Legal Opinion
Kirk v. Central Hudson Gas & Electric Co
Appellate Division of the Supreme Court of the State of New York
Decided April 11, 2008PublishedCited by 3 opinions
1Opinion of the CourtStein, J.
Appeal from a decision of the Workers’ Compensation Board, filed January 11, 2007, which ruled that the employer’s workers’ compensation carrier was not entitled to offset its future compensation payments to claimant pursuant to Workers’ Compensation Law § 29 (4).
Claimant was exposed to asbestos while employed by Central Hudson Gas & Electric Company. He was a plaintiff in a class action lawsuit filed in 1993 against asbestos manufacturers. That claim was settled, with the consent of the employer’s workers’ compensation carrier, for $44,868.76. The recovery was explicitly based on claimant’s…
2Cases cited4 opinions
- Claim of Petterson v. Daystrom Corp.New York Court of Appeals · 1966
- Shutter v. Philips Display Components Co.New York Court of Appeals · 1997
- MATTER OF RYAN v. Gen. Elec. Co.New York Court of Appeals · 1970
- Claim of Murphy v. New York City Police DepartmentAppellate Division of the Supreme Court of the State of New York · 2000
3Cited by3 opinions
- Claim of Hiser v. Richmor Aviation, Inc.Appellate Division of the Supreme Court of the State of New York · 2010
- Claim of Rodriguez v. New Sans Souci, N.H.Appellate Division of the Supreme Court of the State of New York · 2012
- Claim of Rodriguez v. New Sans Souci, N.H.Appellate Division of the Supreme Court of the State of New York · 2012