements. Defendant argued the dispute was 'minor,' falling under the exclusive jurisdiction of the National Railway Arbitration Board (NRAB), as it involved the interpretation or application of an existing contract or past practices. The court determined the dispute was 'minor' because the defendant's claim of past practices regarding voluntary resignation programs was nonfrivolous, placing it within the NRAB's exclusive jurisdiction. Consequently, the court granted the defendant's motion for summary judgment and denied the plaintiffs' motion.

Railway Labor ActCollective BargainingSummary JudgmentVoluntary Resignation ProgramNational Railway Arbitration BoardMajor DisputeMinor DisputeFederal JurisdictionUnion RightsEmployer Practices
References
4
Case No. MISSING
Regular Panel Decision

Claim of Ickes v. Sayville Animal Hospital

Claimant, a veterinary technician, suffered a work-related injury and received workers' compensation benefits. The carrier sought to suspend payments due to the claimant's failure to provide a work status affidavit. At a hearing, the carrier introduced the issue of voluntary withdrawal from the labor market without prior notice to the claimant, which the WCLJ promptly dismissed. Despite the WCLJ's ruling, the Workers' Compensation Board later modified the decision, finding voluntary withdrawal and rescinding benefits. On appeal, the court reversed the Board's rescission of benefits, ruling that the claimant was denied due process as she had no notice or opportunity to address the voluntary withdrawal issue. The case was remitted to the Board for further proceedings consistent with the court's decision.

Workers' CompensationLabor Market WithdrawalDue ProcessNotice of IssueAppellate ReviewRemandBenefit SuspensionAdministrative LawWorkers' Compensation BoardJudicial Modification
References
4
Case No. MISSING
Regular Panel Decision

In re the Estate of Toribio

The case involves an uncontested proceeding for an administrator to resign and for a successor to be appointed. The initial administrator, Jennifer, wishes to resign from her role in the estate of her three-year-old sister, Jannin, who died tragically. She requests the court appoint their father, Domingo Toribio, as the new administrator. The primary legal question addressed by Surrogate Kristin Booth Glen is whether Mr. Toribio, who only speaks, reads, and writes in Spanish, is qualified to serve as a fiduciary under SCPA 707 (2), which allows a court discretion to declare a person unable to read and write English ineligible. The court examines the legislative intent, relevant case law, and societal changes regarding disability and non-English-speaking populations, particularly in New York City. The opinion concludes that English language competence should not be a prerequisite for fiduciary status unless no reasonable accommodations are possible, and grants the application for Jennifer's resignation and Domingo Toribio's appointment, noting he and his counsel have established satisfactory communication.

Estate AdministrationSurrogate's CourtFiduciary AppointmentLanguage BarrierEnglish ProficiencySCPA 707 (2)Multilingual SocietyJudicial DiscretionCivil RightsAccess to Justice
References
12
Case No. ADJ7298811
Regular
Dec 21, 2012

JONATHAN WYCINSKY vs. CITY OF CITRUS HEIGHTS, Permissibly Self-Insured, Adjusted by YORK RISK SERVICES GROUP, INC.

Here's a concise summary for a lawyer: Applicant, a police officer, sustained an industrial shoulder injury and was initially paid full salary under Labor Code § 4850. He later voluntarily resigned for financial reasons unrelated to his injury to accept a position with another city. The Board found that a voluntary, non-medical resignation terminates the employment relationship required for a § 4850 leave of absence. Therefore, the defendant is not liable for continued full salary payments post-resignation, despite the applicant remaining employed as a police officer elsewhere.

Labor Code section 4850police officervoluntary resignationnonmedical reasonsleave of absencefull salarytemporary disabilityindustrial injurytermination of employmentCity of Citrus Heights
References
5
Case No. MISSING
Regular Panel Decision

Redd v. Texas Employment Commission

Stella M. Redd, a former employee of Southwestern Bell Telephone Company, was compulsorily retired at age 65 and subsequently filed for unemployment benefits with the Texas Employment Commission. Her claim was initially denied on the grounds of voluntary resignation without good cause and later for ineligibility due to failing to actively seek work. The Commission and trial court affirmed these decisions. This appellate court reversed the finding of voluntary leaving, holding that compulsory retirement is not voluntary in the statutory sense. However, the court upheld the Commission's finding that Redd was ineligible for benefits because she failed to demonstrate active and diligent efforts to secure new employment, thereby not being "available for work" as required by law.

Unemployment CompensationCompulsory RetirementVoluntary TerminationEligibility for BenefitsAvailability for WorkCollective BargainingPension PlansStatutory InterpretationAdministrative LawSubstantial Evidence
References
38
Case No. 2016-06-0194
Regular Panel Decision
Sep 06, 2017

Coker, Alyce v. Fleetwood Homes, Inc.

Alyce Coker, a customer service representative for Fleetwood Homes, sustained a compression fracture of her L1 vertebrae in April 2015 due to a fall. Dr. M. Robert Weiss assigned her a 12% permanent impairment. The parties initially settled permanent partial disability benefits, but Ms. Coker sought increased benefits after resigning two days after returning to work due to pain from climbing stairs. The central legal issue was whether her resignation was voluntary, precluding increased benefits under Tennessee Code Annotated section 50-6-207(3)(D). The Court found Ms. Coker voluntarily resigned, as her work injury did not medically prevent stair climbing, and her subjective pain was not a sufficient basis for increased benefits. Consequently, her claim for increased permanent partial disability benefits was denied, and the case was dismissed with prejudice.

Permanent Partial Disability BenefitsVoluntary ResignationReturn to WorkStair Climbing RestrictionCompression FractureL1 Vertebrae InjuryMedical RestrictionsSubjective PainDeconditioningWorkers' Compensation Claims
References
2
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