Important Recent Case Law for New York
Tuesday, June 3, 2014 | 0
NEW! Canales v. Pinnacle Foods Group, 517558, (05/15/2014): An injured worker with limited vocational skills was not entitled to the continuation of temporary total disability benefits for a 12-week period during which her doctors opined that she was only partially disabled before returning to a totally disabled state, a New York appellate court ruled.
NEW! Thornton v. Riverbay Corp., 12469 308224/08 83999/09, (05/13/2014): A worker who tripped and fell over a roll of tar paper after it became dislodged from its position propping open a door could not establish a Labor Law claim premised on the roll being a "tripping hazard," a New York Appellate Court ruled.
NEW! Matter of Palmateer v. DiNapoli, 517658, (05/08/2014): A prison guard who twice hurt himself when he fell while trying to get up from his desk in response to what he thought were inmate emergencies was not entitled to duty disability benefits for his injuries, a New York appellate court ruled.
NEW! Card v. Cornell University, 517535, (05/08/2014): A New York appellate court ruled that two workers who were injured when a concrete wall fell on them while they were working on a project at Cornell University were properly allowed to proceed with at least some of their Labor Law claims.
NEW! Holmes v. Business Relocation Services, 12040 307726/11 83912/12, (05/08/2014): A divided New York appellate court ruled that summary judgment was inappropriate in a question of whether a company that contracted for a professional delivery driver through a temporary staffing agency was that driver's special employer.
NEW! Bayport Construction Corp. v. BHS Insurance Agency, 2012-10500, (05/07/2014): A New York appellate court ruled that the commercial general liability insurance carrier for a construction contractor owed no duty to defend or indemnify its insured, or the named additional insureds that had been added to its policy, from a lawsuit brought by an allegedly injured employee of the insured.
NEW! Matter of Riccelli Enterprises v. State of New York Workers' Compensation Board, No. 305 CA 13-00761, (05/02/2014): A New York appellate court ruled that the state Workers' Compensation Board was properly enjoined from collecting assessments from the members of a failed group self-insurance trust while the members' claims challenging the assessments remain pending.
NEW! Estate of Moody v. Quality Structures, 515945, (05/08/2014): The family of a construction worker who suddenly collapsed and died while at work could avail themselves of the statutory presumption that his death was compensable, a New York appellate court ruled.
NEW! Watkins v. DiNapoli, 517805, (05/01/2014): A prison guard who fell over a chair while attempting to get away from a mouse was not entitled to duty disability retirement benefits, a New York appellate court ruled.
NEW! Murati v. Harris, 12379 305840/11 873987/11, (05/01/2014): A New York appellate court ruled that a triable issue existed as to whether owners of a residential property could avail themselves of the homeowners exemption to Labor Law liability when they allegedly didn't occupy the house and were trying to sell at a significant markup within months after having bought it.
NEW! Matter of Occhino v. DiNapoli, 517656, (05/01/2014): A New York appellate court ruled that a veteran police officer was not entitled to disability retirement benefits after a head-on collision between his cruiser and an oncoming pickup truck.
NEW! Trotman v. New York State Courts, 517695, (05/01/2014): A New York appellate court ruled that a court officer who slipped and fell on the public sidewalk outside of his workplace was not entitled to workers' compensation benefits for his injuries.
NEW! DiNovo v. Bat Con, 516725, (05/01/2014): A New York appellate court ruled that an employer could not be held liable for contribution of indemnity to the general contractor on a construction project for the injuries that its employee had sustained.
NEW! Roberts v. DiNapoli, 517804, (05/01/2014): A court officer who suffered injuries when he and his colleagues dog-piled an unruly individual outside a courtroom was not entitled to accidental disability retirement benefits, a New York appellate court ruled.
NEW! Marshall v. Glenman Industrial & Commercial Contractor Corp., 516279, (05/01/2014): A New York appellate court revived a construction worker's Labor Law claim based on his trip and fall while descending a stairway.
NEW! Morocho v. Plainview-Old Bethpage Central School District, 2013-03397 and 2013-06624, (04/23/2014): A New York appellate court overturned a grant of summary judgment against a worker who fell from a ladder when one of his coworkers accidentally pulled the ladder out from underneath him while cleaning up plastic sheeting at the jobsite and ordered that judgment be entered in favor of the worker.
NEW! Patino v. Drexler, 12205 103348/11, (04/15/2014): A property where several unrelated families and a household staff lived still qualified as a "single family" dwelling for purposes of the Labor Law, a New York appellate court ruled.
NEW! Hettich v. 125 East 50th Street Co., 11113 116525/07, (04/15/2014): A New York appellate court revived a worker's Labor Law claim for his injuries from when the hoist cable on a dumbwaiter snapped, causing the dumbwaiter to fall, with him trapped inside.
NEW! Matter of Perrin v. Builders Resource, 517159, (04/10/2014): A New York appellate court ruled that an injured worker who received home health care services from his sister could not mount a challenge to the rate of pay his sister received for her services.
NEW! Bisram v. Long Island Jewish Hospital, 12150 304678/11, (04/08/2014): A New York appellate court ruled that a worker who fell through from a metal deck, despite wearing a safety harness, could proceed with some of his Labor Law claims.
NEW! Matter of Islam v. BD Construction & Building, 515787, (04/10/2014): A New York appellate court ruled that a convicted sex offender, who was totally disabled by an industrial injury, was entitled to continue receiving benefits during the time he was being held in detention by immigration officials, pending a deportation hearing.
NEW! Matter of O'Brien v. DiNapoli, 7147, (04/03/2014): A divided New York appellate court ruled that the disability retirement application submitted by the wife of a gravely injured state trooper as he lay dying, which was not received by the New York State and Local Retirement System until minutes after his death, was untimely filed.
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