Legal Opinion

Claim of Lala v. Siteworks Contracting Corp.

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

Decided June 1, 2017No. 523867Published

1Opinion of the CourtAarons, J.

Appeal from a decision of the Workers’ Compensation Board, filed December 22, 2015, which ruled that the carrier’s credit under Workers’ Compensation Law § 29 (4) was exhausted on August 20, 2013.

Claimant, a truck driver, filed a claim for workers’ compensation benefits in connection with injuries that he sustained in an October 9, 2007 work-related motor vehicle accident. His case was established for injuries to both knees as well as his right hip, and his average weekly wage was set at $1,533.69. As a result of the accident, claimant commenced a third-party action that was settled on March…

2Cases cited5 opinions

  1. Kelly v. State Insurance FundNew York Court of Appeals · 1983
  2. Burns v. VarrialeNew York Court of Appeals · 2007
  3. Brisson v. County of OnondagaNew York Court of Appeals · 2006
  4. Stenson v. New York State Department of TransportationAppellate Division of the Supreme Court of the State of New York · 2011
  5. Matter of McQueer v. Adirondack Tank Services, Inc.Appellate Division of the Supreme Court of the State of New York · 2016

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