Legal Opinion

In re the Claim of Dixon v. Plumbing

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

Decided November 27, 2013Published

1Opinion of the CourtEgan Jr., J.

Appeal from a decision of the Workers’ Compensation Board, filed January 11, 2013, which ruled, among other things, that claimant did not sustain a compensable injury and denied his claim for workers’ compensation benefits.

Claimant allegedly injured his back while working as a plumber at Madison Square Garden on Thursday, September 22, 2011. Claimant did not report to work the following day and was laid off at the close of business on Monday, September 26, 2011. Claimant was aware — prior to sustaining his purported injury — that a general layoff was imminent and testified that, following…

2Cases cited13 opinions

  1. Claim of Hammes v. Sunrise Psychiatric Clinic, Inc.Appellate Division of the Supreme Court of the State of New York · 2009
  2. Rolleri v. Mastic Beach Ambulance Co.Appellate Division of the Supreme Court of the State of New York · 2013
  3. Claim of Klamka v. Consolidated Edison Co. of New York, Inc.Appellate Division of the Supreme Court of the State of New York · 2011
  4. Claim of Dusharm v. Green Island Contracting, LLCAppellate Division of the Supreme Court of the State of New York · 2009
  5. Claim of Fedor-Leo v. Broome County Sheriff's DepartmentAppellate Division of the Supreme Court of the State of New York · 2003

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