New York Case Law Update

Wednesday, November 18, 2015 | 0

NEW! Matter of Strujan v. New York Hospital, 518465, (11/5/2015): A New York appellate court ruled that liability for a worker's 1997 injury could not yet be transferred to the Special Fund for Reopened Cases because the claim had not yet been truly closed.

NEW! Ferrante v. Metropolitan Transportation Authority, 16062 102765/11 590817/11, (11/05/2015): A New York appellate court ruled that the Metropolitan Transportation Authority was not entitled to indemnification for a construction worker's personal injury claim, as a matter of law.

NEW! Matter of Schoales v. DiNapoli, 519852, (10/29/2015): A New York appellate court ruled that a police officer was not entitled to accidental disability retirement benefits for his injuries from foreseeable risks of his job.

NEW! Lichten v. New York Transit Authority, 520631, (10/29/2015): A New York appellate court ruled that a long-time bus driver was not entitled to an award of benefits for an alleged repetitive stress injury to his knees.

Quinones v. Olmstead Props. Inc., 2015 NY Slip Op 07571, (10/15/2015): A billboard company employee who fell off a stack of concrete blocks should not have been granted partial summary judgment on his Labor Law Section 240(1) claim because of conflicting evidence about whether his employer had provided the proper equipment but the claimant did not use it, the 1st Department of the New York Supreme Court Appellate Division ruled in a 3-2 decision.

Begley v. DiNapoli, 520374, (10/08/2015): A worker's fall in an icy parking lot was not an "accident" entitling him to accidental disability retirement benefits, a New York appellate court ruled.

Savage v. American Home Care Supply, (10/08/2015): A report by an independent medical examiner attributing 80% of a worker's disability to a 2003 injury was not sufficient to qualify a carrier to be reimbursed by the Special Disability Fund, a New York appellate court ruled.
 
Muth v. Mohammad, 15022 301314/10, (10/06/2015): A New York appellate court rejected a malpractice claim against a psychologist's office for its alleged failure to prevent an injured worker from committing suicide. 
 
Ugbomah v. Edison Parking Corp., 2014-04006, (09/30/2015): A New York appellate court ruled that the Workers' Compensation Law did not bar a worker's lawsuit against the owners and managers of a property where the worker was allegedly injured, but that the property owners and managers were still entitled to dismissal of the worker's claim as a matter of law.

Gonzalez v. Wu, 2014-00483, (09/30/2015): A New York appellate court ruled that an injured worker was entitled to a new hearing on the amount of damages owed to him after his former employer failed to pay his award for his retaliatory discharge claim.