Important Recent New York Case Law

Saturday, May 30, 2009 | 0

NEW! Renteria v. Santino's Cafe, et al., 506211 (05/28/2009): The severe worsening of a claimant's back condition while he visited his mother in another state did not constitute a new accident or injury.

NEW! Ray vs. The City of New York, 644 102868/04 (05/26/2009): Since plaintiff's injuries were attributable at least in part to defendants' failure to provide proper protection as mandated by the statute, his motion for summary judgment on the issue of liability thereunder should have been granted.

Govan v. NYC Health and Hospitals Corp., 503312 (05/21/2009): Substantial evidence supports the Board's decision in that no contrary medical testimony was offered, that is, no other medical expert testified that claimant, as of the hearing, was permanently totally disabled.

Hanna v. Able Body Labor, 505906 (05/21/2009): Despite claimant's initial pro se status, she obtained counsel prior to the filing of the WCLJ's decision and was represented throughout the entirety of the appeal process before the Board, giving her ample opportunity to request remittal for further development of the record.

JT Magen v. Hartford Fire Insurance Company, et al., 113095/06 (05/14/2009): Because JT Magen, IDA and Magen David Yeshiva were all insureds, Hartford's disclaimer was untimely under section 3420(d).

Misicki v. Caradonna, 03764 (05/12/2009): New York's highest court clarified that workers may base a Labor Law 241(6) claim on an alleged violation of an Industrial Code section requiring owners and contractors to inspect construction equipment for structural defects, and if necessary, repair it.

Lynch v. Buffalo Bills, et al., 505606 (05/07/2009): The Special Fund for Reopened Cases is responsible for a former football player's permanent partial disability claim.