Important Recent Case Law for New York

Monday, March 17, 2014 | 0

NEW! Morato-Rodriguez v. Riva Construction Group, 11187 303634/09, (03/04/2014): A New York appellate court ruled that a construction worker who fell from a ladder was not entitled to summary judgment on his Labor Law claim because triable issues existed as to whether he had been provided with a safe ladder to use.

NEW! Gullo v. Bellhaven Center for Geriatric & Rehabilitative Care, 2012-11228, (02/26/2014): A New York appellate court ruled that a trial judge erred in dismissing a worker's claim for civil damages based on his having contracted Hepatitis C and ordered that the matter be directed to the Workers' Compensation Board to determine whether the action should be barred by exclusivity.

NEW! Cioffi v. Target Corp., 2012-05299, (02/26/2014): A New York appellate court revived an injured worker's Labor Law claim for a fall from a ladder he was using to retrieve a tool pouch he had left hanging near the ceiling of a stockroom when he had previously been working in that area on a scissor lift. 

NEW! Ali v. State of New York, 2013-00432, (03/05/2014): A New York appellate court ruled that a person who suffered injuries while sitting in the waiting room for the New York State Workers' Compensation Board could not bring a personal injury action against the state.

NEW! West v. Titan Express, 516812, (03/06/2014): A New York appellate court rejected a worker's challenge to the denial of his doctor's request for a variance from the Workers' Compensation Board Medical Treatment Guidelines, finding the dispute to have been rendered moot.

NEW! Matter of Andrus v. DiNapoli, 517080, (02/20/2014): A New York appellate court annulled the denial of a prison guard's application for duty disability retirement benefits based on a 2009 back injury which had caused a preexisting disc problem to become symptomatic. 

NEW! Stevenson v. Yellow Roadway Corp., 516077, (02/20/2014): The widow of a truck driver who died after his truck collided with a toll booth was entitled to benefits based on evidence that he had suffered a stroke before his death, even though it was unclear whether the stroke had caused the accident or if his injuries from the accident had caused the stroke, a New York appellate court ruled. 

NEW! Matter of Baum v. Hylan Group, No. 514522, (02/13/2014): A New York appellate court said the employer of a murdered construction worker could not reopen his widow's claim for benefits seven years after his death on the basis of evidence it had allegedly just obtained suggesting that the worker's fatal shooting was tied to his connections with a notorious criminal street gang, a heavyweight boxer and a rap star. 

NEW! Malave v. Beef & Bourbon, 515273, (02/13/2014): A New York appellate court upheld an award of benefits to a worker left in a persistent vegetative state after a horrific motor vehicle accident. 

NEW! Martineau v. Ashline, 516125, (02/13/2014): A New York appellate court ruled that a dairy farm worker was entitled to benefits for her alleged injuries from a bull, finding the farm owners' claim that they didn't even know the worker was not credible.

NEW! Gumbs v. Flushing Town Center, 11287 303510/10, 02/25/2014): A divided New York appellate court ruled that a worker's medical records for health conditions that predated an on-the-job injury were not subject to discovery by the defendants in his third-party tort action.

NEW! Lebron v. SML Veteran Leather, 89 SSM 45, (02/20/2014): An employer's deliberate act of dismantling safety features of a leather-stamping machine was not so substantially certain to result in injury as to exempt a worker who was injured by the machine from the exclusivity provisions of New Jersey's workers' compensation law, New York's highest court ruled.

Gibbs v. New York City Health and Hospital Corp., 516555, (02/13/2014): A New York appellate court declined review of a self-insured employer's contest to a worker's foot injuries, as well as the administrative imposition of penalties, on the basis that there was no final order of which the employer could seek review.