Fall From "Bobcat" An Elevation-Related Risk, But Questions Exist As to Whether Worker Was Engaged In A Protected Activity

In Penaranda v. 4933 Realty, LLC, the plaintiff was helping to clear plywood from a nearby construction project.  He was positioned on a "bobcat" as a counterweight to the plywood on the forks of the bobcat.  He was injured when the rear wheels of the bobcat suddenly lifted, throwing him to the ground.  The First Department reinstated the plaintiff's Labor Law 240(1) claim, finding that his fall from the bobcat was the result of an elevation related risk.  The Court declined to grant judgment in plaintiff's favor, however, finding that a question of fact existed as to whether the plaintiff's work was "necessary and incidental" to or "an integral part" of the construction work.