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Employer Can't Defeat Labor Law Claim by Showing Blade Guard Couldn't Be Put on Saw

By WorkCompCentral

Tuesday, March 29, 2016 | 532 | 0 | 9 min read

A New York appellate court ruled that a property owner was not entitled to summary judgment on a worker's Labor Law claim, even though it demonstrated that a blade guard could not have been installed on the saw that the worker was using. Case: Kelmendi v. 157 Hudson St., No. 42 305940/09, 03/17/2016, published. Facts: Kujtim Kelmendi suffered a neck injury when the blade broke off the hand-held power saw he was using and struck him in the neck. The saw was a 2-feet-long electric reciprocating saw, with a 6-to-8-inch long blade. There was no guard over the blade. Procedural History: Kel...

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