Employee’s failure to provide an adequate urine sample attributed to employer’s failure to comply federal procedures rather than employee misconduct

Employee’s failure to provide an adequate urine sample attributed to employer’s failure to comply federal procedures rather than employee misconduct
Dept. of Sanitation v Anonymous, OATH Index No. 765/11

OATH Administrative Law Judge Kevin Casey dismissed a charge alleging that a sanitation worker had refused to submit to a random drug test. The worker, who became ill during the testing procedure and was later diagnosed with a medical condition, was unable to provide a sufficient urine sample, despite repeated attempts.

ALJ Casey found the department failed to provide the worker with forty ounces of water to drink over a period of three hours, as required by federal regulation. Hence, the employee's failure to produce sufficient urine for testing was not misconduct.

The decision is posted on the Internet at:
http://archive.citylaw.org/oath/11_Cases/11-765.pdf

Firefighter’s training exercise injury not an accident for disability benefit purposes

Firefighter’s training exercise injury not an accident for disability benefit purposes
Matter of Stimpson v Hevesi, 38 AD3d 979

Christopher W. Stimpson, a firefighter employed by the Village of Scarsdale Fire Department in Westchester County, was injured during a training exercise.

His foot became wedged while participating in a simulation rescue, resulting in an injury to his right knee. Stimpson’s application for accidental disability retirement benefits was denied on the ground that the incident did not constitute an accident within the meaning of Retirement and Social Security Law Section 363.

The Appellate Division affirmed the Retirement System’s determination, ruling that an accident within the meaning of the Retirement and Social Security Law is a "'sudden, fortuitous mischance, unexpected, out of the ordinary, and injurious in impact." In this instance, said the court, the injury Stimpson suffered "was the result of a training program [incident] constituting an ordinary part of [his] job duties and the normal risks arising therefrom."

Accordingly, the court confirmed the System’s ruling and dismissed Stimpson’s petition.

For the full text of the decision, go to:
http://nypublicpersonnellawarchives.blogspot.com/2007/03/injury-during-training-exercise-ruled.html

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If you are interested in learning more about General Municipal Law §207-a or §207-c disability benefits and procedures please click here: http://section207.blogspot.com/2011/03/v-behaviorurldefaultvml-o.html
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Salary upon appointment

Salary upon appointment
Golanec v Culross, 272 AD2d 471

Rye police officer Jeffrey Golanec claimed that in consideration of his experience as a police officer, he was entitled to be appointed at a higher salary step of the salary grade of his position rather than at the entrance level rate.

The Appellate Division, sustaining a lower court ruling, pointed out that Golanec failed to prove that other police officers with the same or similar training and experience as police officers were appointed at higher starting salary levels.

Had Golanec been able to demonstrate that other police officers having training and experience similar to his were initially appointed at a higher salary, presumably the court would have required the appointing authority to explain why it had appointed him at the entrance level of the pay scale.