Legal Opinion
Claim of Daly v. Michael Daly Construction Corp.
Appellate Division of the Supreme Court of the State of New York
Decided January 7, 1988PublishedCited by 7 opinions
1Opinion of the Court
Yesawich, Jr., J.
Appeal from a decision of the Workers’ Compensation Board, filed November 3, 1986, which ruled that claimant’s failure to seek the consent of his employer’s workers’ compensation carrier to settlement of a third-party action barred further awards.
Claimant sustained serious injuries in a 1977 two-car collision that occurred in Pennsylvania. In January 1978, he filed for workers’ compensation benefits in New York. The employer’s workers’ compensation carrier controverted the claim, contending that there was no employer/employee relationship and that the accident did not arise…
2Cases cited4 opinions
- Claim of Meachem v. New York Central RailroadNew York Court of Appeals · 1960
- Claim of Burton v. ITT Continental Baking Co.Appellate Division of the Supreme Court of the State of New York · 1983
- Claim of Dalton v. Journeymen, Plumbers & Apprentice SteamfittersAppellate Division of the Supreme Court of the State of New York · 1964
- Claim of Moore v. Metropolitan Suburban Bus AuthorityAppellate Division of the Supreme Court of the State of New York · 1982
3Cited by7 opinions
- Claim of Johnson v. Buffalo & Erie County Private Industry CouncilNew York Court of Appeals · 1994
- Claim of Parmelee v. International Paper Co.Appellate Division of the Supreme Court of the State of New York · 1990
- Berry v. St. Peter's HospitalNew York Supreme Court · 1997
- Borrowman v. Insurance Co. of North AmericaAppellate Division of the Supreme Court of the State of New York · 1993
- Claim of Vincent v. Geneva Pizza, Inc.Appellate Division of the Supreme Court of the State of New York · 1993
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