New York Hospital Medical Center v. Microtech Contracting Corp.
New York Court of Appeals
1Opinion of the Court
OPINION OF THE COURT
Read, J.
In Balbuena v IDR Realty LLC (6 NY3d 338, 363 [2006]), we held that an injured employee’s status as an undocumented alien does not preclude recovery of lost wages in a personal injury action against a landowner under the State’s Labor Law. This appeal asks us to look at the other side of the coin and decide if an employer’s statutory rights under the Workers’ Compensation Law are extinguished merely because its injured employee is an undocumented alien; specifically, whether the employer may still invoke section ll’s shield against third-party claims for common-law…
2Cases cited8 opinions
- Dole v. Dow Chemical Co.New York Court of Appeals · 1972
- Riggs v. . PalmerNew York Court of Appeals · 1889
- Balbuena v. IDR REALTY LLCNew York Court of Appeals · 2006
- Stone v. FreemanNew York Court of Appeals · 1948
- Spivak v. SachsNew York Court of Appeals · 1965
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3Cited by10 opinions
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- Matter of Policarpio v. Rally Restoration Corp.Appellate Division of the Supreme Court of the State of New York · 2020
- Safeway, Inc. v. Rooter 2000 Plumbing and Drain SSSNew Mexico Supreme Court · 2016
- Mullins v. Center Line Studios, Inc.Appellate Division of the Supreme Court of the State of New York · 2021
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