Home -> Law Blog Directory -> Labor & Employment Law Blogs -> New York Public Personnel Law

Labor & Employment Law

: New York Public Personnel Law

Administrative due process requires the employee be given a hearing before his or her GML §207-a benefits can be discontinued

Administrative due process requires the employee be given a hearing before his or her GML §207-a benefits can be discontinued
Zervos v City of Binghamton, 2010 NY Slip Op 30840(U), April 13, 2010, Supreme Court, Broome County, Judge Ferris D. Lebous [Not selected for publications in the Official Reports]

Judge Lebous said the events leading to Spero Zervos filing his instant petition are not disputed.

Essentially, Zervos was injured in the course of his duties as a firefighter with the City of Binghamton. On March 12, 2007, the City granted Zervos' initial application for GML §207-a benefits. Initially Zervos received through December 31, 2007 but was later approved for through January 1, 2008.

On March 25, 2008, unbeknownst to petitioner, his physician, Thomas R. Van Gorder, informed the workers compensation carrier that petitioner was totally disabled through January 30, 2008. On May 9, 2008, based upon this information, the City directed Zervos to report for light duty on May 12, 2008.

On June 18, 2008, the City approved Zervos for GML § 207-a benefits from March 26, 2007 through December 31, 2007. On July 8, 2008, the City issued an amended award approving Zervos for GML § 207-a benefits from March 14, 2007 through December 31, 2007.

On July 14, 2008, the City further approved Zervos for GML § 207-a benefits from January 1, 2008 through January 30, 2008 but on September 5, 2008, Zervos requested a hearing with respect to the City's July 14, 2008 determination. All parties agree that Zervos? GML § 207-a benefits resumed as of September 16, 2008.

In February 2009, a hearing was held and the hearing officer issued a decision concluding that the January 30, 2008 termination date for Zervos? GML § 207-a benefits was proper.

On December 8, 2009, Judge Lebous issued a Decision upholding Hearing Officer Olmstead's decision. In this action Zervos asked permission to reargue, seeking to have the court reverse the City's termination of his GML §207-a benefits and retroactively restoring said benefits.

In deciding this action, the courts said that the City, ?in its zeal to save the taxpayers money,? skipped a step by terminating Zervos? GML §207-a benefits before affording him his due process rights by conducting his pre-termination hearing.

For this reason alone, said the court, Zervos was entitled to complete relief, namely recovery of his full salary and benefits from January 30, 2008 through September 16, 2008 and that his petition should have been granted in the first instance.

The decision is posted on the Internet at:
http://www.nycourts.gov/reporter/3dseries/2010/2010_50661.htm

Full post as published by New York Public Personnel Law on April 29, 2010 (boomark / email).