Legal Opinion

Castro v. New York City Transit Authority

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

Decided April 11, 2008PublishedCited by 4 opinions

1Opinion of the CourtMalone Jr., J.

Appeal from a decision of the Workers’ Compensation Board, filed November 3, 2006, which ruled that the Special Fund for Reopened Cases is entitled to credit for a schedule loss of use award paid by the employer’s workers’ compensation carrier.

Claimant suffered compensable injuries to his right knee in 1992 and 1994. In 2001, claimant and the employer’s workers’ compensation carrier stipulated to a 22.5% schedule loss of use award with respect to such injuries, which was approved by a Workers’ Compensation Law Judge, and the cases were closed. When the cases were reopened in June 2005, the…

2Cases cited2 opinions

  1. De Mayo v. Rensselaer Polytech InstituteNew York Court of Appeals · 1989
  2. Claim of Alber v. TobinAppellate Division of the Supreme Court of the State of New York · 1969

3Cited by4 opinions

  1. Claim of Fitzgerald v. Berkshire Farm Center & Services for YouthAppellate Division of the Supreme Court of the State of New York · 2011
  2. Lynch v. Buffalo Bills, Inc.Appellate Division of the Supreme Court of the State of New York · 2009
  3. Claim of Ercole v. New York State PoliceAppellate Division of the Supreme Court of the State of New York · 2014
  4. Claim of Ercole v. New York State PoliceAppellate Division of the Supreme Court of the State of New York · 2014

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