New York Court of Appeals Determines Split at Appellate Division Concerning Interpretation of "Permanent Total Disability" As Set Forth in Workers' Compensation Law Section 11

The New York Court of Appeals today determined in Rubeis v. Aqua Club Inc. (see prior post) that the "grave injury" set forth under Workers' Compensation Law Section 11 as "an acquired injury to the brain caused by an external physical force resulting in permanent total disability" essentially means that the injured worker is no longer employable in any capacity.  The Court rejected the view that the particular "grave injury" required that the injured worker be in a vegetative state, a view which Judge Read adopts in her dissent.