New York Court of Appeals Will Hear Oral Arguments on Another Aspect of "Grave Injury" in Workers' Compensation Law

The Court of Appeals will hear oral arguments next week -- October 12, 2004 -- concerning the interpretation of what constitutes "an acquired injury to the brain caused by an external physical force resulting in permanent total disability" as provided in Workers' Compensation Law Section 11. A third-party may commence an action against an injured party's employer if that employee suffers a "grave injury" as set forth in section 11. The case, Rubeis v. Aqua Club, Inc. (see case summary), involves what the definition of the phrase "permanent total disability" as it applies to an acquired injury to the brain.