Important Recent New York Case Law

Friday, July 23, 2010 | 0

NEW! Liberty Mutual Fire Insurance Co. v. Malatino, 508664, (07/22/2010): A woman who was injured while walking into an object protruding from a co-worker's vehicle successfully compelled an auto insurance carrier into arbitration because of how the co-worker was using the vehicle at the time.

NEW! Galanos v. Nevada Utilities, 508822, (07/22/2010): An injured executive is not entitled to benefits because she signed a form waiving her right to workers' compensation coverage.

Smallwood v. Mereda Realty Corp., 508119, (07/15/2010): An apartment building owner and a managing company both had an employer-employee relationship with the building's superintendent.

Dean v. City of Utica, CA 10-00125, (07/09/2010): The fact that a nearby garage door toppled over a worker's scissor lift showed that a property owner and a contractor failed to adequately protect the worker.

King v. DiNapoli, 508065, (07/08/2010): A neurologist's opinion that served as the basis for a denial of a police officer's performance of duty disability retirement benefits did not constitute substantial evidence because it contained factual errors.

Poulton v. Martec Industries, et al., 508987, (07/08/2010): A claimant's 2006 back injury was actually symptoms resulting from a prior back injury with a previous employer.

NEW! Parkhurst v. United Rentals Aerial Equipment, 508196, (07/01/2010): The board's methods for calculating the awards are not arbitrary or capricious. Also, Workers' Compensation Law 27 subsection 2 applies to both capped and uncapped PPD awards.

NEW! Collins v. Duke's Plumbing and Sewer Service, 508194, (07/01/2010): The ATF provision of the 2007 reforms is constitutional, and the board's method for calculating the present day value of the awards is not arbitrary or capricious.

Grove v. Cornell, 508626, (07/01/2010): Plaintiff failed to establish that statute was violated and that the violation was a proximate or contributing cause of his injuries.

Visic v. O'Nero & Sons Construction Co., 507614, (06/24/2010): A business that asked a subcontractor to hire extra help to finish a project, and provided equipment, became the special employer of the new employee.