Selected items posted on the Internet during the week ending August 21, 2026 and reported by NYPPL pro bono which may be of interest to readers

New York Health Policy Monitor Published by I.H. Michaels, LLC, an independent health policy and data analytics practice is informational and does not constitute legal or policy advice. For questions, pricing for organizations, or data services inquiries, contact: info@ihmichaelsllc.com

Houston adopted a new law clarifying landlords’ obligation to provide air conditioning in rental units. Many jurisdictions have no such rules, raising concerns about health and safety as the planet warms. Read More

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Improving Emergency Response with Modern Cellular Networks This e-book features real-world examples from police, fire, EMS, and 911 agencies that have strengthened connectivity across vehicles, stations, and temporary command sites. DOWNLOAD 

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Appellate Division finds employment agreement did not provide for certain health insurance premium payment claimed by retiree

Plaintiff, the school district's former District Superintendent, and the School District [District] had entered into an employment agreement pursuant to which Plaintiff was hired as the District's superintendent. 

As relevant in the instant litigation, the employment agreement provided that Plaintiff and her qualified dependents "shall be eligible, during retirement, for continuing health, dental and vision insurance coverages under the plan(s) available through the District" and that the District "will pay one hundred percent (100%) of the premiums of such coverage."

Upon her retirement in 2017, Plaintiff obtained retiree health insurance through the District's plan. Several years later, Plaintiff applied for Medicare Part B—an insurance plan not available through the District—and paid premiums for that coverage. Plaintiff then asked District for reimbursement for the Medicare premiums she had paid. 

The District denied Plaintiff's request on the ground that the District's plan did not allow individuals who received 100% of the retiree health coverage paid for by the District to receive reimbursement for Medicare Part B premiums. 

Claiming "breach of contract", Plaintiff commenced the instant action seeking reimbursement of Medicare premiums paid by Plaintiff and a declaration that the District was required to pay such premiums for her and her qualified dependents'. Supreme Court granted District's motion for summary judgment dismissing the complaint and  Plaintiff appealed.

The Appellate Division said that the District met its initial burden on the motion inasmuch as it had submitted the employment agreement, Plaintiff's deposition testimony, the District's policy documents, and its health plan documents ... all of which established that the employment agreement did not require the District to reimburse Plaintiff for the premiums for Medicare Part B, which was not an insurance plan offered by the District. 

The Appellate Division's decision noted that the agreement provided that Plaintiff was entitled to "continuing health, dental and vision insurance coverages under the plan(s) available through the District" but Plaintiff sought "reimbursement for premiums under a Medicare plan not provided through the District". 

Accordingly, the Appellate Division held that Plaintiff was not entitled to reimbursement of the premiums for the Medicare Part B coverage Plaintiff had purchased.

Click HERE to access the Appellate Division's decision posted on the Internet.

Claimant denied unemployment insurance benefits after failing to obtain the COVID-19 vaccine

The Workers' Compensation Benefits Appeals Board's found that Claimant for unemployment insurance benefits was disqualified from receiving such insurance benefits "because she voluntarily left her employment without good  cause" by failing to obtain the COVID-19 vaccine as required by her employer, the New York State Unified Court System.

The text of the Appellate Division's ruling sustaining the decision of the Workers' Compensation Appeals Board is set out below:

In the Matter of the Claim of Roxalana T. Jordan, Appellant. 

Commissioner of Labor, Respondent.

Decided and Entered: July 9, 2026

CV-24-0840

Calendar Date: May 27, 2026

Before: Aarons, J.P., Pritzker, Ceresia, Fisher And Mcshan, JJ.

Roxalana T. Jordan, Brooklyn, appellant pro se.

Letitia James, Attorney General, New York City (Dennis A. Rambaud of counsel), for respondent.

Aarons, J.P.

Appeal from a decision of the Unemployment Insurance Appeal Board, filed October 12, 2023, which ruled, among other things, that claimant was disqualified from receiving unemployment insurance benefits because she voluntarily left her employment without good  cause.

