New York Court of Appeals Determines Fall From Truck Bed Not Covered Activity Under Labor Law sec. 240(1)

I posted last month about two appeals concerning the question whether a worker's fall from a truck bed constitutes a covered activity under Labor Law sec. 240(1) (see prior post).  The New York Court of Appeals last week determined in Toefer v. Long Island Rail Road/Marin v. Korean Air, Inc. that such an activity does not fall within the ambit of sec. 240(1).

These appeals have garnered yet another decision in which the Court of Appeals has attempted to narrow the reach of New York's Scaffold Law and explain the true intent of the section 240(1).