Existence of a special duty serves to overcome governmental function immunity by establishing an exception to the rule that a municipality, in performing a governmental function, owes a duty only to the public at large, and not to any particular individual.

 Click the following URL to access this decision posted on the Internet at:  https://www.nycourts.gov/reporter/3dseries/2022/2022_06918.htm 

Determining whether certain compensation outlined in the collective bargaining agreement constitutes "regular salary or wages" for the purposes of calculating a retirees' General Municipal Law §207-a(2) supplement.

Click the following URL to access this decision posted on the Internet at:  https://www.nycourts.gov/reporter/3dseries/2022/2022_07094.htm  

Applicant for performance of duty disability retirement benefits "bore the burden of proving that [s]he was 'physically or mentally incapacitated from performance of duty as the natural and proximate result of a disability sustained in such service'".

Click the following URL to access this decision posted on the Internet at:  https://www.nycourts.gov/reporter/3dseries/2022/2022_06968.htm 

Court of Claims properly dismissed the class action claims as claimants failed to satisfy the pleading requirements found in Court of Claims Act §11(b), which must be strictly construed.

Click the following URL to access this decision posted on the Internet at:    https://www.nycourts.gov/reporter/3dseries/2022/2022_06878.htm 

Arbitrating disputes involving General Municipal Law §207-a benefits pursuant to an arbitration clause in the collective bargaining agreement.

Click the following URL to access this decision posted on the Internet at:  https://www.nycourts.gov/reporter/3dseries/2022/2022_07095.htm

Claimant who voluntarily withdraws from the labor market by retiring is not entitled to workers' compensation benefits unless the claimant's disability caused or contributed to the retirement.

Click the following URL to access this decision posted on the Internet at:  https://www.nycourts.gov/reporter/3dseries/2022/2022_07124.htm 

Union member subject to the collective bargaining agreement (CBA) is required to avail himself of the grievance procedure set forth in the CBA before commencing an action pursuant to CPLR Article 78.

Click the following URL to access this decision posted on the Internet at: https://www.nycourts.gov/reporter/3dseries/2022/2022_06994.htm 

N.B.In Amorosano-LePore v Grant, 56 AD3d 663, the court opined that the employee's exhaustion of his or her administrative remedies is not required where his or her so doing would constitute an exercise in futility. The Amorosano-LePore decision is posted on the Internet at: https://www.nycourts.gov/reporter/3dseries/2008/2008_09073.htm 

 

Squibs of selected decisions posted on the Internet during the month of December 2022

In law the term "squib" refers to a brief summary of a single case or a single point of law recited in a decision. 

The term Squib^© is Copyrighted [1997-2022] by airSlate Legal Forms, Inc., 3720 Flowood Dr, Flowood, Mississippi, 39232, d/b/a USLegal.

 

 

Under New York law there is a broad presumption that "the public is entitled to access to judicial proceedings and court records".

Click the following URL to access this decision posted on the Internet at:  https://www.nycourts.gov/reporter/3dseries/2022/2022_06848.htm  

Claimant who voluntarily withdraws from the labor market by retiring is not entitled to workers' compensation benefits unless the claimant's disability caused or contributed to the retirement.

Click the following URL to access this decision posted on the Internet at:  https://www.nycourts.gov/reporter/3dseries/2022/2022_07124.htm  

Applicant for performance of duty disability retirement benefits "bore the burden of proving that [s]he was 'physically or mentally incapacitated from performance of duty as the natural and proximate result of a disability sustained in such service'".

Click the following URL to access this decision posted on the Internet at:  https://www.nycourts.gov/reporter/3dseries/2022/2022_06968.htm 

Workers’ Compensation Board webinar for employers is being held Wednesday, December 7, 2022

On December 7, 2022, the Workers Compensation Board’s Office of the Advocate for Business will present a webinar on the basics of the workers’ compensation system, including insurance types, coverage requirements, and employers’ obligations under the law. The one-hour presentation will also cover: 

• Who needs coverage and who does not need coverage
• How and when to report an injury or illness (including COVID-19)
• Considerations when hiring independent contractors, laborers, and domestic workers
• Lowering premiums
• Penalties and where to go for assistance with them

The session is free and there will be time at the end for questions. Registration is not required. To join, please select the “join webinar” link below.

Wednesday, December 7, 2022
12:00 P.M. - 1:00 P.M.
Join webinar
Add to your calendar!
 

More information

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

You can also call the Advocate for Business office at (518) 486-3311 or email advocatebusiness@wcb.ny.gov.