Important Recent Case Law for New York
Wednesday, March 20, 2013 | 0
NEW! Matter of Claim of Minichelli v. Maine-Endwell Cent. Sch. Dist., 513072, (03/14/2013): An employer was not entitled to reimbursement from the Special Disability Fund for a worker's preexisting medical conditions since substantial evidence indicated that these conditions did not hinder her ability to work.
NEW! Matter of Claim of Perez v. Mondial Tiles, Inc., 513380, (03/14/2013): A laborer whose doctors diagnosed him as having had a hemorrhagic stroke while struggling to carry a heavy piece of marble up some stairs introduced sufficient evidence to link his injury to his employment.
NEW! DelRosario v. United Nations Fed. Credit Union, 9533, (03/14/2013): A carpenter is entitled to summary judgment on two Scaffold Law claims after proving that an electrical shock caused him to fall off a ladder, a New York appellate court concluded.
NEW! Clavijo v. Atlas Terms., LLC, 9506, (03/12/2013): A worker who fell through the floor on the mezzanine level of a building was entitled to summary judgment on the issue of liability for his Labor Law Section 240(1) claim.
NEW! Alonzo v. Safe Harbors of the Hudson Hous. Dev. Fund. Co., Inc., 8818, (03/12/2013): A New York construction worker was entitled to summary judgment as to the issue of liability for his fall through an unprotected opening in the floor of a jobsite.
NEW! Torres v. Perry St. Dev. Corp., 2011-10723, (03/06/2013): A New York appellate panel has revived a lawsuit against a property owner and construction manager for alleged Labor Law violations by an individual who purported to have been the employee of a subcontractor involved in the construction project and claimed to have been injured when another worker fell from a ladder and landed on top of him.
NEW! Matter of Claim of Sterne, 514790, (03/07/2013): The Department of Labor could recover its overpayment and forfeiture penalties from a New York worker who collected Social Security disability benefits on the basis of his claim that he was unable to work while simultaneously collecting unemployment benefits.
NEW! Burnett v. City of New York, 9451-9452, (03/07/2013): A New York municipal worker who slipped and fell on a subway track − suffering a broken ankle, shoulder injury and seizures as a result − was entitled to summary judgment on the issue of his employer's liability.
NEW! Agresti v. Silverstein Props., Inc., 9434, (03/05/2013): A worker injured by a plank which fell from a makeshift scaffold was entitled to summary judgment on the issue of liability for his Labor Law claim.
NEW! Matter of Held v. State of NY Workers' Comp Bd, 514591 , (02/28/2013): A New York appellate court rejected challenges by a collection of group self-insured trusts to the assessments levied upon them by the Workers' Compensation Board.
NEW! Coleman v. Compass Group USA Inc. et al., 01304, (02/28/2013): An injured worker was allowed to back out of an agreement settling her claim that she was fired for filing a workers’ compensation claim because the agreement had not been approved by the Workers’ Compensation Board, a New York appellate court ruled.
Matter of Claim of Runge v. National League of Baseball, 513896, (02/21/2013): A carrier that for several years voluntarily paid medical expenses for a professional baseball umpire's 1997 knee injury cannot later prevent the umpire from re-opening his claim by arguing that the request time-barred, ruled the Appellate Division of the Supreme Court of New York, 3rd Department.
Matter of Claim of Bailey v. Binghamton Precast & Supply Corp., 514295, (02/21/2013): The widow of a morbidly obese truck driver with a history of heart problems was not entitled to workers' compensation benefits because she failed to prove his death was related to his employment, a New York appellate panel ruled.
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