Is a request for medical arbitration necessary before going to Court to challenge a Line of Duty Injury request?

Anna Carter, a teacher assigned to the Reassignment Center, claimed a line of duty injury. She claimed that the injury occurred when “My knees were giving me pain I stood to go to the bathroom, and I tripped over two chair legs that were  straddling one another. ”

She completed the necessary paperwork and took an extended time before she was able to return to work.

Her OP-198 was not properly signed by the Superintendent and she was unable to produce a proper approval. Nevertheless the matter was heard by the Medical Board where Line of Duty status was denied. Carter then received a bill for a payroll overpayment of almost $34,000. No demand for medical arbitration was ever made by Carter or by the Union on her behalf.

Carter brought a petition in Supreme Court seeking the Line of Duty Injury status and the cancellation of the DOE recoupment of the alleged overpayment.

Justice Stallman found that the Court was powerless to review Carter claim because the Union contract permitted only medical arbitration as the exclusive remedy to challenge the Medical Board’s denial of LODI status.
In the Matter of the Application of ANNA CARTER, Petitioner, – against – Board of Education/Leaves Admin./HR Connect, Respondents. Index No. 401498/10, SUPREME COURT OF NEW YORK, NEW YORK COUNTY, 2011 NY Slip Op 31061U; 2011 N.Y. Misc. LEXIS 1941, April 22, 2011

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3 thoughts on “Is a request for medical arbitration necessary before going to Court to challenge a Line of Duty Injury request?

  1. 6/9/14
    If a NYC teacher does not have any more days in his/her CAR, is it required for them to complete and submit the following documents: Health of Restoration, OP 200,OP 160; in order to file for medical arbitration? Also, if a teacher sign the Leave of Restoration of Health, OP 200, or OP 160, does this mean that they waived their rights; to sue the DOE or UFT, if the teacher can prove that these organizations have wrong them in anyway?

    I would like to know the answer because a teacher is being told that they must sign the above documents, or they will not be able to have their case medically arbitrated, and they will be terminated.

    I am thanking you for your assistance in advance.

    • I can’t comment on a potential lawsuit since that is a matter to discuss with an attorney. Generally all CAR balances must be exhausted before medical leaves.

      • Several attorneys were asked the above question, and they did not know the answer. That is why I am asking, “Do you know the answers to my questions?

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