Legal Opinion

Claim of Kirschner v. Rowe

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

Decided October 27, 1988PublishedCited by 6 opinions

1Opinion of the CourtMahoney, P. J.

Appeal from a decision of the Workers’ Compensation Board, filed May 22, 1987, which, inter alia, imposed liability on the Special Fund for Reopened Cases.

On October 8, 1968, claimant injured her lower back while working. In 1971 her case was closed upon an $8,500 lump-sum settlement. In 1972, after claimant suffered severe back and leg pain, the Workers’ Compensation Board reopened the case for consideration of a change in condition not contemplated at the time of the lump-sum settlement. Thereafter, there were numerous hearings, closings and reopenings until a May 1, 1980 hearing, at which…

2Cases cited5 opinions

  1. Claim of Scalesse v. Printing Advertising Corp.New York Court of Appeals · 1972
  2. Claim of McGarry v. Capatano & Grow Construction Co.Appellate Division of the Supreme Court of the State of New York · 1977
  3. Guarino v. Town of Islip Highway DepartmentAppellate Division of the Supreme Court of the State of New York · 1987
  4. Claim of Walker v. Carrier Air Conditioning Division of Carrier Corp.Appellate Division of the Supreme Court of the State of New York · 1985
  5. Claim of De Levie v. SmithAppellate Division of the Supreme Court of the State of New York · 1978

3Cited by6 opinions

  1. Claim of Knapp v. Empire Aluminum IndustriesAppellate Division of the Supreme Court of the State of New York · 1998
  2. Claim of Ford v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 2006
  3. Claim of Granberry v. JCCA Edenwald, Inc.Appellate Division of the Supreme Court of the State of New York · 2006
  4. Claim of Buffum v. Syracuse UniversityAppellate Division of the Supreme Court of the State of New York · 2004
  5. Claim of Ford v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 2005

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