Tuesday, June 10, 2008

Breaking: Supremes Apply New York Law To Bar Recovery in Recovery In Greenwich Crash Death

In a decision due to be officially released on June 17th, the Connecticut Supreme Court has upheld a trial court decision concluding that New York Worker's Comp Law was the applicable standard to apply in connection with a June 2001 crash in Greenwich which took the life of Juan Rocato Brito, a New York City resident that was employed as a landscaper doing day work in Greenwich.

Had Connecticut law applied, a third party liability claim over and above a worker's comp claim could have been pursued under the "motor vehicle exception" of our Worker's Compensation Act providing the possibility of a far larger financial recovery than a worker's comp case alone can provide. New York WC law provides no such motor vehicle exception and since the Court has concluded that NY WC law applies here, then the Brito estate is left without any recovery over and above the comp case.The complete decision can be read here.

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