The New York Court of Appeals will address an interesting issue tomorrow regarding the applicability of the exclusivity provisions of the Workers' Compensation Law when an injured worker tries to sue a party purportedly acting as the employer's agent. The issue arises in Fung v. Japan Airlines, Co.
The injured worker's employer was the Port Authority of New York and New Jersey. He was injured while within the scope of his employment (slipped on ice in subject parking lot). The Port Authority owned the parking lot and leased it to Japan Airlines Management Corp., which subleased it back to the Port Authority. The lease/sublease agreement made Japan responsible for maintenance of the property, including snow removal and electrical lighting. Japan contracted with Aero Snow Removal Corp. for snow and ice clearing. The injured plaintiff and his wife filed this personal injury action against JAMC and Aero, among others, and JAMC commenced a third-party action against Aero for common law and contractual indemnification.
Japan argued in a motion that insofar as it entered a sublease with the Port Authority whereby it acted as the agent of the Port Authority, it may rely upon the bar provided by the Workers' Compensation Law. The trial court rejected the argument, but the Appellate Division, Second Department agreed and dismissed the matter.
Now the Court of Appeals will wrestle with the issue. NYCL will keep you apprised of the Decision.
Comments