In September 2021, claimant was notified by her employer, the Unified Court System, that all judges and nonjudicial personnel were required to obtain a COVID-19 vaccine by September 27, 2021 in order to continue employment, unless otherwise approved for an exemption due to a medical reason or sincerely held religious belief. Claimant submitted a written religious exemption request seeking to be exempt from the vaccination requirement, which request the employer denied. Claimant thereafter submitted a medical exemption request, which request was also denied. In addition, claimant submitted an amended religious exemption request, which was not considered by the employer. Claimant's employment was ultimately terminated for failure to obtain the COVID-19 vaccine, prompting her to apply for unemployment insurance benefits.

The Department of Labor, as is relevant here, issued an initial determination finding that claimant was disqualified from receiving unemployment insurance benefits because she voluntarily left her employment without good cause. Following various hearings, an Administrative Law Judge sustained that determination, and that decision was affirmed by the Unemployment Insurance Appeal Board in a decision filed October 12, 2023. Claimant appeals.

We affirm. "Whether a claimant has good cause to leave employment, and whether their conduct is motivated by a sincerely held religious belief, are factual issues for the Board to resolve, and its determination will be upheld if supported by substantial evidence" (Matter of Gardner [Commissioner of Labor], 238 AD3d 1464, 1465-1466 [3d Dept 2025] [citations omitted]; see Matter of Palmieri [Commissioner of Labor], 243 AD3d 970, 971-972 [3d Dept 2025]; Matter of Salloum [Commissioner of Labor], 238 AD3d 1394, 1396 [3d Dept 2025]; see also Frazee v Illinois Dept. of Employment Sec., 489 US 829, 833 [1989]). In her initial written religious exemption request, claimant stated, "In God We Trust. My religious beliefs and practices do[ ] not require or mandate or force[ ] the use of legal or illegal drugs." At the hearing, claimant explained that her religion — one she declined to disclose — believes in "self-autonomy of the body" and not being forced to take illegal or legal drugs. Claimant acknowledged, however, that her religion does not prohibit her from being vaccinated but, rather, it is her choice whether to be vaccinated. Claimant further testified that she amended her religious exemption request once her initial request was denied, asserting a generalized concern about the content of the vaccine. No further information about her religious beliefs or tenets of her undisclosed religion was provided.

Regarding her request for a medical exemption, claimant failed to provide any requisite documentation from any medical health professional, asserting only that the COVID-19 vaccine is contraindicated and ill-advised based upon "recent conversations with [her] medical professionals" given her "current heath condition and status" — a medical condition she deemed unnecessary to disclose. Given the vague and generalized information in support of her religious and medical exemption requests, and deferring to the Board's credibility assessments, the record supports the Board's findings that claimant did not establish that her refusal to comply with the employer's COVID-19 vaccine mandate was rooted in a sincerely held religious belief but, rather, was based on personal and secular reasons (see Matter of Tandian [Commissioner of Labor], 239 AD3d 1105, 1106-1107 [3d Dept 2025], lv denied 44 NY3d 910 [2026]; Matter of Gardner [Commissioner of Labor], 238 AD3d at 1466; Matter of Ocasio [City Sch. Dist. of the City of N.Y.-Commissioner of Labor], 237 AD3d 1412, 1415-1416 [3d Dept 2025], lv denied 44 NY3d 906 [2025]) and, further, that there was insufficient medical information to assess the basis or validity for the requested medical exemption (see Matter of Smith [Roswell Park Cancer Inst. Corp.-Commissioner of Labor], 227 AD3d 1344, 1346-1347 [3d Dept 2024]). Accordingly, substantial evidence supports the Board's decision that claimant voluntarily left her employment without good cause (see Matter of Des Abbayes [Commissioner of Labor], 239 AD3d 1199, 1200-1201 [3d Dept 2025]; Matter of Cosma [Memorial Sloan Kettering Cancer Ctr.-Commissioner of Labor], 236 AD3d 1121, 1123-1124 [3d Dept 2025]). Claimant's remaining contentions are either not properly raised in this proceeding or are without merit.

