Legal Opinion
Claim of Manning v. Niagara Mohawk Power Corp.
Appellate Division of the Supreme Court of the State of New York
Decided April 24, 1986PublishedCited by 6 opinions
1Opinion of the Court
— Kane, J. P.
Appeal from a decision of the Workers’ Compensation Board, filed April 11, 1985.
At issue on this appeal is whether it is the responsibility of the insurance carrier or the Special Fund for Reopened Cases to reimburse claimant for medical expenses incurred in excess of his net recovery in a third-party action following a compensable injury. The amounts are substantial as a result of claimant’s continuing total disability since his injury in 1962.
The record demonstrates that subsequent to the closing of this case on April 24, 1968 and after disposition of the recovery in the…
2Cases cited2 opinions
- Claim of Dimaggio v. International Chimney Corp.Appellate Division of the Supreme Court of the State of New York · 1954
- Claim of Schreckinger v. York Distributors, Inc.Appellate Division of the Supreme Court of the State of New York · 1959
3Cited by6 opinions
- Manning v. Utilities Mutual Insurance Co.Court of Appeals for the Second Circuit · 2001
- Belleville v. Madame Pirie's, Inc.Appellate Division of the Supreme Court of the State of New York · 2006
- Claim of Barberie v. Helmsley Spear Co.Appellate Division of the Supreme Court of the State of New York · 2008
- Manning v. Utilities Mutual InsuranceCourt of Appeals for the Second Circuit · 2001
- Claim of Kusy v. South Orangetown Central School DistrictAppellate Division of the Supreme Court of the State of New York · 2006
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