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Justice for Injured Workers Act Applies Retroactively to Bar Estoppel Defense

Wednesday, March 25, 2026 | 0

A New York appellate court ruled that the Justice for Injured Workers Act applied retroactively to bar the defendants in a civil case from asserting a collateral estoppel defense based on the proceedings from the plaintiff’s workers’ compensation claim. Case: Pacheco v. P.V.E. Co. LLC, No. 2023-11543, 02/25/2026, published. Facts: Oscar Rene Pacheco allegedly suffered injuries while using a spray gun to apply fireproofing material to wooden beams when the ladder on which he was standing shifted, causing him to discharge the spray gun onto his right index finger. The property whe...

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