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New York Case Law Update

By WorkCompCentral

Wednesday, October 21, 2015 | 577 | 0 | min read

NEW! Quinones v. Olmstead Props. Inc., 2015 NY Slip Op 07571, (10/15/2015): A billboard company employee who fell off a stack of concrete blocks should not have been granted partial summary judgment on his Labor Law Section 240(1) claim because of conflicting evidence about whether his employer had provided the proper equipment but the claimant did not use it, the 1st Department of the New York Supreme Court Appellate Division ruled in a 3-2 decision.

NEW! Begley v. DiNapoli, 520374, (10/08/2015): A worker's fall in an icy parking lot was not an "accident" entitling him to accidental disability retirement benefits, a New York appellate court ruled.

NEW! Savage v. American Home Care Supply, (10/08/2015): A report by an independent medical examiner attributing 80% of a worker's disability to a 2003 injury was not sufficient to qualify a carrier to be reimbursed by the Special Disability Fund, a New York appellate court ruled.
NEW! Muth v. Mohammad, 15022 301314/10, (10/06/2015): A New York appellate court rejected a malpractice claim against a psychologist's office for its alleged failure to prevent an injured worker from committing suicide. 
Ugbomah v. Edison Parking Corp., 2014-04006, (09/30/2015): A New York appellate court ruled that the Workers' Compensation Law did not bar a worker's lawsuit against the owners and managers of a property where the worker was allegedly injured, but that the property owners and managers were still entitled to dismissal of the worker's claim as a matter of law.

Gonzalez v. Wu, 2014-00483, (09/30/2015): A New York appellate court ruled that an injured worker was entitled to a new hearing on the amount of damages owed to him after his former employer failed to pay his award for his retaliatory discharge claim.

Moreira v. Ponzo, 2014-09244, (09/16/2015): A New York appellate court ruled that the protections of Labor Law Sections 240(1) and 241(6) are afforded to workers engaged in tree removal work that's being undertaken during the repair of a structure.

Wilson v. A. H. Harris & Sons, 2014-09336, (09/16/2015): A New York appellate court ruled that a staffing company's employee could not sue his employer's client in tort for his injuries while working for the client.

Rossi v. Flying Horse Farm, 2014-00935, (09/16/2015): A New York appellate court ruled that a barn, which contained an office and sleeping quarters behind the horse stalls, did not qualify as a single family residence exempt from the Labor Law.

Segota v. Tishman Construction Corp., 15421 108049/10, (09/15/2015): A New York appellate court ruled that an injured construction worker was entitled to a new trial on the amount of damages he was owed for his Labor Law claim.

Kutza v. Bovis Lend Lease, 15695 116427/04, (09/08/2015):A New York appellate court ruled that a worker could not be held partially at fault for his fall on debris at a construction site, and that he was entitled to a four-fold increase in his award of damages for his pain and suffering.

O'Brien v. Port Authority of New York and New Jersey, 13616 114853/10, (09/08/2015): A divided New York appellate court panel ruled that a worker who slipped and fell in the rain while descending a temporary staircase at the World Trade Center construction site was entitled to summary judgment on his Labor Law Section 240(1) claim.

Page v. Liberty Central School District, 519966, (09/03/2015): A New York appellate court ruled that a school librarian was not entitled to develop the record as to the extent of her alleged disability from her workplace exposure to mold.

Sheng v. Time Warner Cable, 518653, (09/03/2015): A New York appellate court ruled that a worker lost the ability to challenge the propriety of the denial of her claim for permanent disability benefits by appealing only the decision of the Workers' Compensation Board denying her request for reconsideration after the board found she was not permanently disabled.


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