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Case Law Database

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

Case No. MISSING
Regular Panel Decision

Williams v. Forbes

Joseph Patrick Williams was injured in a 1984 fall at the Armbrusters' property where William Forbes was a general contractor. Williams, who received workers' compensation benefits, sued Forbes and the Armbrusters. Forbes, having impleaded Williams's employers David Rowe and D. Rowe Home Improvements, sought to amend his answer to include a Workers' Compensation Law defense and moved for summary judgment, which the court denied, although it granted the Armbrusters' cross-motion for summary judgment. Forbes appealed the denial of his summary judgment motion. Williams subsequently moved to dismiss Forbes's appeal as untimely. The court denied Williams's motion, ruling that the 30-day appeal period under CPLR 5513(a) only begins when the appellant is served notice of entry by the prevailing party, not by co-defendants like the Armbrusters. Consequently, Forbes's appeal was deemed timely.

AppealTimeliness of AppealService of NoticeCPLR 5513Workers' Compensation DefenseSummary JudgmentMotion to DismissNassau CountyAppellate DivisionPrevailing Party
References
8
Case No. ADJ7981413; ADJ2876358
Regular
Jun 03, 2025

LORI WILLIAMS vs. WEBCOR BUILDERS, ZURICH NORTH AMERICA

Applicant Lori Williams filed a petition to disqualify WCJ Elizabeth Dehn, alleging bias due to inexperience, ignored medical treatment requests, and lack of penalties. The Workers' Compensation Appeals Board (WCAB) considered the petition and the WCJ's report. The WCAB, adopting the WCJ's report, denied the petition, citing that the petition lacked detailed facts under penalty of perjury as required by WCAB Rule 10960 and failed to establish grounds for disqualification under Labor Code section 5311 and Code of Civil Procedure section 641(f) and (g). The WCJ stated that no rulings were made on medical treatment or penalties during the status conference, and denied any bias.

Petition for DisqualificationWCJ DisqualificationLabor Code 5311Code of Civil Procedure 641BiasEnmityUnqualified OpinionAffidavitsDeclaration Under Penalty of PerjuryVerified Allegations
References
8
Case No. MISSING
Regular Panel Decision

Williams v. New York City Housing Authority

Plaintiffs Gregory Williams and Leroy Williams, African-American caretakers, sued the New York City Housing Authority (NYCHA) for hostile work environment and retaliation under Title VII. The complaint arose after they discovered a noose hanging in their supervisor's office. Despite its removal upon confrontation and a formal complaint, plaintiffs alleged subsequent retaliatory treatment. NYCHA filed a Rule 12(b)(6) motion to dismiss the hostile work environment claim, arguing the conduct was not severe or pervasive enough. The District Court denied NYCHA's motion, emphasizing the profound and intimidating historical significance of a noose as a symbol of racial violence, particularly when displayed by a white supervisor.

Hostile Work EnvironmentRacial DiscriminationRetaliationTitle VIIWorkplace HarassmentNoose SymbolismDistrict Court DecisionMotion to Dismiss DeniedAfrican-Americans' RightsSupervisor Misconduct
References
23
Case No. MISSING
Regular Panel Decision
Jul 25, 2006

Williams v. 520 Madison Partnership

Plaintiff Trevor Williams was injured on June 3, 2002, when a scaffold basket he was using to repair a 43-story building moved due to a gust of wind, causing him to fall. The Supreme Court, New York County, initially granted Williams' motion for partial summary judgment on his Labor Law § 240 (1) claim and denied defendants' cross-motion. This appellate order unanimously affirmed that decision. The court found that the scaffold provided was inadequate, violating Labor Law § 240 (1), and this violation was a proximate cause of Williams' injuries. It rejected the defendants' arguments that the gust of wind was an unforeseeable intervening act or that Williams' actions constituted comparative negligence.

Labor Law Section 240(1)Scaffold AccidentPersonal InjurySummary JudgmentProximate CauseForeseeabilityIntervening ActComparative NegligenceConstruction AccidentWorkplace Safety
References
9
Case No. MISSING
Regular Panel Decision

Williams v. Axelrod

Deon Williams, a two-year-old with sickle-cell anemia, was a participant in the WIC program. His benefits were terminated after his mother, Doris Williams, had a physical altercation with a caseworker at Bronx-Lebanon Hospital. An Administrative Law Judge upheld the termination, but Deon Williams, through his mother, initiated a CPLR Article 78 proceeding against David Axelrod, Commissioner of the New York State Department of Health, seeking reinstatement of his benefits. The court found that Deon met all eligibility requirements and should not be penalized for his mother's actions, citing judicial precedents that protect children from losing public assistance due to parental misconduct. The court ultimately held that the ALJ's determination was arbitrary, capricious, and contrary to law, ordering the reinstatement of Deon Williams' WIC certification and restoration of withheld benefits.

WIC ProgramChild Nutrition ActPublic Assistance BenefitsSickle-Cell AnemiaParental MisconductCPLR Article 78Administrative ReviewBenefit TerminationChild WelfareDue Process
References
5
Case No. MISSING
Regular Panel Decision

Williams v. Chase Manhattan Bank, N.A.

