Legal Opinion

Claim of Appley v. American Food

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

Decided March 31, 2011PublishedCited by 6 opinions

1Opinion of the Court

Mercure, J.P.

Claimant sustained a work-related injury in 2003 that was not classified as a permanent partial disability until six years later. Pursuant to amendments to the Workers’ Compensation Law in 2007, a Workers’ Compensation Law Judge (hereinafter WCLJ) directed the employer’s workers’ compensation carrier to deposit the present value of claimant’s uncapped benefit award into the aggregate trust fund (see Workers’ Compensation Law § 27 [2]; Matter of Proulx v Burnett Process, 11 AD3d 1036, 1037-1038 [2010]; Matter of Collins v Dukes Plumbing & Sewer Serv., Inc., 75 AD3d 697, 698-700…

2Cases cited2 opinions

  1. Claim of Collins v. Dukes Plumbing & Sewer Service, Inc.Appellate Division of the Supreme Court of the State of New York · 2010
  2. Dickinson v. UscholdAppellate Division of the Supreme Court of the State of New York · 2004

3Cited by6 opinions

  1. Claim of Messina v. Hudson News Co.Appellate Division of the Supreme Court of the State of New York · 2013
  2. Claim of Messina v. Hudson News Co.Appellate Division of the Supreme Court of the State of New York · 2013
  3. Claim of Monahan v. Founders Pavilion, Inc.Appellate Division of the Supreme Court of the State of New York · 2014
  4. Claim of Monahan v. Founders Pavilion, Inc.Appellate Division of the Supreme Court of the State of New York · 2014
  5. Matter of Marku v. ABM IndustriesAppellate Division of the Supreme Court of the State of New York · 2015

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