Legal Opinion
Malone v. Bob Bernhardt Paving
New York Court of Appeals
Decided April 6, 2004PublishedCited by 10 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed, with costs. The Appellate Division properly upheld the Workers’ Compensation Board’s imposition of a penalty under Workers’ Compensation Law § 25 (3) (f) against the carrier for failure to pay the award within 10 days. The penalty award is consistent with the purpose of the statute “in favor of prompt payment of workers’ compensation benefits to injured employees” (Matter of Keser v New York State Elmira Psychiatric Ctr., 92 NY2d 100, 105 [1998]). The carrier’s mistake in addressing the payment to the wrong…
2Cases cited2 opinions
- In re Charles A. Field Delivery Service, Inc.New York Court of Appeals · 1985
- Claim of Keser v. New York State Elmira Psychiatric CenterNew York Court of Appeals · 1998
3Cited by10 opinions
- Claim of Isaacs v. Fleet Financial ServicesAppellate Division of the Supreme Court of the State of New York · 2004
- Matter of Szymanski v. ABA Tech Indus., Inc.Appellate Division of the Supreme Court of the State of New York · 2022
- Claim of Aska v. United Jewish AppealAppellate Division of the Supreme Court of the State of New York · 2013
- Claim of Aska v. United Jewish AppealAppellate Division of the Supreme Court of the State of New York · 2013
- Claim of Mucci v. New York State Department of CorrectionsAppellate Division of the Supreme Court of the State of New York · 2012
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