Split Court Denies Labor Law Protection to Fatally Injured Welder

A divided New York appellate court ruled that a welder who suffered fatal work injuries had not been hurt while engaged in activity covered by the state Labor Law. Case: Preston v. APCH Inc., No. 165 CA 18-01645, 08/22/2019, published. Facts: Eric Lehman worked for Alstom Power as a welder. Alstom sent him to help assemble an industrial apparatus weighing approximately 5 tons at a facility owned by APCH Inc. The apparatus fell from its stands onto Lehman, who died from his injuries. Procedural history: The administrator for Lehman’s estate filed suit against ...