First Department holds that Workers Comp Board determination that condition not caused by on-the-job injury collaterally estops plaintiff from establishing medical causation

In Vega v. Metropolitan Transp. Auth., 133 A.D.3d 518 (1st Dep’t 2015), the First Department dismissed RSD claims based upon the outcome of a Workers Compensation case.  Plaintiff contended that his finger was crushed when a coworker operating an excavator dropped concrete debris on him, resulting in RSD.  The court found plaintiff collaterally estopped by the board’s ruling that he does not suffer from RSD as a result of this incident.  The court also affirmed the denial of plaintiff’s motion for summary judgment for liability under Labor Law 241(6) (because there was an issue of fact as to whether plaintiff was comparatively negligent) and 240(1) (because the hoisting equipment did not malfunction).  Bill Ballaine headed the LCBF team.