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 Court held that for an acquired brain injury, "permanent total disability" under Workers’ Compensation Law § 11 means the employee is unemployable in any capacity, and accordingly reversed the Appellate Division rulings in Rubeis and Largo‑Chicaiza while affirming the ruling in Knauer. Justice Read dissented, favoring a narrower definition requiring inability to perform daily living activities.