CompFox Logo
AboutWorkflowFeaturesPricingCase LawInsights

Updated Daily

Case Law Database

Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. SCR No. 40/12; SCR No. 41/12
Regular Panel Decision

Norris v. Social Services Employee Union 371

This small claims action, consolidated for trial, involved two former union staff members, Aubrey Norris and Reuben Adeshuko, suing SSEU Local 371 for alleged underpayment of severance. Claimants argued that a long-standing union practice entitled them to three weeks' severance pay upon termination, but they only received two weeks after new leadership took over on May 2, 2011. The defendant contended that the standard policy was two weeks' severance and that the new leadership formally instituted this policy on May 4, 2011. The court found no written severance policy, which violated Labor Law § 195, and concluded that the credible evidence supported the claimants' reliance on a three-week severance practice. The judgment was entered in favor of the claimants for the outstanding severance amount plus interest.

Severance Pay DisputeUnion EmploymentLabor Law ViolationStatute of FraudsOral Policy EnforcementEmployment TerminationWorkers' RightsAFSCME RegulationsConsolidated CasesNew York Courts
References
2
Case No. OAK 0334678, OAK 0334680
Regular
Jul 21, 2008

KENNY AUBREY vs. COLOR TECH CORPORATION

This case involves an applicant who sustained industrial injuries to both knees, resulting in concurrent temporary total disability. The Workers' Compensation Appeals Board (WCAB) affirmed a prior award of temporary disability indemnity, applying the 104-week/two-year limitation under Labor Code section 4656(c)(1). This application was justified by the AME's finding that both injuries contributed to the applicant's concurrent temporary disability, aligning with precedent established in *Foster v. Workers' Comp. Appeals Bd.*.

Workers' Compensation Appeals BoardColor Tech Corporationindustrial injuriesboth kneesarthroscopic surgeriesleft kneeright kneejoint replacementtemporarily totally disabledaggregate disability payments
References
1
Case No. MISSING
Regular Panel Decision

Claim of Simpson v. Glen Aubrey Fire Co.

A volunteer fireman suffered an acute lumbosacral strain requiring frequent hospital and doctor visits. He sought reimbursement for 290 miles of travel expenses. The Workers' Compensation Board approved reimbursement at 20 cents per mile, leading to this appeal. The court examined whether travel expenses for medical treatment are reimbursable under the Volunteer Firemen’s Benefit Law and Workers’ Compensation Law. It concluded that access to medical treatment implies the financial means to obtain it, upholding the humanitarian goals of the legislation.

Volunteer FiremanLumbosacral StrainMileage ReimbursementTravel ExpensesMedical TreatmentWorkers' Compensation LawVolunteer Firemen's Benefit LawStatutory InterpretationRemedial LawLiberal Construction
References
2
Case No. MISSING
Regular Panel Decision
Oct 23, 2014

Matter of Swartz v. Absolut Center for Nursing and Rehab

Immediately after her shift, the claimant tripped on a trailer hitch in the employer’s parking lot, sustaining injuries to her right elbow and both hands. She subsequently applied for workers’ compensation benefits, which the employer and its carrier controverted. A Workers’ Compensation Law Judge found the injury work-related and awarded benefits, a decision affirmed by the Workers’ Compensation Board. On appeal, the court affirmed the Board’s decision, holding that an injury sustained on the employer’s premises while going to or coming from work is generally an incident of employment. The court concluded there was substantial evidence to support the finding that the claimant's injury arose out of and in the course of her employment.

Workers' Compensation AppealPremises LiabilityParking Lot InjuryCourse of EmploymentArising Out of EmploymentGoing and Coming Rule ExceptionAccidental InjuryAffirmed DecisionEmployer's PremisesNew York Workers' Compensation Board
References
6
Case No. ADJ10658129
Regular
Sep 24, 2018

GUILLERMO LOPEZ vs. CLARK PACIFIC, ZURICH NORTH AMERICA

The Appeals Board granted reconsideration and rescinded the original Findings and Award due to significant inconsistencies between the applicant's testimony and the medical reports of Dr. Nkadi and Dr. Swartz regarding the alleged work injury. The Board found the trial record lacked substantial evidence to support an injury AOE/COE. Therefore, the case was returned to the WCJ to develop the record further, potentially through supplemental medical reports or a new evaluation, and to issue a new decision. If an injury is found, the decision must specify the injured body part(s).

