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This case concerns an appeal regarding the application of Labor Law § 240 (1) to a construction accident. The plaintiff was injured when a steel plate, attached to a backhoe and being hoisted, became disengaged and fell, striking the plaintiff who was at ground level. The Supreme Court granted the defendant's cross-motion for summary judgment, dismissing the Labor Law § 240 (1) claim, a decision which was subsequently affirmed by the appellate court. The majority affirmed on the grounds that Labor Law § 240 (1) applies only to elevation-related hazards where the object falls from a significantly higher elevation than the work site, not merely due to gravity at ground level. The dissenting opinion argued that the use of an improvised hoist (backhoe and chain) and the elevation of even one end of the plate above the plaintiff's foot constituted an elevation-related hazard intended to be covered by the statute.
Melo v. Consolidated Edison Co. 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
This case concerns an appeal regarding the application of Labor Law § 240 (1) to a construction accident. The plaintiff was injured when a steel plate, attached to a backhoe and being hoisted, became disengaged and fell, striking the plaintiff who was at ground level. The Supreme Court granted the defendant's cross-motion for summary judgment, dismissing the Labor Law § 240 (1) claim, a decision which was subsequently affirmed by the appellate court. The majority affirmed on the grounds that Labor Law § 240 (1) applies only to elevation-related hazards where the object falls from a significantly higher elevation than the work site, not merely due to gravity at ground level. The dissenting opinion argued that the use of an improvised hoist (backhoe and chain) and the elevation of even one end of the plate above the plaintiff's foot constituted an elevation-related hazard intended to be covered by the statute.
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