ALBANY – A construction supervisor whose legs were crushed when a truss toppled over cannot recover under the elevation-related provisions of Labor Law §240 because the five-ton piece of steel was no taller than he, an appellate panel in Albany has held.
The force-of-gravity ruling from the Appellate Division, Third Department, yesterday is apparently the first extended analysis of a 2011 Court of Appeals precedent, Wilinski v. 334 East 92nd Housing Development Fund, 18 NY3d 1. Wilinski allowed recovery in some instances where the falling object and injured worker are on the same level.
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