New York Case Law Update

Friday, April 3, 2015 | 0

NEW! Mora v. Sky Lift Distributor Corp., 305640/09 14589 83710/12 14588, (03/24/2015): A New York appellate court ruled that a worker could proceed with one of his Labor Law claims for his injury from a falling cooling tower lid.

NEW! Czajkowski v. City of New York, (03/17/2015): A New York appellate court ruled that a construction worker whose hand was crushed by a falling window frame was entitled to summary judgment on his Labor Law Section 240(1) claim, although the court said his Section 200 and 241(6) claims should have been dismissed as a matter of law.

NEW! Matter of Seiferheld v. Kelly, 100138/12, (03/12/2015): A police officer who was caught on tape doing construction work less than one month after taking a disability retirement from the police force is entitled to continue receiving his disability pension benefits unless and until the pension board votes to suspend or reduce them, a New York appellate court ruled.

NEW! Aramburu v. Midtown West B., 14496 115043/09, (03/12/2015): A New York appellate court ruled that a worker was entitled to summary judgment on the issue of liability for his Labor Law claim.

NEW! Matter of Naughton v. DiNapoli, 519474, (03/12/2015): A New York appellate court ruled that a corrections officer who injured his knee when he bent to shackle an inmate should have had his application for duty disability retirement benefits granted.

NEW! Aponte v. NBTY, 519180, (03/12/2015): A New York appellate court ruled that a worker was no longer entitled to wage-replacement benefits because he had voluntarily departed from the labor market.

NEW! Losardo v. Baxter Healthcare Corp., 519285, (03/12/2015): A New York appellate court ruled that a worker whose medical records were devoid of any reference to a work-related back injury failed to establish the occurrence of a compensable accident.

NEW! New York State Correctional Officers and Police Benevolent Association v. New York State Department of Corrections and Community Supervision, 519108, (03/05/2015): A Department of Corrections employee who missed 22 days of work before her employer would allow her to resume her job duties after a medical leave wasn't entitled to the restoration of the sick leave credit she had used while waiting.

NEW! O'Brien v. Albany County Sheriff's Department, 517840, (03/05/2015): A municipal employer lost its ability to request a reimbursement for the wages it had continued to pay an employee during the times he was out of work because of an injury by waiting until after the worker received an award of temporary total disability benefits covering these same time periods.

NEW! Schwenger v. NYU School of Medicine, 517372, (03/05/2015): A medical researcher is limited to a recovery through the state comp system for his alleged laboratory exposure to an infectious virus, a New York appellate court ruled.

NEW! In the Matter of Empire State Transportation Workers' Compensation Trust v. Special Funds Conservation Committee, 2013-05675, (02/25/2015): A New York appellate court ruled that a group self-insurance trust didn't necessarily forfeit its entitlement to reimbursement for the benefits it had paid to a worker from the Special Disability Fund by failing to get the Conservation Committee's consent to a settlement that an injured worker had entered into.

NEW! Barclay v. Techno-Design, 518901, (02/19/2015): The manufacturer of a food-processing machine couldn't seek contribution or indemnity from a worker's employer in the worker's products liability action, as a matter of law, a New York appellate court ruled.

NEW! DaSilva v. Haks Engineers, 14085 109258/11, (02/17/2015): A New York appellate court ruled that a construction worker could not proceed with his Labor Law claims against the construction managers of a project at the Croton Falls Dam, as a matter of law.

NEW! Matter of Sheldon v. Kelly, 101210/13 13639, (02/17/2015): A New York appellate court ruled that a police officer was entitled to disability retirement benefits for her fibromyalgia and chronic pain.

NEW! Matter of Mitchell v. NRG Energy, 1391 CA 14-00871, (02/13/2015): A New York appellate court said the widow of a construction worker, who was crushed to death when the dump box of a dump truck descended on him, could proceed with some of her Labor Law claims.

NEW! Klem v. Special Response Corp., 1392 CA 13-01879, (02/13/2015): A New York appellate court reinstated a comp carrier's lien against a worker's settlement recovery from a third-party tortfeasor.

Matter of Boncimino v. New York State Comptroller, 519359, (02/11/2015): A New York appellate court ruled that a court officer was not entitled to accidental disability retirement benefits for his injuries from restraining unruly criminal defendants at the courthouse where he worked.

Hunter v. Tops Market, 519575, (02/11/2015): A workers' compensation insurance carrier was not eligible to transfer liability for a worker's claim for right wrist carpal tunnel syndrome to the Special Fund for Reopened Cases when the compensability of the diagnosis of carpal tunnel syndrome in her left wrist had not yet been resolved.

Cole v. Consolidated Edison Co. of New York, 518955, (02/11/2015): A worker who retired to avoid being terminated for cause did not voluntarily remove himself from the labor market, a New York appellate court ruled.

Matter of Scofield v. DiNapoli, 519161, (02/11/2015): A police officer and fire investigator was not entitled to disability retirement benefits for his knee injuries from two on-duty falls, a New York appellate court ruled.

Matter of Lombardo v. Otsego County Employees, 518243, (02/11/2015): A long-time municipal employer who got hurt on the job just a few weeks before the date he had planned to retire wasn't entitled to benefits after his retirement date, a New York appellate court ruled.

Matter of Gramza v. Buffalo Board of Education, 518163, (02/11/2015): A New York appellate court overturned a decision of the Workers' Compensation Board finding a school teacher had not knowingly lied about his physical capabilities in order to continue receiving benefits for an old shoulder and neck injury.

Matter of Cappelletti v. Marcellus Central School District, 518495, (02/11/2015): A New York appellate court upheld an award of workers' compensation benefits to a school teacher for her autoimmune disorder from her industrial exposure to mold.

Matter of Hershewsky v. Community General Hospital, 517625, (02/11/2015): A New York appellate court upheld the termination of a worker's entitlement to benefits after she was caught on tape walking and carrying her dog, which belied her representations as to her physical limitations from her industrial injury.

Reynoso v. Bovis Lend Lease, 2013-05902, (02/11/2015): A New York appellate court ruled that a worker who slipped and fell on accumulated ice and snow while working on the construction of the World Trade Center memorial was entitled to summary judgment on his Labor Law claim.