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N.Y. high court says comp board rulings can’t block injury lawsuits - Business Insurance Skip to content Register for free Search Search Log In Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2025 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2025 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2025 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2025 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers N.Y. high court says comp board rulings can’t block injury lawsuits by Louise Esola Workers Comp Coverage , Workplace Safety May 26, 2026 Courts may not use New York Workers Compensation Board findings to automatically shut down related personal injury lawsuits, affirming an appellate ruling in favor of an injured construction worker, the state’s highest court ruled Thursday. In Waldy Quinones Garcia v. Monadnock Construction Inc. et al., the New York Court of Appeals held that the state’s Justice for Injured Workers Act applies to pending and future lawsuits as of its Dec. 30, 2022, effective date, even when the underlying workers compensation decision was issued before the law took effect. Mr. Garcia was injured in 2020 while working at a construction site and filed both a workers compensation claim and a personal injury lawsuit alleging negligence and violations of New York Labor Law. In 2021, the Workers Compensation Board found that he did not sustain causally related injuries. Defendants in the personal injury action later moved to amend their answer to argue that the board’s finding should prevent Mr. Garcia from relitigating the injury issue in court, and sought partial summary judgment. Mr. Garcia opposed the motion, arguing that the Justice for Injured Workers Act barred courts from giving such effect to comp board findings, except on the issue of whether an employer-employee relationship existed. A trial court granted the defendants’ motion in July 2023, but the Appellate Division reversed. The Court of Appeals affirmed the appellate ruling, though on different grounds. The highest court said the statute’s application was prospective, not retroactive, because it was already in effect when the trial court ruled. The court said the law did not impair vested rights, increase liability for past conduct or impose new duties on completed transactions. 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