Castro v. United Container Machinery Group. Inc

In Castro v. United Container Machinery Group. Inc., 2001 New York Slip Op. 05751 (Ct. App. June 28, 2001) the plaintiff had lost the tips of five fingers (three from his left hand, two from his right) in an accident involving a die-cutting machine. Id. However, the distal, or outermost, joints of the affected fingers remained intact. Id. The defendant and third-party plaintiff argued that plaintiffs injuries satisfied Workers' Compensation Law 11's grave injury requirement as a loss of multiple fingers in light of the statute's silence on the issue of partial losses. Id. The Court of Appeals found that the language of the statute is clear and requires the total loss of multiple fingers to qualify as a grave injury. Id. at 2.