Court Upholds Summary Denial of Civil Suit for Worker's Pain, Suffering, Wrongful Death

A New York appellate court upheld the summary dismissal against an employer for a worker’s conscious pain, suffering and wrongful death. Case: Omwathath v. Frank E. Basil Inc., No. 2021-07666, 10/18/2023, published. Facts: Lakhram Omwathath is the heir of a worker employed by Frank E. Basil Inc. The worker received workers' compensation benefits throughout the rest of his life following an on-the-job accident. After the worker's death in 2018, Omwathath received an award of death benefits. Procedural history: Omwathath filed suit against Basil after the worker’s de...