Important Recent Case Law for New York

Friday, February 28, 2014 | 0

NEW! 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.

NEW! Conway-Acevedo v. Consolidated Edison Co. of New York, 517319, (02/13/2014): A New York appellate court ruled that an employer was not entitled to reimbursement from the Special Disability Fund for the benefits it paid to a worker following an industrial injury based on her alleged preexisting disability from an arthritic condition. 

NEW! Dizenzo v. Henderson & Johnson, 517146, (02/13/2014): A doctor's opinion that a workplace fall may have exacerbated a worker's preexisting neck and back problems was insufficient to support the inclusion of the worker's neck and back problems as compensable components of his claim, a New York appellate court ruled.

NEW! Pavone v. DiNapoli, 517030, (02/13/2014): A police chief was not entitled to performance of duty disability retirement benefits due to a back injury from falling out of a chair, and acute anxiety, a New York appellate court ruled.

NEW! Fabrizi v. 1095 Avenue of the Americas, 15, (02/20/2014) & Morris v. Pavarini Construction, No. 3, (02/20/2014): New York's highest court issued two decisions providing guidance as to the scope of an employer's liability for falling objects under Labor Law Sections 240 and 241. 

NEW! Matter of Ferguson v. DiNapoli, No. 517222, (02/13/2014): A New York appellate court ruled that a corrections officer was not entitled to performance of duty disability retirement benefits based on his heart disease and his back, arm and leg injuries. 

NEW! Cook v. East Greenbush Police Department, No. 515236, (02/13/2014): A New York appellate court ruled that police officer was not entitled to workers' compensation benefits for his mental distress following a deadly 2009 shootout with an armed fugitive.

NEW! New York Hospital Medical Center of Queens v. Microtech Contracting Corp., 1, (02/13/2014): In a case of first impression, New York's highest court unanimously ruled that workers' compensation exclusivity can shield an employer from tort liability for an employee's workplace injury, even if it has hired undocumented workers.

NEW! Brown v. Penguin A.C., 515325, (01/30/2014): The opinions of two doctors attributing a worker's injuries to his employment, based in part on the worker's account of his accident, could form a sufficient basis for an award of benefits, a New York appellate court ruled.

NEW! Dostzan v. Kraft Foods, 515222, (01/30/2014): A New York appellate court ruled that an assembly line worker at a food-packaging facility was entitled to an award of benefits for his respiratory disease. 

NEW! Humphrey v. Park View 5th Ave., 11600 304279/10, (01/28/2014): A New York appellate court ruled that a construction worker who suffered injuries when an aluminum beam somehow fell from above him onto the piece of wood that he was carrying was entitled to summary judgment on his Labor Law claim. 

NEW! Pavon v. Koral, 2012-04655, (01/29/2014): A New York appellate court revived a roofer's Labor Law claim against a homeowner based on his alleged fall from an unsecured ladder.

NEW! Kebbeh v. City of New York, 10512, 250161/08, (01/23/2014): A New York appellate court revived a painter's Labor Law claim based on his alleged exposure to harmful fumes while working on a construction project.