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. 2025 NY Slip Op 02569 [237 AD3d 1160]
Regular Panel Decision
Apr 30, 2025

Delcid-Funez v. Seasons at E. Meadow Home Owners Assn.

The plaintiff, Edwin Delcid-Funez, suffered personal injuries after falling approximately 30 feet from a condominium roof while shoveling snow, which he was doing for his employer in response to a leak complaint. He initiated an action against Seasons at East Meadow Home Owners Association, Inc., and Einsidler Management, Inc., alleging a violation of Labor Law § 240 (1). Both the plaintiff and the defendants moved for summary judgment on the issue of liability. The Supreme Court denied both motions. The Appellate Division affirmed the Supreme Court's order, concluding that triable issues of fact remain regarding whether the plaintiff was engaged in an enumerated activity under Labor Law § 240 (1) and whether his actions constituted the sole proximate cause of his injuries.

Labor LawSafe Place to WorkSnow ShovelingRoof FallPersonal InjurySummary JudgmentLiabilityElevated Work SiteProximate CauseAppellate Review
References
9
Case No. FRE 0147567
Significant
Jan 24, 2002

MARIA YOLANDA JIMENEZ vs. SAN JOAQUIN VALLEY LABOR, SUPERIOR NATIONAL INSURANCE COMPANY

The Board holds that an industrially injured seasonal employee's vocational rehabilitation maintenance allowance (VRMA) should be calculated at two-tiered rates, reflecting in-season and off-season earning capacity, similar to temporary disability indemnity. The case is remanded to determine the applicant's off-season earning capacity.

Seasonal farm laborerVocational Rehabilitation Maintenance Allowance (VRMA)Temporary Disability Indemnity (TDI)In-season earnings capacityOff-season earnings capacityAverage weekly earningsLabor Code section 139.5En banc decisionEarning capacity benchmarkTwo-tiered award
References
38
Case No. MISSING
Regular Panel Decision

DeLeon v. Gurda Farms, Inc. (In Re Gurda Farms, Inc.)

This case involves an appeal by thirteen migrant seasonal farmworkers (plaintiffs-appellants), who are creditors of defendants-bankrupts Gurda Farms, Inc. and Stanley Gurda. The farmworkers challenged a Bankruptcy Court order that denied their request to proceed in forma pauperis (without payment of fees) in their appeal. The plaintiffs had previously obtained a judgment against the defendants under the Farm Labor Contractor Registration Act of 1963 and were prosecuting that action in forma pauperis when the defendants filed for bankruptcy, automatically staying the civil suit. The core legal question is whether 28 U.S.C. § 1915(a), which allows individuals to proceed in forma pauperis, is applicable to creditors appealing a bankruptcy court's decision, especially given the Supreme Court's ruling in United States v. Kras. The District Court distinguished this case from Kras, noting the plaintiffs' pre-existing in forma pauperis status and the minimal impact on the bankruptcy system's self-supporting goal. The court granted the plaintiffs leave to prosecute this appeal in forma pauperis.

In Forma PauperisBankruptcy AppealCreditor RightsFarm Labor Contractor Registration ActStatutory InterpretationConstitutional LawDue ProcessEqual ProtectionReferees' Salary ActBankruptcy Fees
References
13
Case No. MISSING
Regular Panel Decision

Gress v. Brown

Plaintiffs, seasonal sanitation employees of the City of Buffalo, initiated a class action alleging that the City and Mayor Byron Brown failed to pay them in accordance with the Buffalo Living Wage Ordinance. Defendants, including the Buffalo Fiscal Stability Authority (BFSA), appealed a judgment that granted plaintiffs partial summary judgment, declaring the BFSA lacked authority to freeze their wages. The court rejected defendants' argument that the action was a CPLR article 78 proceeding, thus a four-month statute of limitations did not apply, finding the action primarily sought damages for wage violations. It further affirmed that the BFSA's wage freeze was inapplicable to plaintiffs because their wage increases stemmed from the Living Wage Ordinance, not a collective bargaining agreement, placing them outside the BFSA's authority.

Living Wage OrdinanceWage DisputeClass ActionBuffalo Fiscal Stability AuthorityPublic Authorities LawMunicipal EmployeesWage FreezeSummary JudgmentStatute of LimitationsCollective Bargaining
References
3
Case No. ADJ2440985 (EUR 0037746)
Regular
Mar 03, 2014

FRANK MCCOVEY vs. WAYNE BARE TRUCKING, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration to amend the applicant's temporary disability rate. The applicant, a truck driver, sustained bilateral knee injuries in August 2003. The Board corrected the applicant's average weekly earnings during the logging season to $947.08, resulting in a temporary disability rate of $631.39 per week. Additionally, the off-season temporary disability rate was adjusted to the statutory minimum of $126.00 per week based on the applicant's limited off-season earnings. The established dates for the logging season, March 15 to December 15, were affirmed.

