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

Case No. 2022-03-0885
Regular Panel Decision
Jan 05, 2026

Anderson,Bennie v. City of Knoxville Department of Recreation

Bennie Anderson, an employee of the City of Knoxville Department of Recreation, sustained work-related injuries after a slip and fall. Although the employer accepted compensability and provided initial medical care, Anderson sought unauthorized treatment for conditions he claimed were related to the accident. The trial court denied his request for additional medical and temporary disability benefits, ruling he was unlikely to prove entitlement given he had reached maximum medical improvement (MMI) by authorized physicians. On appeal, the Tennessee Workers’ Compensation Appeals Board affirmed this decision, citing the employee's failure to present expert medical evidence supporting his claims and the absence of a proper appellate record. The Board emphasized that an employee's lay testimony alone is insufficient to establish medical causation for benefits.

Workers' CompensationMedical TreatmentTemporary Disability BenefitsMaximum Medical ImprovementImpairment RatingAppellate ReviewExpert Medical TestimonyCausationSlip and FallOrthopedic Injury
References
7
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. 2020 NY Slip Op 02083 [181 AD3d 949]
Regular Panel Decision
Mar 25, 2020

Klingsberg v. Council of Sch. Supervisors & Adm'rs-Local 1

The plaintiff, Joan Klingsberg, a tenured principal, was removed from her payroll by the New York City Department of Education (DOE) due to financial improprieties. She was represented by Charity Guerra, a staff attorney from her union, the Council of School Supervisors and Administrators-Local 1 (CSA), during disciplinary proceedings. After it was revealed Guerra sought a position with the DOE, Klingsberg declined a new attorney and represented herself. Although the arbitrator upheld termination, the DOE Chancellor overturned it, imposing a six-month suspension and returning Klingsberg to a non-administrative teaching position with back pay, followed by a $200,000 settlement. Klingsberg later sued Guerra for legal malpractice and violation of Judiciary Law § 487, alleging a conflict of interest. The Supreme Court granted Guerra's motion to dismiss, finding the action preempted by federal law and barred by a prior release agreement.

Legal MalpracticeJudiciary Law § 487Federal Labor Management Relations ActPreemptionCollective BargainingConflict of InterestRelease AgreementMotion to DismissAppellate DivisionQueens County
References
5
Case No. MISSING
Regular Panel Decision

Council of School Supervisors & Administrators, Local 1 v. New York City Department of Education

The Council of School Supervisors and Administrators (CSA) challenged the City's plan to reduce parking permits for school employees, arguing it violated their collective bargaining agreement. An arbitrator initially sided with CSA, directing the reinstatement of permits. However, the Supreme Court's decision to confirm this award was deemed erroneous by the appellate court. The appellate court found the arbitration award violated public policy, was irrational, and exceeded the arbitrator's authority because the power to issue on-street parking permits lies exclusively with the City's Department of Transportation (DOT), not the Department of Education (DOE). The court emphasized that the award essentially transferred DOT's regulatory authority to DOE and undermined the city's objectives to reduce congestion and pollution. Consequently, the arbitration award was vacated.

Labor disputeParking permitsCollective bargaining agreementArbitration awardPublic policy violationAdministrative lawMunicipal authorityTraffic regulationDepartment of TransportationDepartment of Education
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

Romaine v. New York City Transit Authority

Petitioners, Local 106 Transport Workers Union and Richard LaManna, initiated a proceeding to prevent the New York City Transit Authority (NYCTA) from mandating track safety training for property protection supervisors. The Supreme Court, Kings County, denied the petition, citing the petitioners' failure to exhaust administrative remedies and asserted Public Employment Relations Board (PERB) jurisdiction over improper labor practice claims. The appellate court reversed this judgment, ruling that the existing collective bargaining agreement was solely between the Union and the nonparty Manhattan and Bronx Surface Transit Operating Authority (MABSTOA), not the NYCTA, making its grievance procedures inapplicable to the NYCTA. Furthermore, the court found that PERB lacked jurisdiction because the NYCTA was not the employer of the supervisors. Consequently, the petition was granted, prohibiting the NYCTA from enforcing mandatory track safety training.

Labor LawCollective Bargaining AgreementAdministrative RemediesPublic Employment Relations BoardProhibition ProceedingTrack Safety TrainingProperty Protection SupervisorsManhattan and Bronx Surface Transit Operating AuthorityNew York City Transit AuthorityExhaustion Doctrine
References
4
Case No. 52 Misc 2d 670
Regular Panel Decision
Feb 24, 1967

Freedman v. Suffolk County Board of Supervisors

This case involves a CPLR article 78 proceeding challenging the dismissal of a petition by the Supreme Court, Suffolk County. The petitioners, case workers, sought compliance with section 79-a of the Social Services Law, which provides a percentage increase for employees with graduate training. The appellate court reversed the lower court's decision, denying the motion to dismiss and ruling that section 79-a is constitutional. The court found that the provision does not violate civil service or home rule provisions of the State Constitution, considering it a valid incentive to attract trained personnel and improve social services.

Social Services LawGraduate Training DifferentialCivil Service LawHome Rule ProvisionConstitutional LawPublic WelfareEmployee CompensationCase WorkersStatutory InterpretationAppellate Review
References
6
Case No. MISSING
Regular Panel Decision

Imbriani v. Board of Supervisors

This suit, initiated in the Supreme Court of the State of New York and removed to the District Court, challenged Local Law No. 6 of 1982 of the County of Sullivan. This law established a system of weighted voting for Town Supervisors in the county legislature. The plaintiff argued that the law violated both state and federal equal protection principles, alleging disenfranchisement. The District Court granted the defendant's motion to dismiss the federal equal protection claims, referencing its prior decision in Haas v. County of Sullivan, which had upheld Local Law No. 6 against similar constitutional challenges. The Court also dismissed the plaintiff's state law claims, finding no substantial issue under New York law to support the allegations.

Weighted VotingLocal Law ChallengeEqual ProtectionFederal Claims DismissedState Claims DismissedCounty GovernmentSullivan CountyNew York ConstitutionJudicial DiscretionBicameral Legislature
References
9
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
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