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Tag Archives: Workers compensation

Court of Appeals — Workers’ Compensation: Village Ilion, et al. v. County of Herkimer, et al.

New York State Court of Appeals Workers’ Compensation Self-insurance Plans — Withdrawal — Present Value of Claims Village Ilion, et al. v. County of Herkimer, et al. No. 80 Judge Lippman Background: The dispute arises out of the administration of ...

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Second Circuit — Workers’ Compensation: Hallock v. Koubek

U.S. Court of Appeals for the Second Circuit Workers’ Compensation Exclusive Remedy — New York Vehicle & Traffic Law Hallock v. Koubek 12-2905-cv Judges Lohier, Carney and Rakoff Background: The defendant appealed from the denial of his motion for summary ...

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Court of Appeals — Workers’ Compensation: Isabella et al., and Hallock et al. v. Koubeck

New York State Court of Appeals Workers’ Compensation Motor Vehicle Accident — Owner Vicarious Liability Isabella et al., and Hallock et al. v. Koubeck No. 45 Judge Graffeo Background: The Second Circuit asked the Court of Appeals to determine the ...

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Fourth Department — Workers’ Compensation: Tomushunas v. Designcrete of America

Appellate Division, Fourth Department Workers’ Compensation Employer Immunity to Suit Tomushunas v. Designcrete of America CA 13-00960 Appealed from Supreme Court, Onondaga County Background: The plaintiff commenced an action against her former employer and its principal alleging assault, intentional infliction of ...

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Court of Appeals — Workers’ Compensation: Beth V. v. New York State Office of Children & Family Services, et al.

New York State Court of Appeals Workers’ Compensation Third-Party Action — Settlement Credit Beth V. v. New York State Office of Children & Family Services, et al. No. 202 Judge Read Background: On appeal, the Court of Appeals was asked ...

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Court of Appeals — Workers’ Compensation: Hronicich v. Con Edison

New York State Court of Appeals Workers’ Compensation Death Benefits — Apportionment Hronicich v. Con Edison No. 145 Judge Read Background: At issue on this appeal is whether the Workers’ Compensation Law requires apportionment of death benefits between work-related and non-work ...

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WDNY — Workers’ Compensation: Hallock v. Koubek

U.S. District Court, WDNY Workers’ Compensation Motor Vehicle Accident —Contribution Hallock v. Koubek 12-2905-cv Judges Lohier, Carney and Rakoff   Background: The defendant appealed from the denial of his motion for summary judgment wherein the court determined that the defendant, ...

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Court of Appeals — Workers’ Compensation: Howard v. Statute Electric, Inc., et al.

New York State Court of Appeals Workers’ Compensation Alford Plea Howard v. Statute Electric, Inc., et al. No. 29 Judge Pigott Background: At issue was whether the claimant’s Alford plea should be given preclusive effect in a subsequent workers’ compensation ...

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WDNY — Workers’ Compensation: Baxter v. Techtronic Industries, et al.

U.S. District Court, WDNY Workers’ Compensation Third-Party Action — Notice to Injured Worker Baxter v. Techtronic Industries, et al. 11-cv-6254L Judge Larimer Background: A workers’ compensation carrier brought an action on behalf of the named plaintiff as the assignee of ...

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Court of Claims — Workers’ Compensation: Lepkowski v. State

New York State Court of Claims  Workers’ Compensation Negligence of Non-Employee Lepkowski v. State 120475 Judge Patti Background: The claimant commenced an action seeking damages for an accident that resulted in right shoulder, right rib and right arm injuries. The defendant ...

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Fourth Department — Workers’ Compensation: Ciapa v. Miso, et al.

Appellate Division, Fourth Department Workers’ Compensation Corporate Officers — Exclusive Remedy Ciapa v. Miso, et al. CA 12-00960 Appealed from Supreme Court, Erie County Background: The plaintiff commenced an action after a slip and fall that occurred while working at ...

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Fourth Department — Workers’ Compensation: Johnson v. Del Valle

Appellate Division, Fourth Department Workers’ Compensation Scope of Employment Johnson v. Del Valle CA 12-00576 Appealed from Supreme Court, Onondaga County Background: The plaintiff brought an action seeking damages for injuries he sustained at work when the defendant, the plaintiff’s ...

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