New York Court of Appeals
Aldo Rubeis, Plaintiffs v. the Aqua Club, Inc., Doing Business as V.I.P. Tennis & Beach Club, Ltd.…
November 23, 20043 N.Y.3d 408
Summary
The New York Court of Appeals held that for an acquired brain injury, "permanent total disability" under Workers' Compensation Law § 11 means the employee is unemployable in any capacity, reversing the Appellate Divisions in Rubeis and Largo‑Chicaiza and affirming the decision in Knauer. The Court based the rule on statutory language and legislative intent, while Judge Read dissented, favoring a narrower definition tied to inability to perform daily living activities.