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The plaintiff, Osman Canales, an employee of Sea Breeze General Construction, Inc., sustained injuries after slipping and falling approximately five feet from a truck step at a construction site at Daniel Warren Elementary School. He initiated an action against Rye Neck Union Free School District and Daniel Warren Elementary School, alleging violations of Labor Law §§ 240 (1) and 241 (6). The Supreme Court granted the defendants' motion for summary judgment, dismissing the Labor Law § 240 (1) claim and parts of the Labor Law § 241 (6) claim, while denying the plaintiff's cross-motion. The Appellate Division affirmed the Supreme Court's order, ruling that the five-foot descent was not an elevation-related risk under Labor Law § 240 (1) and that Industrial Code provisions 12 NYCRR 23-1.7 (d) and (e) (2) were inapplicable because truck steps are not considered 'elevated working surfaces' and the injury resulted from a slip, not a trip.
Canales v. Rye Neck Union Free Sch. Dist. is a workers' compensation case decided in Appellate Division of the Supreme Court of the State of New York. This case addresses legal issues related to compensation claims, benefits, and court rulings.
It is commonly referenced in legal research involving workers' compensation laws in Appellate Division of the Supreme Court of the State of New York.
Full Decision Text1 Pages
The plaintiff, Osman Canales, an employee of Sea Breeze General Construction, Inc., sustained injuries after slipping and falling approximately five feet from a truck step at a construction site at Daniel Warren Elementary School. He initiated an action against Rye Neck Union Free School District and Daniel Warren Elementary School, alleging violations of Labor Law §§ 240 (1) and 241 (6). The Supreme Court granted the defendants' motion for summary judgment, dismissing the Labor Law § 240 (1) claim and parts of the Labor Law § 241 (6) claim, while denying the plaintiff's cross-motion. The Appellate Division affirmed the Supreme Court's order, ruling that the five-foot descent was not an elevation-related risk under Labor Law § 240 (1) and that Industrial Code provisions 12 NYCRR 23-1.7 (d) and (e) (2) were inapplicable because truck steps are not considered 'elevated working surfaces' and the injury resulted from a slip, not a trip.
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