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In the Matter of Gaudenzia Hroncich, Respondent,v.Con Edison et al., Appellants, Special Disability Fund, Respondent. Workers' Compensation Board, Respondent.

Brief

13 Cited authorities

  1. Claim of Bruno v. Kelly Temp Service

    301 A.D.2d 730 (N.Y. App. Div. 2003)   Cited 17 times

    92364 Decided and Entered: January 2, 2003. Appeal from a decision of the Workers' Compensation Board, filed November 26, 2001, which ruled that apportionment applied to claimant's workers' compensation award. Segar Sciortino, Rochester (Stephen A. Segar of counsel), for appellant. Hamberger Weiss, Rochester (Ronald E. Weiss of counsel), for Kelly Temp Service and another, respondents. Before: Cardona, P.J., Crew III, Peters, Mugglin and, Lahtinen, JJ. MEMORANDUM AND ORDER Crew III, J. In 1997, claimant

  2. Webb v. Cooper Crouse

    62 A.D.3d 57 (N.Y. App. Div. 2009)   Cited 9 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).

  3. In re Carol Krausa

    84 A.D.3d 1545 (N.Y. App. Div. 2011)   Cited 7 times

    No. 510615. May 12, 2011. Appeal from a decision of the Workers' Compensation Board, filed December 21, 2009, which ruled that the employer's workers' compensation carrier was not entitled to reimbursement from the Special Disability Fund. Gregory J. Allen, State Insurance Fund, New York City (Marc H. Silver of counsel), for appellants. Steven M. Licht, Special Funds Conservation Committee, Albany (Jill B. Singer of counsel), for Special Disability Fund, respondent. Before: Rose, Malone Jr., Stein

  4. In the Matter of Ricci v. W.J. Riegel Sons

    278 A.D.2d 673 (N.Y. App. Div. 2000)   Cited 14 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

  5. Claim of Hogan v. Hilltop Manor of Niskayuna

    303 A.D.2d 822 (N.Y. App. Div. 2003)   Cited 11 times

    92609 Decided and Entered: March 6, 2003. Appeal from a decision of the Workers' Compensation Board, filed January 4, 2002, as amended by decision filed January 10, 2002, which apportioned one half of claimant's disability to a preexisting condition. Silverman, Silverman Seligman, Schenectady (Sunny Lee of counsel), for appellant. Walsh Hacker, Albany (Glenn D. Chase of counsel), for Hilltop Manor of Niskayuna and another, respondents. Before: Cardona, P.J., Crew III, Spain, Carpinello and Rose,

  6. Rosenblum v. N.Y.S. Workers' Compensation

    309 A.D.2d 120 (N.Y. App. Div. 2003)   Cited 7 times

    902 September 12, 2003. Petitioner appeals from a judgment of the Supreme Court, New York County (Herman Cahn, J.), entered on or about February 21, 2002, which denied and dismissed his petition brought, inter alia, to annul respondent's determination denying him authorization to conduct independent medical examinations in Workers' Compensation cases. Kenneth L. Kutner, of counsel (Scott I. Einiger, on the brief, Law Offices of Kenneth L. Kutner and Hoffman, Einiger Polland, attorneys) for petitioner-appellant

  7. 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

  8. Claim of Johnson v. Feinberg-Smith Assoc

    305 A.D.2d 826 (N.Y. App. Div. 2003)   Cited 1 times

    92300 Decided and Entered: May 15, 2003. Appeal from a decision of the Workers' Compensation Board, filed October 17, 2001, which ruled that apportionment did not apply to claimant's workers' compensation award. Levene, Gouldin Thompson L.L.P., Binghamton (Jason M. Carlton of counsel), for appellants. Steven Licht, Special Funds Conservation Committee, Cheektowaga (Melissa A. Day of counsel), for Special Funds Conservation Committee, respondent. Coughlin Gerhart L.L.P., Binghamton (Jeffrey A. Brown

  9. Matter of Rados v. Woodlawn Water Supply Dist

    31 A.D.2d 879 (N.Y. App. Div. 1969)   Cited 13 times

    February 20, 1969 REYNOLDS, J. Appeals by the employer and its insurance carrier and by the Special Fund for Reopened Cases from a decision of the Workmen's Compensation Board awarding the claimant death benefits and apportioning liability therefrom equally between the carrier and the Fund, by the employer and its carrier from a supplemental decision fixing the present value of their half of the award and by the Fund from a decision denying an application for reconsideration. On December 14, 1964

  10. Matter of Engle v. Niagara Mohawk

    160 N.E.2d 833 (N.Y. 1959)   Cited 14 times
    In Engle, the last accident preceding, and causative of the operation, performed three weeks later, was nonindustrial (6 A.D.2d 631, 632); here the industrial accident caused aggravation and created the immediate necessity for surgery. The expenses thereof being wholly attributable to the accident, the compensation payments during the postoperative recovery period were also properly chargeable to the carrier, without apportionment.