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No Civil Remedy for Farmworker Injured by Falling Cow

Tuesday, August 27, 2019 | 0

A New York appellate court ruled that a dairy worker could not proceed with a civil claim for damages for his injuries from being struck by a cow. Case: Kelsey v. Hourigan, No. 472 CA 18-01742, 08/22/2019, published. Facts: John A. Kelsey worked at a dairy farm owned by Gerald Hourigan Jr. He suffered injuries at work when a cow fell on him. Procedural history: Kelsey filed a workers’ compensation claim naming the Gerald Hourigan Dairy Farm as his employer. The Workers' Compensation Board determined that Kelsey was entitled to benefits. The farm appealed, and while the case was p...

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