Whether loss of multiple fingertips constitutes a grave injury under NY Workers' Compensation Law § 11.

No. Loss of multiple fingertips is not a grave injury under Workers' Compensation Law § 11's plain language, given the legislative history.

Plaintiff lost five fingertips in a die cutting machine accident. Plaintiff sued the manufacturer of the machine, United Container Machinery Group, who in turn brought a third-party action against Plaintiff's employer, Southern Container Corp. Southern Container moved to dismiss the third-party complaint, arguing that Workers' Compensation Law § 11 barred recovery because Plaintiff's injury was not grave. The Supreme Court denied the motion, finding that there were questions of fact. The Appellate Division reversed, holding that Plaintiff's injury was not a grave injury under § 11. On appeal, the Court of Appeals affirmed.

Plaintiff and United Container argued that Workers' Compensation Law § 11's "loss of multiple fingers" includes loss of multiple fingertips. Alternatively, they argued that an injury's gravity is a question of fact to be determined on a case-by-case basis. The Court held that these arguments fail in light of § 11's plain language and its legislative history. § 11 narrowly defines grave injuries, therefore partial loss of multiple fingertips is not included in "loss of multiple fingers." Furthermore, the legislative history indicates that the statute's purpose was to reduce lawsuits against employers. The Governor's Memorandum specifically stated that: "The grave injuries listed are deliberately both narrowly and completely described. The list is exhaustive not illustrative . . . ."