No. 18-5237

Sharon K. Bland v. Gellman, Brydges & Schroff, et al.

Lower Court: New York
Docketed: 2018-07-16
Status: Denied
Type: IFP
Response WaivedIFP
Tags: administrative-law civil-procedure civil-rights deliberate-indifference due-process equal-protection standing takings workers-compensation
Latest Conference: 2018-09-24
Question Presented (from Petition)

Is New York State Workers' Compensation Law Constitutional? Does the government have the right to take away my cause of action and substitute it with a lesser mismanaged authority?

1. Due to conflict between the 6th Ohio, Michigan), 'Jth(linois), Oth (Oregon, Montana), 10 (Colorado), and 11th 5
®lorida) Circuits regarding the constitutionality of various provisions of Workers
Compensation Law under "Exclusivity", all of which apply to Petitioner in the 274 (New Yor)
Circuit, where:
a. Lack of a severability clause in the New York Workers Compensation Law requires the law 5
to be struck down on the same grounds which the State of New York has failed to address;
b. The Constitutional Challenges of which reflect a clear imbalance, nationally, in the 5
Compensation Bargain, thus challenging the current equity in the contract of
"Exclusivity" originally envisioned under NY Central Railroad v. White (Exh. 9);
c. Which no longer provides a public service to justify the "TAKING". (Exh. 10-15). 5

2. Does Workers Compensation Law as a legal premise violate Petitioner's personal rights, 5
and/or the fundamental rights of Injured Workers, most specifically Disabled Workers?
a. Is Workers Compensation Law's premise of exclusivity valid & useful,

Question Presented (AI Summary)

Is New York State Workers' Compensation Law Constitutional?

Docket Entries

2018-10-01
Petition DENIED.
2018-08-30
DISTRIBUTED for Conference of 9/24/2018.
2018-08-10
Waiver of right of respondent New York State Workers' Compensation Board to respond filed.
2018-05-21
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 15, 2018)

Attorneys

New York State Workers' Compensation Board
Patrick Arthur WoodsOffice of the AG of the State of NY, Respondent
Sharon K. Bland
Sharon K. Bland — Petitioner