Legal Opinion

Claim of Cartuccio v. New York State Department of Corrections

Appellate Division of the Supreme Court of the State of New York

Decided June 13, 2013Published

1Opinion of the CourtRose, J.

Appeal from a decision of the Workers’ Compensation Board, filed March 12, 2012, which ruled that claimant violated Workers’ Compensation Law § 114-a and permanently disqualified him from receiving future wage replacement benefits.

Claimant’s workers’ compensation claim was established for stress-related symptoms due to his work as a correction officer, and his injury was classified as a permanent partial disability in 2001. In 2010, the employer and its workers’ compensation carrier sought further proceedings before the Workers’ Compensation Board, alleging that claimant had knowingly…

2Cases cited3 opinions

  1. Claim of Hammes v. Sunrise Psychiatric Clinic, Inc.Appellate Division of the Supreme Court of the State of New York · 2009
  2. Claim of Engoltz v. Stewart's Ice CreamAppellate Division of the Supreme Court of the State of New York · 2012
  3. Claim of Bottieri v. New York State Department of Taxation & FinanceAppellate Division of the Supreme Court of the State of New York · 2006

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