New York State Workers’ Compensation Law § 32 Hezitorial
YONKERS, NY — November 25, 2019 – At first we revealed the theft of students’ General Obligation bank accounts that are routinely robbed their savings at the end of every school year.
Yonkers Public School District / Yonkers City Hall Engaged in Extorting / Stealing Money From High School Students To The Tune Of $9,168 Every Year By HEZI ARIS
Now we reveal another theft, that of accruels that have been earned by the teaching staff yet denied to them in silence. Most teachers are kept unaware, even those who retire are not informed they are owed money. One has to wonder how and by whom did this culture of theft of services rendered was deemed appropriate. From what code of ethics handbook did the Yonkers Board of Education / Yonkers Public School District ascribe to extol the virtue of theft. While teachers are unwittingly robbed of the value of the services they rendered, who is pocketing the value of the services they rendered? Into what accounts are these sums funneled. Who controls such accounts? How and why has this conduct escaped becoming known to Nick DeSantis, Executive Partner of the Government Service Division in the auditing /CPA firm of PKF O’Connor Davies.
DeSantis has 35 years of claimed experience in handling many aspects of governmental finances and operations, from budgeting to strategic planning. DeSantis is Senior Executive Partner of the Government Service Division, a former Yonkers City Manager and Commissioner of Finance. DeSantis says, “I have the experience to serve as a close advisor on financial matters to both appointed and elected government officials.” During his career, Nick has held a number of high-level governmental positions with the City of Yonkers; past roles include City Manager, Budget Director, and Commissioner of Finance. He also previously served as Fiscal Manager for the Counties of Orange, Rockland, Duchess, and Westchester.
Based on DeSantis’ bona fides how could the City of Yonkers Finance Commissioner John Liszewski not have been aware of these ongoing thefts? Who was first to permit and authorized this travesty?
Who will take responsibility for this conduct? More importantly, who will bring about corrective change? How long will it take to remedy?
For every year a teacher is employed by the Yonkers Board of Education, by contractual agreement, a certain number of days are set aside into a “sick bank”. Fifteen (15) days every year are deposited into a “sick bank”. In a sense, this “sick bank” can be likened to one’s personal account where one deposits value for every year worked. Should one become injured while on the job, the employee may use days deposited into their “sick bank” to draw a salary for that day or days they were unable to perform their responsibility as a teacher.
When a teacher is incapable of performing his/her duty as a teacher on any given day / days, a substitute teacher is required. The substitute is paid; and so is the teacher who is unable to fulfill his / her responsibility that day or days. By extracting the earned days placed in one’s “sick bank”, the person not able to attend to his / her class depletes a day or days from their “sick bank”. The days accumulated in that “sick bank” were earned for services rendered and hold value and are contractually part of the teacher’s earned salary on a prorated basis.
Whenever a teacher is not able to able to attend to their class due to an injury that took place while on the job for a day or days, that teacher is paid from their “sick bank” that has been building over the years. Whether a teacher is out for a day or days, the Yonkers Public School District advises the City of Yonkers, who in turn informs its insurance carrier UMR and its Workers Compensation Attorneys Edson, Cherry, and Kelly, who in turn petition the New York State Workers Compensation Board to render an award payable to the city of Yonkers for the days the injured worker used from their accrued “sick bank” for their related injury. Once the calculations have been determined, the City of Yonkers receives a payment. It is from that payment that the injured worker is to receive a prorated number of their sick days restored. The employee does not receive a cash payment for those days but the prorated number oF restored sick days (accruals) which carry the full weight of the employees full days’ salary. If upon retirement those days are not used, the employee may cash them in at an arranged price according to the contract. Whenever a teacher is not able to able to attend to their class due due to an injury that took place while on the job for a day or days, that teacher is paid from the “sick bank” that has been building over the years. Whether a teacher is out for a day or days, the Yonkers Public School District advises the City of Yonkers, who in turn informs UMR, its insurer. UMR in turn presents the New York State Workman’s Compensation Board (NYS WCB) with the number of day(s) the teacher was out upon their return to work. Upon review by the NYS WCB, the NYS WCB reimburses the Yonkers Public School District the value of the days used from the “sick bank”, which turn is divided at a pro rated valuation of 20 percent for any given day(s) to the employee and the other 80 percent is returned to the Yonkers Public School District, a department of the City of Yonkers. The prorated valuation portion of 20% is returned to the employee, deposited into their “sick bank”, described as restoring prorated days to the “sick bank”. It is not awarded as a check to the employee.
Should “sick bank” days ever become totally depleted, the teacher would thereafter be covered by Workman’s Compensation, although it would be valued at a lesser and different formula.
Whatever the length of time it may take for the Workman’s Compensation Board (NYS WCB) to conclude its findings, notice is sent by the NYS WCB to the City of Yonkers with respect to the case and the award afforded by the NYS WCB on behalf of a said employee. The award to the employee should be noticed to them but rarely is. Cases can languish at the YBoE for years, even over a decade in time without ever informing the employee. Should the employee retire, and had not returned to work prior to retirement, they often do so without being informed that they are due money awarded to them on a pro rated basis while they were out sick that is still outstanding and owed to them.
The City of Yonkers, the Yonkers Board of Education Department is also responsible to pay the employee a dollar value of 20% above the total dollar amount for each 10 day period past the dates the City of Yonkers and its pertinent departments did not restore the employees accrued award(s). The takeaway is succinct and simple, it is seemingly theft of services rendered exacerbated by procrastination and delay over any and all awards granted.
It also seem incongruous that each employee is not presented with a yearly report of their accrued “sick bank” valuations and what other filings upon their behalf are still outstanding. Each date of restored accruals should be acknowledged and divulged to the employee with the amount of the award, the date of value received, and a timely acknowledgment of what had transpired and when, similar to a bank account.
All written above is validated in Sub-Section 32 of the New York State Workers’ Compensation Law (WCL) that informs that no agreement waiving an employee’s right to Workers’ Compensation benefits is valid unless and until it is approved by the Workers’ Compensation Board pursuant to WCL § 32.
# # #
Over 1,000 Yonkers Public School (YPS) Students Are Not Inoculated
By HEZI ARIS