Important Recent Case Law for New York
Wednesday, January 15, 2014 | 0
NEW! Ruggiere v. Cablevision of New York City - Phase I, 11417 20704/10, (12/31/2013): A worker could not recover against his employer or his employer's landlord for his injuries from a slip and fall in the parking lot of his workplace, a New York appellate court ruled.
NEW! Hartshorne v. Pengat Technical Inspections, 2012-10405, (12/26/2013): A general contractor was not liable as a matter of law to the employee of a subcontractor who suffered injuries from an allegedly dangerous condition at his worksite, a New York appellate court ruled.
NEW! Zarnoch v. Luckina, 1252 CA 13-00824, (12/27/2013): A New York appellate court ruled that a construction worker who was allegedly injured when a wall he was helping to raise fell on him established that his injury was from a gravity-related risk.
NEW! Dixson v. Waterways at Bay Point Home Owners Association, 2012-05148, (12/26/2013): A worker's injuries sustained while preparing to engage in painting work for a homeowner’s association were not in the course of "routine maintenance," but rather, were part of the painting work, a New York appellate court ruled.
NEW! Sandell v. Frito Lay, 515418, (12/26/2013): A New York appellate court ruled that a worker's inability to identify the specific product at his workplace which was causing his respiratory problems was not fatal to his claim for benefits based on his hypersensitivity pneumonitis.
NEW! Banton v. New York City Department of Corrections, 516574, (12/19/2013); Wolfe v. New York City Department of Corrections, 516606, (12/19/2013), and Toledo v. New York City Administration for Children Services, 516883, (12/19/2013): The Appellate Division of the 3rd Judicial Department upheld the assessment of penalties against claimant attorneys in three separate cases for making groundless requests for a change of venue for proceedings before the Workers' Compensation Board.
NEW! In the Matter of the Estate of Velasquez v. NGA Construction Co., 516773, (12/05/2013): The insurance carrier for the contractor that hired an out-of-state contractor that did not have comp coverage for accidents in New York was liable for the benefits payable for the death of the subcontractor's employee while the employee was in New York, a New York appellate court ruled.
NEW! Portes v. New York State Thruway Authority, 516749, (12/05/2013): A worker who fell when a suspension cable supporting a scaffold for a painting project broke was entitled to summary judgment on his claim for a violation of Labor Law Section 240(1).
NEW! Matter of Korthals v. Valu Home Centers, 516810, (12/05/2013): A New York appellate court ruled that the Special Fund for Reopened Cases was not liable for the benefits being paid to a worker for a 2003 accident because the worker's 2003 claim was effectively reopened in 2009 when a doctor apportioned liability for the worker's disability between the 2003 injury and a 2009 injury.
NEW! Matter of White v. Consolidated Edison, No. 516874, (12/05/2013): A New York appellate court ruled that the Special Fund for Reopened Cases was not liable for the benefits being paid to a worker for a 2003 accident since his claim based on the 2003 accident had been reopened in 2009.
NEW! Youseff v. Malik, 2012-08199, (12/04/2013): A homeowner was not liable under Labor Law Section 240(1) for a construction worker's fall off of a ladder, and her husband, the employer of the construction worker, was immune from liability to the worker as a co-employee, a New York appellate court ruled.
NEW! Mehra v. City of New York, 11219N, 260666/11, (12/03/2013): A worker's eight-month delay in issuing notice of his alleged workplace injury from a fall from a scaffold was not excusable, and so his claim was time-barred, a New York appellate court ruled.
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