Pritzker, Ceresia, Fisher and McShan, JJ., concur.

ORDERED that the decision is affirmed, without costs.

New York State Workers’ Comp 202 – Best Practices to Access Benefits for Workers

The New York State Workers' Compensation Board continues its webinar series for workers and their advocates, and there is still time to register!

Workers’ Comp 202 is a deeper dive into best practices workers can use to access their workers’ compensation benefits. This presentation will cover:

• understanding labor market attachment,
• details on benefit periods and how benefit rates are calculated,
• the importance of items such as the degree of disability and the Carrier Continue Payments (CCP) order,
• how advocates can help workers and comply with privacy provisions,
• The Board’s New York Medical Treatment Guidelines, and more!

The sessions are free and there will be time for your questions.

Register here

Thursday, August 27, 2026
12:00 p.m. – 1:30 p.m.

Tuesday, September 29, 2026
12:00 p.m. – 1:30 p.m.

More information

Visit the Advocate for Injured Workers section of the Board’s website for additional resources.

You can also call the Advocate for Injured Workers at (877) 632-4996 or email advinjwkr@wcb.ny.gov.

Having trouble?

If you are having trouble registering for or attending either of these webinars, check out these Webinar FAQs.

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2026 Conference 

Don't miss the Board's conference on October 16, 2026. 

This full-day program is open to anyone with a professional interest in workers' compensation and will provide multiple Continuing Legal Education (CLE) and Continuing Medical Education (CME) credit-bearing opportunities. 

Register today! 

Evaluating conflicting medical evidence and the credibility of witnesses in determining the eligibility of an applicant for General Municipal Law §207-a (2) disability retirement

Plaintiff, a retired firefighter, challenged his former employer's [City] determination which denied Plaintiff application for accidental disability retirement benefits pursuant to General Municipal Law §207-a (2).

At the hearing held prior to the City issuing its decision, Plaintiff presented evidence that he was involved in an on-duty motor vehicle accident while he was driving a City fire truck. and that he suffered neck and right shoulder injuries that rendered him physically unable to return to work as a firefighter. 

Although City did not dispute Plaintiff claim that Plaintiff was permanently disabled, the City's examining physician testified that Plaintiff's prior medical history indicated that his injuries began before the date of motor vehicle accident Plaintiff contended was the cause of his disability. 

The Hearing Officer found both Plaintiff's physician's and the City's physician's testimony to be credible. However the Hearing Officer said the opinion of the City's expert was more persuasive in light of the City's physician's review of Plaintiff's pre-accident medical history in contrast the absence of testimony by Plaintiff's physician's concerning Plaintiff's "pre-accident medical history". 

The Appellate Division found "The Hearing Officer 'was entitled to weigh the parties' conflicting medical evidence and to assess the credibility of the witnesses, and [w]e may not weigh the evidence or reject [the Hearing Officer's] choice where the evidence is conflicting and room for a choice exists". 

The Appellate Division unanimously confirmed the City's decision and dismissed Plaintiff's petition.

Click HERE to access the Appellate Division's decision posted on the Internet.

New York State's medical fee schedules revised proposal update

In keeping with the goals of the New York State Workers’ Compensation Board (Board) to provide quality and efficient care to injured workers, and in response to comments received during the public comment period, the Board plans to file a revised proposal for the updates to the Official New York Workers’ Compensation Medical Fee Schedules.  

This revised proposal will be published soon in the State Register and on the Board’s website. A Subject Number will be issued when it is published. 

Questions? 

Email Regulations@wcb.ny.gov with questions. 

New York State Comptroller Thomas P. DiNapoli posts local government and school audits on the Internet

On August 24, 2026, New York State Comptroller Thomas P. DiNapoli announced the following local government and school audits were posted on the Internet.

Click on the text highlighted in COLOR to access the audit.

Brentwood Union Free School District – Building Access (Suffolk County)  District officials could improve how they manage and monitor building access accounts and devices. Specifically, of the accounts auditors reviewed, the district had active, but unneeded, accounts with assigned badges in the system. As a result, there was a potential risk for unauthorized access to district school buildings, compromising building security and safety.

