Legal Opinion

Claim of Peck v. Village of Gouverneur

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

Decided February 10, 2005PublishedCited by 5 opinions

1Opinion of the CourtKane, J.

Appeal from a decision of the Workers’ Compensation Board, filed April 10, 2003, which ruled that apportionment did not apply to claimant’s workers’ compensation award.

Claimant, a volunteer firefighter, sustained injuries to his head, chest and neck when the fire truck in which he was riding while responding to a fire struck a dip in the road. Claimant’s claim for workers’ compensation benefits was established in 2000. However, when a subsequent surgical procedure undertaken to mitigate claimant’s continuing pain and discomfort from a fracture at the injury site revealed cancerous growths…

2Cases cited4 opinions

  1. Claim of Krebs v. Town of IthacaAppellate Division of the Supreme Court of the State of New York · 2002
  2. Claim of Bruno v. Kelly Temp ServiceAppellate Division of the Supreme Court of the State of New York · 2003
  3. Claim of Johnson v. Feinberg-Smith Associates, Inc.Appellate Division of the Supreme Court of the State of New York · 2003
  4. Claim of Miller v. Congel-Palenscar, Inc.Appellate Division of the Supreme Court of the State of New York · 1997

3Cited by5 opinions

  1. Bremner v. New Venture GearAppellate Division of the Supreme Court of the State of New York · 2006
  2. Claim of Altobelli v. Allinger Temporary Services, Inc.Appellate Division of the Supreme Court of the State of New York · 2010
  3. Claim of Hargraves v. Dormann LibraryAppellate Division of the Supreme Court of the State of New York · 2005
  4. Matter of Lattanzio v. Consolidated Edison of NYAppellate Division of the Supreme Court of the State of New York · 2015
  5. Matter of Whitney v. Pregis Corp.Appellate Division of the Supreme Court of the State of New York · 2019

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