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Civil Suit Over Worker's Fatal Car Accident Sent to Comp Board

Wednesday, February 5, 2025 | 0

A New York appellate court ruled that a trial justice should have referred a dispute over a worker’s death in a car accident to the Workers’ Compensation Board to determine if her death was compensable. Case: Lin v. Lu, No. 2023-01011, 01/22/2025, published. Facts and procedural history: Xiu Rong Yang sustained fatal injuries when a vehicle in which she was a passenger drove off a roadway during a snowstorm.  The administrator of Yang’s estate filed a wrongful death action against Xiaoping Lu. Lu moved for summary judgment to dismiss the complaint, arguing that Yang ...

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