Important Recent Case Law for New York
Wednesday, July 2, 2014 | 0
NEW! Smith-Lerner v. Art Students League of New York, 2013-07796, (06/18/2014): A New York appellate court ruled that an art class model was not barred from proceeding with a civil lawsuit for her work-related injuries despite having reached a settlement for the workers' compensation claim she had previously filed.
NEW! Ercole v. New York State Police, 517827, (06/19/2014): A New York appellate court ruled that an insurance carrier who failed to respond to a request for authorization for surgery for a former police officer could shift liability for the cost of the procedure to the Special Fund for Reopened Cases.
NEW! Sanchez v. Palmiero, 2012-07996, (06/18/2014): A homeowner was not entitled to summary judgment on a roofer's Labor Law claim against him since there was a triable issue of fact as to whether the property would be used solely for residential purposes, a New York appellate court ruled.
NEW! Soriano v. St. Mary's Indian Orthodox Church of Rockland, 106667/11, (06/17/2014): A New York appellate court ruled that a veteran glazier who fell while replacing the glass in the skylight of a church was entitled to summary judgment in his favor on his Labor Law claim.
NEW! Matter of Hazan v. World Trade Center Volunteer Fund, 04103, (06/05/2014): Advocacy groups for responders to the Sept. 11, 2001, terrorist attacks are applauding a New York appellate court decision that an emergency medical technician who responded to Ground Zero on his own volition may be entitled to workers' compensation benefits for the health conditions he later developed.
NEW! Mejia v. Camabo Industries, 03897, (05/29/2014) and Difilippo v. Con Edison, 03898, (05/29/2014): A New York claimant firm is out $750 after twice being sanctioned by the Appellate Division's 3rd Judicial Department. The Appellate Division's 3rd Department upheld penalties in both cases, explaining that the chair of the board "has controlling authority to designate hearing places."
NEW! Matter of Logan v. Westchester Medical Center, 517957, (05/22/2014): A New York appellate court overturned a $500 sanction against a claimant's attorney for pursuing a consequential injury claim, finding the claim was not frivolous, although the court upheld the finding that the injury was not a consequence of the claimant's prior compensable accident.
NEW! Matter of Williams v. Lloyd Gunther Elevator Service, 517793, (05/22/2014):A workers' compensation carrier may begin taking a credit against claimant's net recovery from a third-party action on the date the carrier consented to the third-party settlement, a New York appellate court ruled.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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