Legal Opinion

Rubies v. Aqua Club, Inc.

New York Court of Appeals

Decided November 23, 2004PublishedCited by 68 opinions

1Opinion of the Court

OPINION OF THE COURT

Chief Judge Kaye.

An employer’s liability for an on-the-job injury is generally limited to workers’ compensation benefits, but when an em*413ployee suffers a “grave injury” the employer also may be Hable to third parties for indemnification or contribution. In the three actions before us, we are again asked to define the scope of an enumerated “grave injury” in Workers’ Compensation Law § 11—this time “an acquired injury to the brain caused by an external physical force resulting in permanent total disability.” We hold that a brain injury results in “permanent total disability”…

2Cases cited6 opinions

  1. Castro v. United Container MacHinery Group, Inc.New York Court of Appeals · 2001
  2. Way v. GrantlingAppellate Division of the Supreme Court of the State of New York · 2001
  3. Schuler v. Kings Plaza Shopping Center & Marina, Inc.Appellate Division of the Supreme Court of the State of New York · 2002
  4. Meis v. ELO ORGANIZATION, LLCNew York Court of Appeals · 2002
  5. Rubeis v. Aqua Club, Inc.Appellate Division of the Supreme Court of the State of New York · 2003

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3Cited by68 opinions

  1. Auqui v. Seven Thirty One Ltd. PartnershipNew York Court of Appeals · 2013
  2. Fleming v. GrahamNew York Court of Appeals · 2008
  3. Aramburu v. Midtown West B, LLCAppellate Division of the Supreme Court of the State of New York · 2015
  4. BRANDYWINE PAVERS, LLC v. BOMBARD, PAT J.Appellate Division of the Supreme Court of the State of New York · 2013
  5. Giblin v. Pine Ridge Log Homes, Inc.Appellate Division of the Supreme Court of the State of New York · 2007

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