Important Recent New York Case Law

Monday, January 24, 2011 | 0

NEW! Ted Cullin v. Alton D. Makely et al., 509917, (01/20/2011): An employee standing on scaffolding that collapsed suffered a grave injury when he had to have his leg amputated to control pain entitling the property owners he sued under Labor Law 240 and 241 to indemnification from his employer, the 3rd Appellate Department of the New York Supreme Court ruled.

NEW! In the Matter of the Claim of Chester Lloyd, 509050, (01/20/2011): A worker who injured his back after slipping on ice in his employer's parking lot was totally disabled because of the accident and not a preexisting condition, precluding reimbursement from the Special Disability Fund, the 3rd Appellate Division of the New York Supreme Court ruled.

NEW! In the Matter of the Claim of Maya Kakuriev, 509688, (01/20/2011): Without a showing that an injured worker's preexisting condition hindered her job performance, the Workers' Compensation Board lacked evidence to support its decision to reimburse an employer from the Special Disability Fund, the 3rd Appellate Division of the New York Supreme Court ruled.

NEW! In the Matter of the Claim of Anthony Fayo, 509609, (01/20/2011): The Workers' Compensation Board did not err in awarding death benefits to the widower of an injured worker who overdosed on medication prescribed to manage pain associated with the work injury, the 3rd Judicial Appellate Division of the New York Supreme Court ruled.

NEW! Nora Teresa Devlin, et al., v. Blaggards III Restaurant Corp., etc., et al., 4067 113986/07 4067A, (01/18/2011): A property owner in only liable for damages if it fails to repair significant or structural defects, the 1st Department of the New York Supreme Court Appellate Division ruled in dismissing a negligence claim brought by restaurant worker who slipped because of a leaking air conditioner.

NEW! Smith v. Broadway 110 Developers, et al.,  4059 107091/06 590837/06, (01/18/2011): A contractor must indemnify and provide a property owner with a defense against an injured scaffold workers suit, a New York appellate court ruled.

Nicole Maw v. Wal-Mart, et al., 508962, (01/13/2011): An 18-year-old high school student working as a sales associate for Wal-Mart had not taken sufficient steps toward a dance career to support a wage-expectancy adjustment based on possible earnings as a professional dancer or choreographer, the 3rd Judicial Department of the New York Supreme Court Appellate Division ruled.

Funke v. Eastern Suffolk BOCES, et al., 510058, (01/13/2011): A claimant's failure to look for work was not a sufficient reason to deny post-retirement benefits after the State Workers' Compensation Board found the claimant was forced to retire because of a disability, the 3rd Judicial Department of the New York Supreme Court Appellate Division ruled.

Smith v. Northern Lights, et al., 509798, (01/13/2011): A motel management service is not liable for the sexual assault of a motel clerk because its service contract expired three months before the assault.

Moran v. 200 Varick Street Associates, 2010-02475, (01/11/2011): A lack of state-required safety railings on a scaffold helped an injured worker win summary judgment on his Labor Law claims.