18 Cited authorities

  1. Webb v. Cooper Crouse

    62 A.D.3d 57 (N.Y. App. Div. 2009)   Cited 7 times
    In Webb, which was handed down only a few months before the WCLJ's decision, the Appellate Division endorsed the Board's view, expressed in its decision in Buffalo Forge Co. (2005 WL 1794390, *2-5, 2005 NY Wrk Comp LEXIS 6235, *6-14 [WCB No. 80205320, July 25, 2005]), that "apportionment is not available between work-related and non-work-related causes of death" when determining death benefits (62 AD3d at 60).
  2. In the Matter of Ricci v. W.J. Riegel Sons

    278 A.D.2d 673 (N.Y. App. Div. 2000)   Cited 12 times

    December 21, 2000. Appeal from a decision of the Workers' Compensation Board, filed September 15, 1998, which ruled that decedent's death arose out of and in the course of his employment and made an award of workers' compensation benefits. Sullivan, Cunningham, Keenan, Mraz Lemire (Christopher R. Lemire of counsel), Albany, for C.N.A. Insurance Company, appellant. Eliot Spitzer, Attorney-General (Claire T. O'Keefe of counsel), New York City, for Workers' Compensation Board, respondent. Bruce B. Rubin

  3. Claim of Cool v. TP Brake & Muffler, Inc.

    305 A.D.2d 886 (N.Y. App. Div. 2003)   Cited 4 times

    92068 May 22, 2003. Appeal from a decision of the Workers' Compensation Board, filed October 30, 2001, which ruled, inter alia, that apportionment applied to claimant's workers' compensation award. Fallon Fallon L.L.P., Syracuse (Megan M. Fallon of counsel), for appellant. Hinman, Howard Kattell L.L.P., Binghamton (Alex C. Dell of counsel), for TP Brake Muffler, Inc. and another, respondents. Before: Cardona, P.J., Mercure, Peters, Carpinello and, Lahtinen, JJ. MEMORANDUM AND ORDER Lahtinen, J. Claimant

  4. In Matter of Claim of Brown v. Harden Furniture

    34 A.D.3d 1028 (N.Y. App. Div. 2006)   Cited 1 times

    No. 99228. November 16, 2006. Spain, J. Appeal from a decision of the Workers' Compensation Board, filed January 24, 2005, which determined that apportionment did not apply to claimant's workers' compensation award. Before: Mercure, J.P., Peters, Carpinello and Kane, JJ., concur. On April 22, 2002, claimant's decedent, a truck driver, began experiencing what appeared to be stomach pains while attempting to unload a heavy piece of furniture. A witness, who observed him lie down on the end of his trailer

  5. Matter of Allen v. Colgan

    190 A.D.2d 939 (N.Y. App. Div. 1993)   Cited 3 times

    February 11, 1993 Appeal from the Workers' Compensation Board. Harvey, J. On May 27, 1988, James P. Allen (hereinafter decedent) suffered a fall at his place of employment that left him a quadraplegic and in a coma until his death on January 6, 1991. Decedent's son, Timothy, filed for workers' compensation death benefits but his claim was denied because he was over 18 years of age and was not attending school on a full-time basis (see, Workers' Compensation Law § 16 [2-a], [3-a]). Letters of administration

  6. Passante v. Walden Printing

    53 A.D.2d 8 (N.Y. App. Div. 1976)   Cited 14 times
    In Passante the court noted that death benefits are derived from the employment relationship itself, but a married woman has less security than a married man because of the conclusive presumption of dependency accorded to the widow but not the widower.
  7. Matter of Ellert v. Ellert Bros. Sons, Inc.

    78 A.D.2d 744 (N.Y. App. Div. 1980)   Cited 3 times

    October 23, 1980 Appeal from a decision of the Workers' Compensation Board, filed May 4, 1979. Claimant incurred a serious injury to his right knee on November 2, 1972 when he fell into a well pit while working for the employer. On February 21, 1975, he was found to have a permanent partial disability with a 75% loss of earning capacity; 40% of the permanent partial disability was found to be related to the accident on November 2, 1972, and 60% was found to be causally related to a pre-existing condition

  8. Matter of Rooney v. Barker's Department Store

    97 A.D.2d 587 (N.Y. App. Div. 1983)

    October 6, 1983 Appeal from a decision of the Workers' Compensation Board, filed June 29, 1982. This case involves a determination by the board which found one third of claimant's over-all partial disability involving injury to the lower back area attributable to each of two work-related accidents, which occurred on October 20, 1975 and May 13, 1976, and one third attributable to a nonrelated accident in October of 1976. The sole issue before this court is whether the board erred in apportioning

  9. Matter of Post v. Burger Gohlke

    111 N.E. 351 (N.Y. 1916)   Cited 98 times
    In Post v. Burger Gohlke, 216 N.Y. 544 [ 111 N.E. 351, Ann. Cas. 1916B, 158], this extraterritorial effect was given the New York act on the basis of the fiction of a "constructive contract", on the theory that the legislature had the power "to compel a contract between employer and employee that is extraterritorial in effect".
  10. Matter of Reagin v. Collins

    52 A.D.2d 1010 (N.Y. App. Div. 1976)

    May 27, 1976 Appeal from a decision of the Workmen's Compensation Board, filed January 14, 1974, which apportioned liability for the death benefits in excess of 104 weeks equally between the employer's insurance carrier and the Special Disability Fund. While employed by Charles Collins, Sr., during 1969, the deceased, James E. Reagin, Sr., suffered two compensable heart attacks, and, as a result of both attacks, he died on December 14, 1971. Pursuant to subdivision 8 of section 15 Work. Comp. of