Cedric Fleming, Plaintiffs v. Thomas Graham, Defendants and Third-Party Plaintiffs-Respondents…

Summary

The New York Court of Appeals held that Cedric Fleming's facial injuries did not constitute a “permanent and severe facial disfigurement” for purposes of a “grave injury” under Workers' Compensation Law § 11, and therefore reversed the Appellate Division, granting Pinstripes summary judgment on the third‑party complaint. The Court articulated a new standard for assessing such facial disfigurements and emphasized the legislative intent to limit employer liability to workers' compensation benefits absent a grave injury.