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TRIAL PENDING Labor Law – Court of Appeals decision holding that plaintiff engaging in appropriate use of stilts to apply insulation to ceiling of apartment building under construction falls when stilts contact ice that had accumulated on concrete floor.

Erie County, NY

This labor law action involved a plaintiff worker who was working on stilts to apply insulation to a ceiling of an apartment in a building under construction. It was undisputed that stilts were the appropriate device for the type of work in which he was engaging. The stilts contacted an ice accumulation on the floor and the plaintiff fell. The Supreme Court and App Div (4th Dep’t) held that the absolute liability provisions of Sec. ________ (1) applied as a matter of law.

The plaintiff contended that he suffered a lumbar herniation, and can no longer perform construction work.The Court of Appeals reversed, holding that the accident was caused by the floor-level hazard of ice and was not caused by an elevation -related risk. The issues of alleged violations of Labor Law ________ (6) and Sec. ________ (common law) remain, and a liability trial is scheduled for July ________.

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