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. MISSING
Regular Panel Decision

In re Frank Y.

The case involves an appeal by Frank Z. against a Family Court order from Chemung County, dated January 27, 2003, which found his children neglected. The initial neglect proceedings in 2001 were based on the mother's physical abuse and Frank Z.'s failure to protect his children. After conditions including an order of protection against the mother, Frank Z. violated these terms by permitting the mother to have contact with the children and by inflicting corporal punishment. Following further hearings, the Family Court sustained the neglect petition and placed the children in petitioner's custody for one year. The Appellate Division affirmed this decision, finding sufficient evidence to support the neglect finding, including Frank Z.'s willful violation of the protection order and corroborated statements from the children regarding corporal punishment.

Child NeglectFamily CourtOrder of ProtectionCorporal PunishmentChild AbuseAppellate ReviewCorroboration of Child StatementsParental ResponsibilityChild Welfare
References
15
Case No. MISSING
Regular Panel Decision

United States v. Torres

Carlos Torres, charged with drug trafficking and firearms offenses, moved for reconsideration of his detention order, arguing that a key cooperating witness, Frederick Rolle, had been discredited. U.S. Magistrate Judge Payson had initially ordered Torres detained due to danger to the community, a decision affirmed by U.S. District Judge Larimer. Despite Rolle's testimony being discounted after he failed a lie detector test, Judge Payson maintained that the remaining evidence—including corroboration from a confidential informant, seized evidence from Torres's home (cocaine, shotgun, bulletproof vest, cash), and evidence of unexplained wealth—still strongly supported his detention. The court found that no conditions could adequately assure community safety if Torres were released. Therefore, Torres's motion for reconsideration was denied, and his detention was continued.

DetentionReconsiderationVacaturDanger to CommunityRisk of FlightDrug TraffickingFirearms OffenseCocaineConfidential InformantCooperating Witness
References
2
Case No. 532092
Regular Panel Decision
Feb 03, 2022

In the Matter of the Claim of Brandon Torres

Claimant Brandon Torres appealed a Workers' Compensation Board decision from August 13, 2020, which denied his application for reconsideration and/or full Board review. Torres had initially filed for workers' compensation benefits alleging an occupational left hip injury, but a Workers' Compensation Law Judge disallowed the claim due to a lack of medical evidence, and Torres did not appeal that decision. The Board subsequently denied Torres' requests for reopening and his application for reconsideration, citing his failure to comply with proof of service requirements under 12 NYCRR 300.13 (b) (2). The Appellate Division affirmed the Board's decision, concluding that the Board did not abuse its discretion or act arbitrarily and capriciously, as Torres, a party in interest, improperly served the employer's carrier himself.

Workers' CompensationOccupational InjuryHip InjuryProof of ServiceAdministrative ReviewReconsiderationBoard ReviewAppellate DivisionArbitrary and CapriciousAbuse of Discretion
References
1
Case No. ADJ621872 (BAK0145447) ADJ4407215 (BAK 0151114)
Regular
Nov 13, 2012

FRANK TORRES vs. COUNTY OF KERN; PROBATION DEPARTMENT

The Workers' Compensation Appeals Board granted reconsideration to award further medical treatment for Frank Torres' cumulative trauma injury to his left knee. The Board found that the Agreed Medical Examiner's opinion provided sufficient evidence for this award, despite the judge's initial denial. This decision overturns the prior finding that no further treatment was necessary for the left knee. The award of further medical treatment clarifies and prevents potential future delays in care for the industrial injury.

Workers' Compensation Appeals BoardFrank TorresCounty of KernProbation DepartmentADJ621872ADJ4407215ReconsiderationFindings and AwardCumulative TraumaLeft Knee Injury
References
2
Case No. MISSING
Regular Panel Decision

Torres v. City of New York

Wilfredo Torres, a former New York City Department of Corrections (DOC) officer, filed a complaint against the City of New York and several DOC officials. Torres alleged that DOC’s sick leave policy was unconstitutional and asserted claims under 42 U.S.C. § 1983 for First, Fourth, and Fourteenth Amendment violations, along with state law claims for medical malpractice, intentional infliction of emotional distress, and negligent hiring and retention. After the court initially dismissed some claims, Torres later dismissed all federal claims except for equal protection and requested remand of state claims. The court, declining to exercise supplemental jurisdiction, dismissed Torres’s Equal Protection Claim with prejudice and the remaining state law claims without prejudice.