Broadalbin-Perth Central School District – Building Access (Fulton County, Montgomery County and Saratoga County) District officials did not properly manage and monitor building access accounts and devices. Specifically, of the accounts auditors reviewed, the district had active, but unneeded, accounts with assigned badges in the system.

East Rochester Union Free School District – Building Access (Monroe County) District officials did not properly manage and monitor building access accounts and devices. Specifically, of the accounts auditors reviewed, the district had active, but unneeded, accounts with assigned badges in the system.

Fort Johnson Volunteer Fire Company, Inc. – Board Oversight (Montgomery County) The board did not provide adequate oversight of financial operations. It did not adopt comprehensive bylaws and written financial policies and procedures to help ensure financial transactions were properly authorized, recorded and reported. The board also did not review and approve disbursements before payment, implement an effective claims auditing process, regularly review financial reports or provide guidance to the treasurer on maintaining accounting records. The board did not maintain meeting minutes, file required foreign fire insurance tax proceeds reports with DiNapoli’s office or monitor the company’s loan program.

Green Island Union Free School District – Building Access (Albany County) District officials did not properly manage and monitor building access accounts and devices. Specifically, of the accounts auditors reviewed, the district had active, but unneeded, accounts with assigned badges in the system.

Hopkinton Fire District – Claims Auditing (St. Lawrence County) Auditors reviewed 47 claims totaling $145,549. Except for minor discrepancies, which auditors discussed with district officials, the claims were adequately supported, for proper district purposes and authorized before payment. There were no recommendations as a result of this audit.

Ischua Fire District – Claims Auditing and Annual Financial Reports (Cattaraugus County) The board did not properly audit claims prior to payment and the district’s annual financial reports have not been filed with the State Comptroller’s office for more than 15 years. Without a thorough and documented audit of claims, the district had an increased risk for improper or unauthorized expenditures to be paid and that errors, irregularities, or misuse of funds could go undetected and uncorrected.

Moravia Volunteer Fire Company, Inc. – Treasurer’s Duties (Cayuga County) The treasurers did not properly account for all receipts and disbursements. As a result, the board of directors lacked reliable information that was needed to manage the company’s financial activities, and assurance that receipts were properly collected, recorded, safeguarded and deposited and disbursements were adequately supported, properly approved, accurately recorded and made for appropriate company purposes.

Niskayuna Central School District – Building Access (Albany County, Saratoga County and Schenectady County) District officials did not properly manage and monitor building access accounts and devices. Specifically, of the accounts auditors reviewed, the district had active, but unneeded, accounts with assigned badges in the system.

Onondaga Cortland Madison (OCM) Board of Cooperative Educational Services (BOCES) – Building Access (Onondaga County, Cortland County and Madison County) OCM BOCES officials did not properly manage and monitor building access accounts and devices. Specifically, of the accounts auditors reviewed, OCM BOCES had active, but unneeded, accounts with assigned badges in the system.

Union-Endicott Central School District – Building Access (Broome County and Tioga County) District officials did not properly manage and monitor building access accounts and devices. Specifically, of the accounts auditors reviewed, the district had active, but unneeded, accounts with assigned badges in the system.

Town of Wilton – Cybersecurity (Saratoga County)  Town officials did not adequately safeguard network and cloud-based user account access from cybersecurity threats. As a result, town officials cannot be assured that information technology (IT) systems are secured and protected against unauthorized use, access, manipulation and loss.

Village of Cassadaga – Cybersecurity (Chautauqua County) The board and village officials did not provide adequate governance to safeguard IT assets from cybersecurity threats. Because the board and officials did not establish and maintain a comprehensive IT asset inventory, they could not effectively track these assets through their lifecycle. Additionally, policy, oversight and other internal control weaknesses increased the risk that IT assets and the data contained in IT systems could be lost, damaged or compromised.

