Legal Opinion
Claim of Burley v. Theriault Transport
Appellate Division of the Supreme Court of the State of New York
Decided June 16, 2011PublishedCited by 22 opinions
1Opinion of the Court
Mercure, J.P.
Appeal from a decision of the Workers’ Compensation Board, filed March 11, 2010, which ruled that the employer’s workers’ compensation carrier is entitled to reimbursement from the Special Disability Fund.
Claimant, a truck driver for the employer, sustained multiple injuries in a head-on collision while driving a cement truck in July 2004, the most severe of which was a massive tear of his left rotator cuff. He was awarded benefits based upon his injuries. Prior to 2004, claimant suffered from an array of maladies, and had back surgery in 1994. Hence, the employer and its…
2Cases cited3 opinions
- Claim of Grabinsky v. First At Nursing ServicesAppellate Division of the Supreme Court of the State of New York · 2010
- Claim of Dupuis v. LayAppellate Division of the Supreme Court of the State of New York · 2010
- Claim of Horwath v. BSB Inns, Inc.Appellate Division of the Supreme Court of the State of New York · 2010
3Cited by22 opinions
- Claim of Zeppieri v. Hofstra UniversityAppellate Division of the Supreme Court of the State of New York · 2012
- Southard v. Corning Hotel Corp.Appellate Division of the Supreme Court of the State of New York · 2012
- Matter of Szadek v. Wilson GreatbatchAppellate Division of the Supreme Court of the State of New York · 2016
- Claim of Conway-Acevedo v. Consolidated Edison Co. of N.Y., Inc.Appellate Division of the Supreme Court of the State of New York · 2014
- Claim of Conway-Acevedo v. Consolidated Edison Co. of N.Y., Inc.Appellate Division of the Supreme Court of the State of New York · 2014
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