Workers' Compensation Panel of Three Awards Plaintiff's Guardian Higher Pay for 24-Hour Home Care
March 11, 2024
By Robert A. Cardali, Esq.
A groundbreaking decision by the Worker’s Compensation Board Panel was issued in favor of our client. Previously the worker’s compensation carrier position was that any person without medical experience is only entitled to an hourly pay wage of twelve ( $12.00 ) dollars for rendering home care to a claimant for a maximum of only twelve (12) hours per day. The worker’s compensation carrier raised that the minimum state wage was only fifteen ( $15.00) an hour and an hourly rate for a home health aide was only twenty ( $20.00) dollars. A unanimous panel disagreed with the worker’s compensation carrier’s position and awarded an hourly wage of twenty-five ( $25.00 ) dollars for twenty-four (24) hours a day and classified our client Permanent Total Disability ( PTD). No appeal was filed by the worker’s compensation carrier. Our client suffered severe and permanent crippling injuries to his head, neck and back and continues to receive physical and mental rehabilitation.
Judge Denies Motion to Dimiss
May 13, 2024
A judge recently decided to deny our adversaries motion to dismiss on a wages and hours class action lawsuit. A portion of the claim has already been resolved for a small amount through Rule 68, which allows at least 14 days before the start of a trial for serving a judgment on an opposing party.
Queens County Construction Site Accident
January 31, 2024
In a Labor Law appeal with the Appellate Division, Second Department, the 241(6) labor law claim was reinstated, citing that the defendants’ submission of plaintiff’s testimony in moving for summary judgment raised a triable issue of fact, not allowing defendants to meet their prima facie burden as a summary judgment movant. This case matter was handled by Robert A. Cardali, Esq., with the assistance of outside appellate counsel, Mischel & Horn, P.C.
Bronx County Construction Site Accident
November 9, 2023
In this matter to recover damages for a violation of Labor Law 240(1), the Appellate Division, First Department, determined that the placement of plywood over a bathtub created an elevated work platform under the statute, and thereby entitled the plaintiff to summary judgment. This case matter was handled by Robert A. Cardali, Esq., with the assistance of outside appellate counsel, Mischel & Horn, P.C.