Corrections OfficerSick Leave PolicyConstitutional Law42 U.S.C. § 1983First AmendmentFourth AmendmentFourteenth AmendmentEqual ProtectionMedical MalpracticeIntentional Infliction of Emotional Distress
References
7
Case No. MISSING
Regular Panel Decision

Frank v. Lawrence Union Free School District

Michael D. Frank, a former junior high school mathematics teacher, sued the Lawrence Union Free School District and related entities for discrimination and retaliation after being denied tenure and subsequently fired. Frank alleged discrimination based on perceived disability (morbid obesity) under the ADA, Rehabilitation Act, and NYSHRL, and also claimed retaliation for complaining about discrimination. The court denied the defendants' summary judgment motion on Frank's ADA and Rehabilitation Act claims concerning being "regarded as" disabled, and on his NYSHRL claims for both disability discrimination and "regarded as" disabled. Additionally, retaliation claims related to a harsh performance review survived. However, Frank's claims for failure to provide reasonable accommodation were dismissed as he never requested any.

Disability DiscriminationRetaliation ClaimAmericans with Disabilities Act (ADA)Rehabilitation ActNew York State Human Rights Law (NYSHRL)Summary Judgment MotionPerceived DisabilityObesity DiscriminationEmployment DiscriminationTenure Denial
References
40
Case No. 2022 NY Slip Op 00704 [202 AD3d 1177]
Regular Panel Decision
Feb 03, 2022

Matter of Torres v. C & S Wholesale

Brandon Torres, a claimant, appealed a decision by the Workers' Compensation Board that denied his application for reconsideration and/or full Board review. Previously, a Workers' Compensation Law Judge had found no medical evidence of a work-related injury, disallowing the claim. The Board denied reconsideration due to Torres's failure to comply with proof of service requirements under 12 NYCRR 300.13 (b) (2). The Appellate Division affirmed the Board's decision, concluding that the Board did not abuse its discretion, as Torres, despite being represented by counsel, personally served the employer's carrier, violating the rule that a party in interest cannot effectuate service.

Workers' CompensationAppealReconsideration DeniedProof of ServiceOccupational InjuryAdministrative ReviewAbuse of DiscretionThird DepartmentAppellate DivisionBoard Review
References
1
Case No. MISSING
Regular Panel Decision

Torres v. Astrue

Orlando Torres, the plaintiff, initiated this action under 42 U.S.C. §§ 405(g) and 1383(c)(3) to challenge the final determination by the Commissioner of Social Security, which found him not disabled and thus ineligible for supplemental security income and disability insurance benefits. Plaintiff had previously filed applications in 2004, alleging disability due to various impairments, which were denied by an Administrative Law Judge (ALJ) and subsequently by the Appeals Council. Both parties filed motions for judgment on the pleadings. The court, reviewing the ALJ's five-step disability evaluation process and the substantial evidence standard, ultimately concluded that the ALJ's determination was supported by sufficient evidence. Consequently, the Commissioner's motion was granted, the plaintiff's motion was denied, and the complaint was dismissed, upholding the finding that Orlando Torres is not disabled.

Social Security ActDisability BenefitsSupplemental Security IncomeAdministrative Law JudgeResidual Functional CapacityTreating Physician RuleSubstantial Evidence ReviewBack ImpairmentSpondylolisthesisChronic Pain
References
25
Case No. MISSING
Regular Panel Decision
Feb 20, 2002

Frank v. Plaza Construction Corp.

Plaintiff Frank filed suit against Plaza Construction Corporation, Fisher Brothers, and Steven Fisher alleging sexual harassment, gender-based disparate treatment, disability discrimination under the ADA for dyslexia, and retaliatory discharge. The court denied defendants' motion for summary judgment regarding the Title VII sexual harassment claims (hostile work environment and quid pro quo) and the disparate treatment claim. However, the ADA claim was dismissed as Frank failed to provide sufficient evidence of a substantially limiting impairment. The retaliatory discharge claim was partially dismissed, surviving only in relation to alleged complaints about sexual harassment by Peter Hulbert.

Employment DiscriminationSexual HarassmentHostile Work EnvironmentQuid Pro Quo HarassmentRetaliatory DischargeADA ClaimDyslexiaSummary Judgment MotionTitle VIINew York State Human Rights Law
References
30
Case No. 2023 NY Slip Op 05267 [220 AD3d 882]
Regular Panel Decision
Oct 18, 2023

Omwathath v. Frank E. Basil, Inc.

Lakhram Omwathath filed an action seeking damages for wrongful death and conscious pain and suffering after the death of the decedent, who was injured while working for Frank E. Basil, Inc. The decedent and subsequently the plaintiff received workers' compensation benefits. The defendants moved to dismiss the amended complaint, arguing that the claims were barred by Workers' Compensation Law § 11. The Supreme Court granted the dismissal, which the Appellate Division, Second Department, affirmed, concluding that the claims against Frank E. Basil, Inc. were barred and no allegations were made against Data Dimensions.

wrongful deathconscious pain and sufferingworkers' compensationmotion to dismissCPLR 3211 (a)documentary evidenceemployer immunityappellate affirmanceprocedural lawstatutory bar
References
4
Showing 1-10 of 397 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