Call or email us anytime
(805) 484-0333
Search Guide
Today is Tuesday, April 16, 2024 -

Industry Insights

Important Recent New York Case Law

  • State: New York
  • -  0 shares

NEW! Van Blerkom v. America Painting, 2014-00701, (08/20/2014): A New York appellate court ruled that an electrician who fell from a scaffold should have been granted summary judgment on his Labor Law claim against the subcontractor who had furnished the scaffold for use.

NEW! Warren v. Stepanova, 2013-04039, (08/20/2014): A New York appellate court ruled that a homeowner was entitled to summary judgment on a worker's Labor Law claim based on his fall from a ladder that didn't belong to her.

NEW! Krajnik v. Forbes Homes, 591 CA 13-02209, (08/08/2014): A New York appellate court ruled that a worker and a general contractor were not entitled to summary judgment on their claims against a subcontractor based on the worker's fall from a makeshift ladder.

NEW! Bailey v. Ben Ciccone Inc., 518139, (08/07/2014): A New York appellate court upheld an order by the Workers' Compensation Board compelling an employer to make a $341,123.64 deposit into the state aggregate trust fund to cover the cost of a worker's permanent total disability benefits from his Lyme disease.

NEW! Bates v. New York State and Local Police and Fire Retirement System, 518144, (08/07/2014): A New York appellate court ruled that an injured firefighter was not entitled to performance of duty and accidental disability retirement benefits based on the conflicting medical evidence presented.

NEW! Matter of Fraser v. NYC Schools ROCIP, 517138, and Matter of Thomas-Fletcher v. New York City Department of Corrections, 517964. The Appellate Division's 3rd Department upheld two sanction orders against a New York claimant firm which has already been repeatedly sanctioned for filing frivolous change-of-venue motions.

NEW! Gallo v. Village of Bronxville Police Department, 516964, (08/07/2014): A New York appellate court upheld an award of benefits to a police sergeant who suffered a heart attack while climbing stairs at work.

NEW! Biscup v. E.W. Howell Co., 2013-05234, (08/06/2014): A New York appellate court ruled that a construction worker was not entitled to proceed with his Labor Law Section 240(1) claim based on his injuries from jumping from the bed of a truck, but that he could pursue his Section 200 and negligence claims predicated on the allegedly dangerous condition of the work site.

NEW! Hauber-Malota v. Philadelphia Insurance Co., 259 CA 13-01535, (08/08/2014): In a case of first impression, a New York appellate court ruled that an employee who was injured in a work-related car accident and was barred from suing a coemployee in tort for the accident was also barred from obtaining supplementary uninsured/underinsured motorist benefits under her employer's automobile liability insurance policy, as a matter of law.

NEW! Pena v. Varet & Bogart, 2012-06673, (07/30/2014): A New York appellate court revived a worker's Labor Law claim for injuries he allegedly suffered when he fell while washing windows for a hostel.

Pittman v. S.P. Lenox Realty, 2013-00673, (07/23/2014): A New York appellate court ruled that the owners and managers of a property where a worker was fatally burned while varnishing floors were entitled to summary judgment in their favor on the Labor Law claim brought by the worker's widow.

Sepulveda-Vega v. Suffolk Bancorp, 2013-07051, (07/23/2014): A New York appellate court ruled that an armored car courier could not hold a bank liable in tort for his alleged injury from lifting a bag of coins.

Adika v. Beth Gavriel Bukharian Congregation, 2013-06941, (07/23/2014): A New York appellate court ruled that a synagogue was entitled to summary judgment dismissing a worker's Labor Law claim based on his alleged fall from a ladder while installing decorative panels at its yeshiva.

Perla v. Daytree Custom Builders, 2013-02964, (07/16/2014):A New York appellate court ruled that a worker who fell from the roof of a house was not entitled to summary judgment on his Labor Law claim because a triable issue existed as to whether the defendant in his claim was an alter ego of his employer.

Jorquera v. Fannwood Estates, 2013-01166, (07/16/2014): A New York appellate court ruled that the alleged employer of an injured worker was not entitled to summary judgment on a third-party indemnity and contribution claim against it as long as a triable issue existed as to whether the worker was its employee.

Caiazzo v. Mark Joseph Construction, 2013-00248, (07/16/2014): A New York appellate court ruled that an injured construction worker was properly allowed to proceed with some of his claims against the owner and occupant of a residence at which he was working when he was injured, but that none of his claims against his employer were viable as a matter of law.

Brownrigg v. New York City Housing Authority, 012-07446 and 2012-11068, (07/02/2014): A New York appellate court ruled that a defendant was not liable for interest on the award of damages for a worker's Labor Law claim from the date that the jury issued him the award because there had not yet been a finding of liability for a Labor Law violation due to the case's unusual procedural history.

Winters v. Advance Auto Parts, 517862, (07/03/2014): A New York appellate court overturned a decision by the Workers' Compensation Board to deny benefits to an injured worker on the basis that the worker had detached himself from the labor market.

Gottlieb v. Merrigan, 518119, (07/03/2014): A New York appellate court ruled that the state may be able to exercise personal jurisdiction over a Massachusetts attorney who allegedly negotiated the settlement of a carrier's workers' compensation lien with a New York self-insurance trust in order to resolve his client's personal injury suit in Massachusetts.

Rosario v. Montalvo & Son Auto Repair Center, 2012-10849, (06/25/2014): A New York appellate court ruled that a determination by the Workers' Compensation Board as to whether a worker was an "employee" of the auto repair center where he was injured was not binding in the Supreme Court proceedings on the worker's tort claim against his alleged employer.

Smith v. Oneida Limited, 517263, (07/03/2014): The widow of a worker with a compensable lung injury was entitled to benefits after he died from sepsis due to respiratory failure, a New York appellate court ruled.

Kharie v. South Shore Record Management, 2013-05809, (06/25/2014): A worker who fell while dismantling a free-standing shelving unit in a warehouse was entitled to summary judgment in his favor on his Labor Law claim, a New York appellate court ruled.

Matter of Mosley v. Hannaford Brothers Co., 517175, (07/03/2014): A retail worker who became the target of a murder-for-hire plot and an internal investigation by his employer based on his alleged affair with a colleague was entitled to an award of benefits for the resulting psychological distress that prevented him from continuing to work, a New York appellate court ruled. 

Penaranda v. 4933 Realty, 100963/10 590179/11, (06/24/2014): A New York appellate court ruled that a worker who suffered injuries when he was thrown from the back of a front-end loader suffered the sort of "gravity-related" harm that the Labor Law was designed to guard against. 

 

No Comments

Log in to post a comment

Close


Do not post libelous remarks. You are solely responsible for the postings you input. By posting here you agree to hold harmless and indemnify WorkCompCentral for any damages and actions your post may cause.

Advertisements

Upcoming Events

  • May 5-8, 2024

    Risk World

    Amplify Your Impact There’s no limit to what you can achieve when you join the global risk managem …

  • May 13-15, 2024

    NCCI's Annual Insights Symposi

    Join us May 13–15, 2024, for NCCI's Annual Insights Symposium (AIS) 2024, the industry’s premier e …

  • May 13-14, 2024

    CSIA Announces the 2024 Annual

    The Board of Managers is excited to announce that the CSIA 2024 Annual Meeting and Educational Con …

Workers' Compensation Events

Social Media Links


WorkCompCentral
c/o Business Insurance Holdings, Inc.
PO Box 1010
Greenwich, CT 06836
(805) 484-0333