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
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
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
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
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
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
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