Important Recent Case Law for New York

Friday, November 22, 2013 | 0

NEW! Matter of Mallette v. Flattery's, 515501, (11/07/2013): A worker whose doctor had recommended an artificial disc-replacement procedure before she suffered a workplace injury was entitled to have the procedure paid for by her employer since her workplace injury aggravated the back problem that had given rise to her need for it to begin with, a New York appellate court ruled. 

NEW! Duffina v. County of Essex, 515346, (11/14/2013): A truck driver who suffered injuries to his brain and spinal cord when he leapt from his truck after its brakes failed should be allowed to take his Labor Law 241(6) claim to trial, as well as one of his negligence claims, a New York appellate court ruled.

NEW! Mutadir v. 80-90 Maiden Lane Del, 10929 304966/10, (10/31/2013): A carpenter who fell while standing on some milk crates to hang supports for shelving at a supermarket was entitled to summary judgment in his favor on his Labor Law Section 240(1) claim, a New York appellate court ruled.

NEW! Peat v. Fordham Hill Owners Corp., 26245/04, 85073/06, 86150/07, 83873/08, (10/31/2013): A New York appellate court upheld an $18 million jury verdict in favor of a worker who suffered severe burns on half of his body when the lacquer he was applying to a floor he was refinishing burst into flames. 

NEW! American Home Assurance Co. v. Highrise Construction Co. et al., Slip Opinion 07422, (11/12/2013): An insurer that failed to persuade the State Workers' Compensation Board to consider evidence that it cancelled a policy before a workplace accident occurred is not barred from pursuing the same argument on appeal to the Supreme Court, the New York Appellate Division, 1st Department ruled.

NEW! Antelope v. Saint Aidan's Church, 2012-08867, (10/30/2013): A worker's inability to recall how he came to fall from the catwalk above a church was fatal to his scaffold law and negligence claims, a New York appellate court ruled.

NEW! Keefe v. Aramatic Refreshment Services, No. 516662, (10/31/2013): The employer of a worker who had two compensable injuries was only liable for the payment of benefits based on the worker's earnings at the time of his later injury, not his higher wages at the time of his earlier injury, a New York appellate court ruled. 

NEW! Keneally v. 400 Fifth Realty, 10910 112031/09, (10/29/2013): Summary judgment was not appropriate for a worker's claim based on an injury from a power saw when there was a triable dispute about whether the saw had been equipped with an adequate blade guard, a New York appellate court ruled. 

NEW! Gonzalez v. Perkan Concrete Corp., 2012-05249, (10/23/2013): An injured construction worker is entitled to a second chance to prove his Labor Law claims based on an accident where a coworker ran over his foot with a Bobcat excavating machine, a New York appellate court ruled. 

NEW! Gove v. Pavarini McGovern, 10877 101981/09, (10/29/2013): A worker who tripped and fell while struggling to maintain his balance on an unguarded platform and hold on to a bundle of rebar that his coworker had lowered to him with a rope was entitled to summary judgment on his scaffold law claim, a New York appellate court ruled.

NEW! Leslie v. Hartford, 516219, (10/24/2013): Substantial evidence established that a maintenance worker who performed work at several different properties owned by a single individual was an employee of that individual's real estate business and covered by that business' comp policy, a New York appellate court ruled. 

NEW! Matter of Quartucio v. DiNapoli, 516516, (10/24/2013): A police officer was not entitled to accidental disability retirement benefits based on any of four incidents in which he suffered injuries to his knees, a New York appellate court ruled.