Legal Opinion

Claim of Kondylis v. Alatis Interiors Co.

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

Decided April 10, 2014Published

1Opinion of the CourtEgan Jr., J.

Appeal from a decision of the Workers’ Compensation Board, filed May 30, 2012, which ruled that claimant was not entitled to a schedule loss of use award.

Claimant, a painter, was injured in June 2008 while lifting a heavy object, and his resulting claim for workers’ compensation benefits initially was established for injuries to his back and left knee. A Workers’ Compensation Law Judge (hereinafter WCLJ) awarded benefits, which continued until claimant’s death from unrelated causes in July 2009. Thereafter, claimant’s attorney sought to amend the claim for injuries to claimant’s neck and…

2Cases cited9 opinions

  1. Claim of Jaquin v. Community Covenant ChurchAppellate Division of the Supreme Court of the State of New York · 2010
  2. Hemphill v. RockAppellate Division of the Supreme Court of the State of New York · 1982
  3. Giaquinto v. Commissioner of the New York State Department of HealthAppellate Division of the Supreme Court of the State of New York · 2012
  4. Claim of Haight v. EdisonAppellate Division of the Supreme Court of the State of New York · 2010
  5. Bauernfeind v. Albany Medical Center HospitalAppellate Division of the Supreme Court of the State of New York · 1989

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