AOE/COEPetition for ReconsiderationFindings and AwardPrimary Treating PhysicianQualified Medical ExaminerSubstantial EvidenceLumbar RadiculopathyLumbar Facet ArthropathySpecific InjuryCumulative Injury
References
4
Case No. ADJ11140527
Regular
Apr 08, 2020

GARY BULLARD vs. EXCALIBUR WELL SERVICES, INC., TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA

The Workers' Compensation Appeals Board rescinded prior findings and returned the case for further development of the record. The Board found that while Dr. Swartz's report was admissible, it did not constitute substantial evidence as it did not adequately address causation for the claimed cumulative injury. Furthermore, the Board determined that Dr. Brourman's opinion was not substantial evidence because it relied on an inaccurate understanding of the applicant's work duties, contradicting credible applicant testimony. The case is being remanded to allow parties to provide Dr. Brourman with a corrected job description and obtain a supplemental report on the cumulative injury claim.

ADJ11140527Excalibur Well ServicesInc.Travelers Property Casualty Company of AmericaGary BullardReconsiderationOpinion and DecisionRulings & Orders Admitting EvidenceFindings of Fact & Opinion on DecisionAubrey Swartz
References
12
Case No. MISSING
Regular Panel Decision

DiFilippo v. Barclays Capital, Inc.

Plaintiffs Chris DiFilippo, Michael Kraft, Aubrey Johnson, and Gentree Van Blake, former employees of Barclays Capital, Inc., initiated this action, alleging they were improperly classified as exempt from overtime requirements under the Fair Labor Standards Act (FLSA). DiFilippo additionally claimed a violation of the New York Labor Law. Barclays moved for summary judgment. The court denied Barclays's motion regarding the FLSA claims, citing material issues of fact concerning the Work and Discretion Requirements and the willfulness of Barclays's actions. Conversely, the court granted Barclays's motion concerning DiFilippo's New York Labor Law claim, concluding that he had validly waived his right to pursue this claim through a severance agreement.

FLSAOvertime ExemptionAdministrative ExemptionDiscretion RequirementWork RequirementSummary JudgmentNew York Labor LawWaiverSeverance AgreementWillfulness
References
21
Case No. MISSING
Regular Panel Decision

Salazar v. Bowne Realty Associates, L.L.C.

Salomon Salazar sued Bowne Realty Associates, LLC and Ronald J. Swartz, alleging violations of the Fair Labor Standards Act (FLSA) and New York Labor Law for unpaid wages, overtime, and retaliatory behavior. Salazar, initially a construction worker, claimed he was underpaid as a Superintendent and faced retaliation after asserting his rights. The defendants moved to dismiss time-barred claims and claims for wages already covered by an arbitration award. Salazar also moved to amend his complaint to include new retaliation claims based on post-filing conduct, including an allegedly frivolous parking lawsuit, termination, and eviction. The court granted the defendants' motion to dismiss FLSA claims prior to May 24, 2007, and claims for Superintendent wages already paid through arbitration. The court also granted Salazar's motion to amend the complaint to include the new retaliation claims, finding them plausible despite the temporal gap.

FLSANew York Labor LawWage and HourOvertimeRetaliationMotion to DismissMotion to AmendCollective Bargaining AgreementArbitrationEmployment Termination
References
27
Showing 1-8 of 8 results

Ready to streamline your practice?

Apply these legal strategies instantly. CompFox helps you find decisions, analyze reports, and draft pleadings in minutes.

CompFox Logo

The AI standard for workers' compensation professionals. Faster research, deeper analysis, better outcomes.

Product

  • Platform
  • Workflow
  • Features
  • Pricing

Solutions

  • Defense Firms
  • Applicants' Attorneys
  • Insurance carriers
  • Medical Providers

Company

  • About
  • Insights
  • Case Law

Legal

  • Privacy
  • Terms
  • Trust
  • Cookies
  • Subscription

© 2026 CompFox Inc. All rights reserved.

Systems Operational