New York Public Personnel Law

December 26, 2022

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.

December 18, 2022

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

December 05, 2022

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.

CAUTION

Subsequent court and administrative rulings, or changes to laws, rules and regulations may have modified or clarified or vacated or reversed the information and, or, decisions summarized in NYPPL. For example, New York State Department of Civil Service's Advisory Memorandum 24-08 reflects changes required as the result of certain amendments to §72 of the New York State Civil Service Law to take effect January 1, 2025 [See Chapter 306 of the Laws of 2024]. Advisory Memorandum 24-08 in PDF format is posted on the Internet at https://www.cs.ny.gov/ssd/pdf/AM24-08Combined.pdf. Accordingly, the information and case summaries should be Shepardized® or otherwise checked to make certain that the most recent information is being considered by the reader.

NYPPL Blogger Harvey Randall served as Principal Attorney, New York State Department of Civil Service; Director of Personnel, SUNY Central Administration; Director of Research, Governor’s Office of Employee Relations; and Staff Judge Advocate General, New York Guard. Consistent with the Declaration of Principles jointly adopted by a Committee of the American Bar Association and a Committee of Publishers and Associations, the material posted to this blog is presented with the understanding that neither the publisher nor NYPPL and, or, its staff and contributors are providing legal advice to the reader and in the event legal or other expert assistance is needed, the reader is urged to seek such advice from a knowledgeable professional.