Plaintiff Mildred W. Williams, a black female, filed a federal lawsuit against Chase Manhattan Bank alleging racial discrimination under 42 U.S.C. § 1981 and New York State Human Rights Law. Williams claimed she was denied promotions from Assistant Manager to Branch Manager and Assistant Manager to Assistant Treasurer, and subjected to harassment based on her race. The court addressed Williams' motion to file a second amended complaint and Chase's motion to dismiss. Applying the precedent set in Patterson v. McLean Credit Union, the court granted Williams' motion to amend, allowing her claim regarding the denial of promotion to Assistant Treasurer, as it constituted a "new and distinct relation" with the employer. However, the claim for denial of promotion to Branch Manager was dismissed for not meeting this criterion. The court also maintained pendent jurisdiction over Williams' state racial harassment claims.

Racial DiscriminationEmployment DiscriminationMotion to AmendMotion to DismissCivil Rights Act of 1866New York State Human Rights LawPatterson v. McLean Credit UnionPromotion DenialAssistant Manager to Assistant TreasurerContinuing Violations Doctrine
References
30
Case No. MISSING
Regular Panel Decision

Williams v. Brantley

Plaintiff Robert Williams sued defendant Hugh Brantley in state court for malicious prosecution and false arrest after criminal harassment charges brought by Brantley were dismissed. Brantley, an attorney for federally funded Western New York Rural Legal Services, removed the case to federal court under 28 U.S.C. § 1442(a)(1), claiming he acted under the color of his federal office. Williams moved to remand the case to state court, arguing Brantley lacked a federal immunity defense. The court, citing Willingham v. Morgan, found that Brantley raised a colorable defense of absolute or qualified immunity, distinguishing Ferri v. Ackerman. The federal court held it was the appropriate forum to decide the merits of Brantley's defense, and consequently, Williams' motion to remand was denied.

Federal Officer RemovalMalicious ProsecutionFalse ArrestFederal ImmunityColor of OfficeRural Legal ServicesMotion to Remand28 U.S.C. 1442(a)(1)Immunity DefenseMigrant Labor Camp
References
4
Case No. ADJ9272008, ADJ9216258
Regular
Apr 28, 2015

LORI SILVA vs. VOLK ENTERPRISES, INC., FIRST COMP INSURANCE COMPANY

The Workers' Compensation Appeals Board denied Lori Silva's petition for reconsideration and removal. This petition challenged a prior order denying her request to dismiss or stay small claims actions. The Board found Silva's arguments without merit, adopting the WCJ's report which stated the relief requested in her initial petition had already been granted by vacating the prior order and setting a status conference. The Board also admonished both defense and applicant's attorneys for procedural violations.

WCABPetition for ReconsiderationPetition for RemovalWCJWCAB Rule 10859WCAB Rule 10843(d)WCAB Rule 10842(c)Administrative Director Rule 10205.12(a)(4)WCAB Rule 10845(a)DOR
References
0
Case No. CV-23-1977
Regular Panel Decision
Apr 17, 2025

In the Matter of the Claim of William Jehle

The Workers' Compensation Board affirmed an award of counsel fees to the claimant's attorney, William Jehle, as a lien against the employer's reimbursement. The employer, DOCCS Coxsackie Correctional Facility, appealed this decision. The court, led by Aarons, J.P., reviewed the application of Workers' Compensation Law § 24 (2) (b) and § 24 (4). The decision clarified that counsel fees can be awarded as a lien on compensation even if it's subject to employer reimbursement, especially when the award increases previous periods of disability benefits. The court affirmed the Board's decision, noting the employer remains eligible for full reimbursement from future compensation awards.

Counsel FeesWorkers' Compensation LawLien on AwardEmployer ReimbursementTemporary Total DisabilityAppellate ReviewStatutory InterpretationJudicial DepartmentWorkers' Compensation BoardLegal Precedent
References
4
Case No. 534485
Regular Panel Decision
Nov 17, 2022

In the Matter of the Claim of William Grimaldi

Claimant William Grimaldi sustained work-related injuries in 2007 and 2008. The Workers' Compensation Board (WCB) initially erred in calculating the payment rate for the 2007 claim, leading to a prior appeal where this Court remitted the matter for re-computation based on the claimant's average weekly wage at the time of the 2007 injury for awards made after December 23, 2013. In a May 2021 decision, the Board correctly applied the rate but limited its application to a specific period and reduced counsel fees. While claimant's subsequent appeal of this May 2021 decision was pending, the Board, on its own motion, reviewed and amended its decision in June 2022. The amended decision directed that all continuing awards for the 2007 claim be paid at the rate based on the 2007 earnings and granted the full requested counsel fees. As the Board's subsequent decision rendered the appeal moot, this Court dismissed the appeal and assessed costs against the Workers' Compensation Board for the expenses incurred by the claimant in perfecting an unnecessary appeal.

Workers' CompensationAppellate ReviewMootnessWage Earning CapacityPayment RateAverage Weekly WageCounsel FeesBoard ReconsiderationCosts on AppealPermanent Partial Disability
References
8
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