Wayne Bare TruckingState Compensation Insurance FundFrank McCoveyADJ2440985EUR 0037746Petition for ReconsiderationFindings and Awardbilateral kneestemporary disabilityaverage weekly earnings
References
4
Case No. WCB Case No. G0789642
Regular Panel Decision
Jan 24, 2023

Matter of Molloy v. New York State Workers' Compensation Board

The claimant, Elizabeth Kempf, appealed a Workers' Compensation Law Judge (WCLJ) decision from October 31, 2022, regarding the calculation of her average weekly wage (AWW). The WCLJ found that the claimant was a seasonal worker and established her AWW based on earnings from the year prior to the accident, totaling $29,679.99, resulting in a temporary rate of $395.73. The claimant argued that her employment was not seasonal because she was prepared to work year-round and that her AWW should include concurrent earnings from a second job as a tax preparer. The Board Panel, after reviewing the evidence, affirmed the WCLJ's finding that the claimant's primary employment as a teacher's aide was seasonal and that her AWW calculation was correct, including only the wages from her seasonal employment due to the lack of evidence supporting a claim for concurrent employment.

Workers' CompensationAverage Weekly WageSeasonal EmploymentConcurrent EmploymentTeacher's AideWCLJ DecisionBoard Panel ReviewEarnings CalculationClaimant AppealWage Earning Capacity
References
2
Case No. FRE 0147567
En Banc
Jan 24, 2002

Maria Yolanda Jimenez vs. San Joaquin Valley Labor, Superior National Insurance Company

The Board holds that an industrially injured seasonal employee is entitled to two separate temporary disability indemnity rates based on their in-season and off-season earning capacity, and consequently, their Vocational Rehabilitation Maintenance Allowance (VRMA) should also be a two-tiered award corresponding to those rates.

Workers' Compensation Appeals BoardEn Banc DecisionReconsiderationFindings and AwardSeasonal Farm LaborerTemporary Disability IndemnityVocational Rehabilitation Maintenance Allowance (VRMA)Average Weekly EarningsEarning CapacityIn-Season Rate
References
37
Case No. ADJ4216095 (BAK 0149327)
Regular
Oct 25, 2010

ALICIA NUNEZ ARREOLA vs. SUNTREAT PACKING, STATE COMPENSATION INSURANCE FUND

This case concerns a seasonal worker who sustained an industrial injury to her right shoulder and cervical spine. The defendant sought reconsideration of the permanent disability rate awarded by the WCJ, arguing it was miscalculated for a seasonal employee. The Appeals Board granted reconsideration, finding the WCJ erred in calculating the rate by focusing solely on in-season earnings. The Board amended the award, establishing the permanent disability rate based on the applicant's actual annual earnings, which resulted in a lower rate than initially awarded.

WCABPetition for ReconsiderationFindings and AwardSeasonal workerTemporary disabilityPermanent disabilityStipulationLabor Code section 4453(c)(4)Earning capacityMontana
References
2
Case No. MISSING
Regular Panel Decision

Claim of Lickona v. New York State Department of Mental Hygiene

This case involves an appeal from a decision awarding workers' compensation benefits for disability to a power plant helper at Hudson River State Hospital. The claimant was injured shortly after beginning work and resigned to pursue graduate studies, leading to a dispute over the calculation of the average weekly wage. The central issue was whether subdivision 2 or 3 of section 14 of the Workmen’s Compensation Law should apply. Appellants argued the claimant was a seasonal worker, necessitating subdivision 3, but the Board found the employment was not seasonal and that claimant was not a seasonal worker. The Board's decision to apply subdivision 2, based on a stipulation regarding a similar worker's earnings, was affirmed on appeal.

Workers' Compensation LawAverage Weekly WageSeasonal WorkerPower Plant HelperDisability CompensationGraduate Student FellowshipStipulation of WagesSubdivision 2 Section 14Subdivision 3 Section 14Appeal Decision
References
3
Case No. MISSING
Regular Panel Decision

Austin v. Cornell University

This age discrimination lawsuit involves plaintiffs Edward W. Austin and Henry L. McPeak, former seasonal golf course rangers, suing Cornell University and individual defendants Richard Costello and William Szabo. Plaintiffs allege age discrimination after Cornell decided not to rehire them for the 1993 golf season. The court denied defendants' motion for summary judgment regarding unlawful refusal to hire, finding genuine issues of material fact concerning discriminatory intent. However, summary judgment was granted for unlawful termination claims, as plaintiffs were seasonal employees. The court also denied the motion to dismiss individual defendants, confirming their potential liability under ADEA given their supervisory control. Finally, the defendants' motion to strike a paragraph referring to settlement discussions was granted.

Age Discrimination Employment Act (ADEA)Summary Judgment MotionUnlawful Refusal to HireSeasonal EmployeesIndividual Supervisor LiabilityPretextual DiscriminationPrima Facie CaseEmployment DecisionCornell UniversityGolf Course Rangers
References
25
Showing 1-10 of 73 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