Legal Opinion

Belmonte v. Snashall

New York Court of Appeals

Decided June 10, 2004PublishedCited by 56 opinions

1Opinion of the Court

*563OPINION OF THE COURT

Cipaeick, J.

This appeal presents a question of statutory interpretation— whether the term “board certified” as used in Workers’ Compensation Law § 137 (3) (a) means certification by a medical specialty board or certification by the Workers’ Compensation Board (WCB). We also address whether the regulations promulgated by the WCB appropriately defined “board certified” as certification by a medical speciality board recognized by either the American Board of Medical Specialties (ABMS) or American Osteopathic Association (AOA) (see 12 NYCRR 300.2 [b] [3]).

In 2000, the…

2Cases cited5 opinions

  1. Levine v. WhalenNew York Court of Appeals · 1976
  2. In re the Claim of GruberNew York Court of Appeals · 1996
  3. Castro v. United Container MacHinery Group, Inc.New York Court of Appeals · 2001
  4. Rosenblum v. New York State Workers' Compensation BoardAppellate Division of the Supreme Court of the State of New York · 2003
  5. Belmonte v. SnashallAppellate Division of the Supreme Court of the State of New York · 2003

3Cited by56 opinions

  1. Roberts v. Tishman Speyer Properties, L.P.Appellate Division of the Supreme Court of the State of New York · 2009
  2. Violet Realty, Inc. v. City of Buffalo Planning BoardAppellate Division of the Supreme Court of the State of New York · 2005
  3. Matter of Soriano v. EliaAppellate Division of the Supreme Court of the State of New York · 2017
  4. Matter of Bartolacci v. Village of Tarrytown Zoning Bd. of AppealsAppellate Division of the Supreme Court of the State of New York · 2016
  5. Matter of Matzell v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2020

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