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Jason L. Beckerman, an associate at Cozen O'Connor, and John J. McDonough, a member of the firm, write that, while there is no direct statutory language, courts have previously interpreted Labor Law �240(1) to provide for a "recalcitrant worker" defense. The defense is premised upon the principle that "the statutory protection does not extend to workers who have adequate and safe equipment available to them but refuse to use it."
April 22, 2005 at 12:00 AM
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