Legal Opinion

In the Matter of Somers v. Demco

New York Court of Appeals

Decided January 11, 2007PublishedCited by 9 opinions

1Opinion of the Court

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed with costs.

In order to promote the employment of disabled people, the Legislature created the Special Disability Fund. That Fund reimburses carriers and employers for part of their liability under the Workers’ Compensation Law to a worker who becomes permanently disabled, if that worker was previously suffering from a “permanent physical impairment,” and the preexisting impairment causes the permanent disability to be “materially and substantially greater” than it would have been otherwise (Workers’…

2Cases cited2 opinions

  1. Claim of Hirschhorn v. L & N Fruit & Produce, Inc.Appellate Division of the Supreme Court of the State of New York · 1974
  2. Claim of Burch v. HawkinsAppellate Division of the Supreme Court of the State of New York · 1959

3Cited by9 opinions

  1. Claim of Stokes v. Valeo Electrical Systems, Inc.Appellate Division of the Supreme Court of the State of New York · 2007
  2. Claim of Hammond v. Dutchess Building SpecialistsAppellate Division of the Supreme Court of the State of New York · 2011
  3. Claim of Copak v. Our Lady of VictoryAppellate Division of the Supreme Court of the State of New York · 2011
  4. Claim of Stevens v. HotelsAppellate Division of the Supreme Court of the State of New York · 2012
  5. Claim of Rodriguez v. Metal Cladding, Inc.Appellate Division of the Supreme Court of the State of New York · 2013

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