Legal Opinion

Matter of Scalo v. C.D. Perry & Sons, Inc.

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

Decided June 25, 2015No. 520111PublishedCited by 3 opinions

1Opinion of the CourtRose, J.

Appeal from a decision of the Workers’ Compensation Board, filed February 10, 2014, which denied the request of the employer and its workers’ compensation carrier for reconsideration and/or full Board review.

Claimant filed a claim for workers’ compensation benefits after he injured his back while working for the employer. The employer controverted the claim, arguing that the injury was not work-related or, in the alternative, that the injury is subject to apportionment. Following a hearing, a Workers’ Compensation Law Judge established the claim and awarded benefits without apportionment, and…

2Cases cited4 opinions

  1. Claim of Barone v. Interstate Maintenance Corp.Appellate Division of the Supreme Court of the State of New York · 2010
  2. Claim of Green v. Kimber Manufacturing, Inc.Appellate Division of the Supreme Court of the State of New York · 2009
  3. Claim of Capalbo v. Stone & Webster Construction ServicesAppellate Division of the Supreme Court of the State of New York · 2012
  4. Cross v. G.A. Hall, Inc.Appellate Division of the Supreme Court of the State of New York · 2005

3Cited by3 opinions

  1. Matter of Fuller-Astarita v. ABA Transp. Holding Co.Appellate Division of the Supreme Court of the State of New York · 2019
  2. Matter of Medina v. American Maintenance Inc.Appellate Division of the Supreme Court of the State of New York · 2024
  3. Matter of Sanders v. NYU Langone Hosps.Appellate Division of the Supreme Court of the State of New York · 2025

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