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Worker Didn't Prove Entitlement to Summary Judgment on Labor Law Claim

By WorkCompCentral

Thursday, March 22, 2018 | 0

A New York appellate court ruled that a construction worker was not entitled to summary judgment on his Labor Law claim based on a fall from a ladder. Case: Hobbs v. MTA Capital Construction, No. 155382/15 -605 6044, 03/20/2018, published. Facts and procedural history: Joseph Hobbs fell from a fixed-access ladder when a rung splintered under his foot. He was working on a construction project being overseen by MTA Capital Construction. Hobbs filed a Labor Law claim against MTA and moved for summary judgment as to MTA’s liability under Section 240(1). Section 240(1) imposes a...

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