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An appointing authority's request for "any and all medical records relating to an employee's current state of health" may be too broad and not reasonably tailored to the scope of the relevant medical records
26 Oct 2017, 4:00 am by The Public Employment Law Press
Indeed, in Gooshaw v Village of Massena, 216 AD2d 819, the Appellate Division said that it is inappropriate to file disciplinary charges against an individual who is unable to report for work because of his or her conceded disability while in Penebre v Dzaluk, 51 AD2d 574, the Appellate Division ruled that §75 charges for misconduct should not have been served on the employee but that the employer should have proceeded under §72, Ordinary Disability Leave,… [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Digging In Unsuccessfully
15 Jun 2020, 5:30 am by Andrew Lavoott Bluestone
” “”Under the doctrine oflaw of the case, the parties or those in privity [with them] are ‘preclud[ed] [from] relitigating an issue decided in an ongoing action where there previously was a full and fair opportunity to address the issue’ (Town of Massena v Healthcare Underwriters Mut. [read post]
New York Attorney Malpractice Blog - http://blog.bluestonelawfirm.com/
Absent medical evidence establishing a recognizable link between claimant's injuries and repetitive movements associated with her work activities constitutes substantial evidence that claimant did not establish a causally-related occupational disease
24 Jun 2022, 9:06 pm by Public Employment Law Press
"To this end, a medical opinion on the issue of causation must signify a probability as to the underlying cause of the claimant's injury which is supported by a rational basis" (Matter of Mayette v Village of Massena Fire Dept., 49 AD3d 920, 922 [2008] [internal quotation marks and citations omitted]; see Matter of Lichten v New York City Tr. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Absent medical evidence establishing a recognizable link between claimant's injuries and repetitive movements associated with her work activities constitutes substantial evidence that claimant did not establish a causally-related occupational disease
24 Jun 2022, 9:06 pm by Public Employment Law Press
"To this end, a medical opinion on the issue of causation must signify a probability as to the underlying cause of the claimant's injury which is supported by a rational basis" (Matter of Mayette v Village of Massena Fire Dept., 49 AD3d 920, 922 [2008] [internal quotation marks and citations omitted]; see Matter of Lichten v New York City Tr. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Rescinding a tenure appointment
9 Jun 2010, 3:21 am
The Commissioner of Education, in Longshore v Massena Board of Education, 32 CEd 12839, considered the status of a part-time teacher whose "personnel action sheet" described his appointment as "probationary from September 1, 1991 until September 1, 1992. [read post]
New York Public Personnel Law - http://publicpersonnellaw.blogspot.com/
Rescinding an appointment granting tenure by mistake held lawful
30 Aug 2011, 3:29 am
In Gould v Board of Education, 81 NY2d 446, the New York State Court of Appeals held that a “tenured teacher has a protected property [read post]
New York Public Personnel Law - http://publicpersonnellaw.blogspot.com/
Determining an educator's seniority for the purposes of layoff
28 Aug 2017, 4:00 am by The Public Employment Law Press
Bd. of Educ. of Massena Cent. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Without proof that EEOC investigation was nationwide, pattern-and-practice sex discrimination claim to be dismissed
6 Jan 2014, 6:39 am by Joy Waltemath
Rather, the EEOC’s own investigator did not recall investigating any stores except in Massena, New York and Tampa, Florida. [read post]
WKL&B WOrkDay Blog - http://www.employmentlawdaily.com/index.php/blog