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

Case No. ADJ19479057
Regular
Aug 26, 2025

GERALD TORRES vs. PRO DEO FOUNDATION, STATE COMPENSATION INSURANCE FUND

Defendant, Pro Deo Foundation and State Compensation Insurance Fund, petitioned for reconsideration of a WCJ's decision, which found Gerald Torres to be an employee of Pro Deo Foundation. Defendant contended Torres was a volunteer or independent contractor and should be judicially estopped from claiming workers' compensation due to a prior settlement. The Workers' Compensation Appeals Board affirmed the WCJ's finding of employment, emphasizing the WCJ's credibility determinations and concluding that the defendant failed to satisfy the 'ABC' test for independent contractor status. The Board timely acted on and subsequently denied the petition for reconsideration.

Workers' CompensationPro Deo FoundationState Compensation Insurance FundGerald TorresADJ19479057Petition for ReconsiderationFindings of Fact and OrdersEmployee StatusVolunteerIndependent Contractor
References
7
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. 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. 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. 2017 NY Slip Op 08467 [156 AD3d 410]
Regular Panel Decision
Dec 05, 2017

Torres v. Love Lane Mews, LLC

In this appellate case, Hilarion Torres, a construction worker, was allegedly injured by falling bricks at a construction site involving Love Lane Mews, LLC and Red Hook Construction Group-I, LLC. The Supreme Court initially denied Torres's motion for partial summary judgment on his Labor Law § 240 (1) claim, dismissed Labor Law § 200 and common-law negligence claims against Red Hook, and dismissed the Labor Law § 241 (6) claim. It also granted Love Lane's motion for contractual indemnification against third-party defendant Galaxy General Contracting Corp. The Appellate Division, First Department, modified the Supreme Court's order, reinstating the Labor Law § 200 and common-law negligence claims against Red Hook due to unresolved factual issues regarding Red Hook's control over the injury-producing work. All other aspects of the Supreme Court's decision were affirmed.

Construction AccidentFalling ObjectsLabor LawSummary Judgment MotionContractual IndemnificationVicarious LiabilityAppellate Division First DepartmentBronx County Supreme CourtDemolition WorkWorkplace Safety
References
5
Case No. 2015 NY Slip Op 05466 [129 AD3d 1058]
Regular Panel Decision
Jun 24, 2015

Torres v. St. Francis College

Oscar Torres, a janitor, sustained personal injuries after falling from a ladder while cleaning a basketball backboard at St. Francis College. He, along with his wife, brought an action against St. Francis College alleging common-law negligence and violations of Labor Law §§ 200 and 240 (1). The Supreme Court granted summary judgment to the defendant, dismissing these causes of action. The Appellate Division, Second Department, affirmed the judgment, finding that the injured plaintiff's work constituted routine maintenance not covered by Labor Law § 240 (1). The court also found no evidence that the defendant created or had notice of a dangerous condition, or had the authority to supervise the plaintiff's work methods, thus dismissing claims under Labor Law § 200 and common-law negligence.

Personal InjuryLabor LawWorkplace SafetySummary JudgmentAppellate ReviewRoutine MaintenanceElevation RisksCommon-Law NegligenceLadder FallPremises Liability
References
17
Case No. 2018 NY Slip Op 06837
Regular Panel Decision
Oct 11, 2018

Matter of Torres v. St. Luke's Roosevelt Hosp.

Londa Torres, a nurse, sustained work-related injuries including carpal and cubital tunnel syndromes and reflex sympathetic dystrophy in 2008. In 2013, she was classified with a permanent partial disability with a 57.5% loss of wage-earning capacity. In 2015, claimant sought reclassification to a permanent total disability due to worsening conditions, which was denied by the Workers' Compensation Law Judge and subsequently upheld by the Workers' Compensation Board. The Appellate Division, Third Department, affirmed the Board's decision, finding that substantial record evidence supported the determination that claimant failed to demonstrate a sufficient change in her medical condition to warrant reclassification, despite testimony from her treating physicians, as conflicting medical opinions were resolved by the Board.

Workers' CompensationPermanent Partial DisabilityPermanent Total DisabilityReclassificationMedical ConditionReflex Sympathetic DystrophyCarpal Tunnel SyndromeCubital Tunnel SyndromeAppellate ReviewBoard Decision
References
8
Case No. MISSING
Regular Panel Decision

Torres v. VILLAGE OF SLEEPY HOLLOW

Plaintiff Josué Torres, a former summer seasonal manual laborer for the Village of Sleepy Hollow, filed a motion for partial summary judgment on his First Amendment retaliation claim against defendant Joseph De-Feo, the Superintendent of the Village. Torres alleged he was not rehired in 2004 due to a pending police brutality claim against the Village, after a wrist injury prevented him from working in 2003. The court denied Torres' motion, finding numerous disputed material facts that precluded summary judgment. These facts included De-Feo's reasons for not recommending Torres for rehire and whether De-Feo knew about Torres' pending claim against the Village at the time.

Summary JudgmentFirst Amendment RetaliationEmployment LawSeasonal EmploymentPublic Works DepartmentHiring DiscriminationPolice Brutality AllegationMaterial Facts in DisputeDenial of MotionFederal Court Case
References
2
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