Court Tosses Worker's Attempt to Challenge Apportionment

A New York appellate court dismissed a worker’s appeal of a decision apportioning liability on grounds that he had not been aggrieved by the ruling. Case: Matter of Birro v. Wolkow-Braker Roofing Corp., No. 535730, 11/16/2023, published. Facts: Joseph Birro Jr. is a roofer with two established claims for work-related injuries sustained while working for Wolkow-Braker Roofing Corp. The first was from 2006, involving injuries to Birro’s left knee and lower back from slipping and falling in a staircase, and the carrier was State Insurance Fund. In 2008, the parties stipulated that...