Legal Opinion

Greenberg v. New York City Transit Authority

New York Court of Appeals

Decided May 4, 2006PublishedCited by 7 opinions

POINTS OF COUNSEL

1Opinion of the Court

OPINION OF THE COURT

R.S. Smith, J.

We hold that an award of damages under Workers’ Compensation Law § 120 to an employee who has been discharged for claiming or attempting to claim workers’ compensation benefits may include predecision interest.

Facts and Procedural History

Claimant was fired by the New York City Transit Authority in 1994, shortly after making a claim for workers’ compensation benefits. The Workers’ Compensation Board found that the firing was retaliatory and so violated Workers’ Compensation Law § 120. Claimant, reinstated to his job in 1997, asked the Board to award him…

2Cases cited2 opinions

  1. Aurecchione v. New York State Division of Human RightsNew York Court of Appeals · 2002
  2. Bello v. Roswell Park Cancer InstituteNew York Court of Appeals · 2005

3Cited by7 opinions

  1. Liberty Mutual Insurance Company v. HurlbutCourt of Appeals for the Second Circuit · 2009
  2. John Tipaldo v. Christopher LynnNew York Court of Appeals · 2015
  3. Claim of Coleman v. Compass Group USA, Inc.Appellate Division of the Supreme Court of the State of New York · 2013
  4. Claim of Coleman v. Compass Group USA, Inc.Appellate Division of the Supreme Court of the State of New York · 2013
  5. Greenberg v. New York City Transit AuthorityNew York Court of Appeals · 2006

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