Legal Opinion · Dissent
Claim of Lemon v. New York City Transit Authority
New York Court of Appeals
Decided July 7, 1988Published
1Dissent
Hancock, Jr., J.
(dissenting). I would affirm. The Workers’ Compensation Law was enacted by the Legislature for economic and humanitarian reasons to protect employees and their families by providing "no-fault” recovery for injuries arising out of and in the course of employment (Matter of Richardson v Fiedler Roofing, 67 NY2d 246, 250-251; Surace v Danna, 248 NY 18, 20-21). To carry out this purpose and to implement the underlying legislative policy, the Legislature created the Workers’ Compensation Board and entrusted it with the authority of determining whether particular claims are…
2Cases cited28 opinions
- Surace v. DannaNew York Court of Appeals · 1928
- In re the Claim of FisherNew York Court of Appeals · 1975
- Claim of Kowalek v. New York Consolidated RailroadNew York Court of Appeals · 1920
- Claim of Richardson v. Fiedler Roofing, Inc.New York Court of Appeals · 1986
- Claim of De Voe v. New York State RailwaysNew York Court of Appeals · 1916
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