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In the Matter of Beth V., Appellant,v.New York State Office of Children & Family Services et al., Respondents. Workers' Compensation Board, Respondent.

Brief

17 Cited authorities

  1. Memphis Community School Dist. v. Stachura

    477 U.S. 299 (1986)   Cited 1,316 times   2 Legal Analyses
    Holding that damages awards under section 1983 "may include not only out-of-pocket loss and other monetary harms, but also such injuries such as . . . mental anguish and suffering"

  2. Burns v. Varriale

    2007 N.Y. Slip Op. 7498 (N.Y. 2007)   Cited 62 times   1 Legal Analyses
    In Burns v Varriale (9 NY3d 207 [2007]), cited by the majority (see majority op at 4, 5), this Court was called upon to address a question entirely different from the one raised by this case.

  3. Matter Kelly v. State Ins. Fund

    60 N.Y.2d 131 (N.Y. 1983)   Cited 79 times   2 Legal Analyses
    Stating that "[u]nder [Workers' Compensation Law § 29] petitioner was deemed to be entitled to have the costs she incurred in bringing the action, including her attorney's fees, apportioned" and "the lien . . . is subordinate to a deduction for costs and attorney's fees"

  4. Granger v. Urda

    44 N.Y.2d 91 (N.Y. 1978)   Cited 71 times
    In Granger, the Court of Appeals described a problem "apparently not contemplated by the Legislature" in the following terms (at p 99): "In enacting the no-fault law, the Legislature chose not to alter the absolute nature of the section 29 lien in favor of a compensation carrier which attaches to the `proceeds of any recovery' in favor of a compensation claimant against a third party.

  5. Hanford v. Plaza Packaging

    2 N.Y.3d 348 (N.Y. 2004)   Cited 26 times
    Holding that two people are within the same employ if the accident occurred "within the scope" of their employment

  6. Matter of Petterson v. Daystrom Corp.

    17 N.Y.2d 32 (N.Y. 1966)   Cited 91 times
    In Petterson v. Daystrom Corp., 17 N.Y.2d 32, 268 N.Y.S.2d 1, 215 N.E.2d 329 (1966) the issue before the court was whether the workmen's compensation insurance carrier was entitled to a credit against the proceeds of a settlement of a wrongful death action instituted in a foreign state.

  7. Valley Disposal v. Central Vermont Solid Waste

    113 F.3d 357 (2d Cir. 1997)   Cited 31 times
    Noting that setoff is to be made via counterclaim

  8. Shutter v. Philips Display Co.

    90 N.Y.2d 703 (N.Y. 1997)   Cited 22 times
    In Matter of Shutter v. Philips Display Components Co. (90 N.Y.2d 703, 708) the Court of Appeals interpreted Workers' Compensation Law § 29 Work. Comp.(1) and 29(4), stating, "[t]ogether, these terms indicate that the lien and offset tools [of the Workers' Compensation Law] may be applied only against recoveries from the third-party tortfeasors who are responsible for the claimant's injuries".

  9. In re Hiser

    72 A.D.3d 1423 (N.Y. App. Div. 2010)   Cited 3 times

    No. 507081. April 29, 2010. Appeal from a decision of the Workers' Compensation Board, filed August 29, 2008, which ruled that the employer's workers' compensation carrier was entitled to offset its future compensation to claimant pursuant to Workers' Compensation Law § 29 (4). Buckley, Mendleson, Criscione Quinn, P.C., Albany (James E. Buckley of counsel), for appellant. Stockton, Barker Mead, L.L.P., Albany (Leith Carole Ramsey of counsel), for Richmor Aviation, Inc. and another, respondents. Before:

  10. Beeks v. Hundley

    34 F.3d 658 (8th Cir. 1994)   Cited 15 times
    In Beeks, the state's actions reduced neither the § 1983 judgment debtor's burdens nor its own, and they therefore did not reduce the deterrent effect of the judgment in the way that Connecticut's actions did here.

  11. Section 1983 - Civil action for deprivation of rights

    42 U.S.C. § 1983   Cited 486,856 times   688 Legal Analyses
    Holding liable any state actor who "subjects, or causes [a person] to be subjected" to a constitutional violation