Village of Lacona – Cybersecurity (Oswego County) The board and officials did not provide adequate governance to safeguard IT systems from cybersecurity threats. The board and officials did not develop or adopt written IT policies, provide employees with cybersecurity awareness training or develop an IT contingency plan to help minimize the risk of data loss or suffering a serious operational interruption.

Village of Medina – Water and Sewer Billing and Collections (Orleans County) Although auditors determined $296,867 of water and sewer collections were deposited timely and intact, the clerk-treasurer did not ensure water and sewer user charges were billed accurately or that delinquent accounts were managed in accordance with village code and board-adopted policies. The clerk-treasurer also did not establish clear written procedures for collecting and depositing user charges, properly segregating duties or providing adequate oversight of billing and collection activities.

###

Additional compensation to be paid to employees of a school district for additional services must be transparent and prospective

In three separate appeals, Petitioners sought to annul an agreement between the Board of Education of the School District [Board] and its deputy superintendent [DS] providing for the DS to assume the duties of the Superintendent.  Petitioners named multiple board members, school officials, and the school attorney [Respondents]. Because the appeals presented similar issues of fact and law, they were consolidated for decision by the Commissioner of Education [See 8 NYCRR 275.18]. 

DS had agreed, in addition to her current responsibilities, to assume the duties of acting superintendent while the superintendent was on leave of absence. The board then negotiated a “pay differential” with DS  to compensate her for these additional duties and the Board retroactively approved payment to the DS in the amount of $200 per day from July 1 through September 3, 2025 [the addendum]. 

Petitioners contended that the Board lacked authority to compensate DS for her additional services because her contract already required that DS “[s]erve in the absence of the Superintendent as the Chief Administrative Officer of the District” and argued that "any additional compensation constitutes an illegal gift of public funds".  Ultimately, Petitioners appealed to the Commissioner of Education, seeking, among other relief, an order precluding the Board from implementing the addendum and the reimbursement of any funds paid to DS already paid to DS pursuant to the addendum.

The Board argued that the appeals (1) must be dismissed for improper service and (2) on the merits as the addendum "appropriately compensated [DS] for services rendered above and beyond the scope of [DS's] existing duties".

Commissioner Rosa, noting that in an appeal to the Commissioner the petitioner has the burden of demonstrating a clear legal right to the relief requested and the burden of establishing the facts upon which he or she seeks relief, found that Petitioners had not satisfied these burdens.

The Commissioner said she agreed with Respondents that paragraph 11 of DS's contract, which requires her to “[s]erve] in the absence of the Superintendent as the Chief Administrative Officer of the District,” does not preclude DS from receiving additional compensation for such services and found that the provision addressing the "chain of command in the superintendent’s absence" is not meant to cover “prolonged absence[s]” such as that which occurred in the instant situation.

In the words of Dr. Rosa: "As proof, [Respondents] attach a copy of the most recent [DS's] contract", which includes “duties well beyond those set forth” in paragraph 11, including 'budget formulation and administration, pupil course of study and curriculum, public relations, personnel management and labor relations.'  Thus, the board did not act arbitrarily or capriciously in compensating [DS] for her service as acting superintendent in summer 2025."

Addressing Petitioners' argument that the additional compensation paid to DS constituted a gift of public funds within the meaning of Article VIII, Section I of the New York Constitution, the Commissioner, citing Appeal of Moss, 59 Ed Dept Rep, Decision No. 17,861, said “This section generally prohibits the expenditure of school district money for the benefit of private parties unless it is in furtherance of a proper public purpose and is undertaken pursuant to a … properly authorized contract under which the municipality receives fair and adequate consideration”.  Here, the board received additional consideration in the form of additional duties performed by DS.  

The Commissioner concluded her decision by observing that "While the appeals must be dismissed, I admonish the board to ensure that all agreements to provide additional compensation to district employees are transparent and prospective.  Retroactive payments create an appearance of impropriety, even where, as here, there is no evidence that such impropriety occurred".

Click HERE to access the Commissioner of Education's decision posted on the Internet.

Selected items posted on the Internet during the week ending August 21, 2026 and reported by NYPPL pro bono which may be of interest to readers

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