Legal Opinion

Claim of McNichols v. New York City Department of Corrections

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

Decided June 23, 2016No. 521038PublishedCited by 5 opinions

1Opinion of the CourtDevine, J.

Appeal from a decision of the Workers’ Compensation Board, filed July 30, 2014, which ruled, among other things, that claimant was excused from providing timely notice of his accident pursuant to Workers’ Compensation Law § 18.

Claimant, a correction officer, sustained injuries on November 23, 2010 when he was assaulted by multiple inmates. His ensuing application for workers’ compensation benefits was established for injuries to his back and left shoulder. Claimant continued to receive medical treatment for pain and, in October 2012, requested authorization for cervical spine surgery. The…

2Cases cited8 opinions

  1. Matter of Lopadchak v. R.W. Express LLCAppellate Division of the Supreme Court of the State of New York · 2015
  2. Claim of McCarthy v. Verizon WirelessAppellate Division of the Supreme Court of the State of New York · 2011
  3. Miner v. Cayuga Correctional FacilityAppellate Division of the Supreme Court of the State of New York · 2005
  4. Claim of Keegan v. Kraft, Inc.Appellate Division of the Supreme Court of the State of New York · 1993
  5. Hollenbeck v. Hollenbeck & DaileyAppellate Division of the Supreme Court of the State of New York · 2003

3 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Matter of Rydstrom v. Precision Carpentry of Westchester, Inc.Appellate Division of the Supreme Court of the State of New York · 2017
  2. Matter of Kinkhabwala v. ADP Totalsource Fl XIX IncAppellate Division of the Supreme Court of the State of New York · 2017
  3. Matter of Colamaio-Kohl v. Task Essential Corp.Appellate Division of the Supreme Court of the State of New York · 2018
  4. Matter of Horvath v. Mega ForkliftAppellate Division of the Supreme Court of the State of New York · 2019
  5. Matter of Nukicic v. McLane NortheastAppellate Division of the Supreme Court of the State of New York · 2019

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