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Plaintiff, a welder, was injured after falling from a scaffolding plank elevated approximately six feet above a platform, which broke. He had attempted to find an appropriate safety belt but was unsuccessful. The Supreme Court granted plaintiff's motion for partial summary judgment on Labor Law § 240 (1) liability. Defendant and third-party defendant appealed, arguing the recalcitrant worker defense. The appellate court affirmed the Supreme Court's decision, concluding that the safety device was not at the plaintiff's immediate work site and there was no evidence that the plaintiff refused to use a safety belt.
Kaffke v. New York State Electric & Gas Corp. 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
Plaintiff, a welder, was injured after falling from a scaffolding plank elevated approximately six feet above a platform, which broke. He had attempted to find an appropriate safety belt but was unsuccessful. The Supreme Court granted plaintiff's motion for partial summary judgment on Labor Law § 240 (1) liability. Defendant and third-party defendant appealed, arguing the recalcitrant worker defense. The appellate court affirmed the Supreme Court's decision, concluding that the safety device was not at the plaintiff's immediate work site and there was no evidence that the plaintiff refused to use a safety belt.
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