Legal Opinion

Claim of Rodriguez v. New Sans Souci, N.H.

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

Decided September 27, 2012Published

1Opinion of the CourtKavanagh, J.

Appeal from a decision of the Workers’ Compensation Board, filed February 7, 2010, which, among other things, suspended claimant’s workers’ compensation benefits pending proof that the employer’s workers’ compensation carrier consented to the settlement of claimant’s third-party action.

On May 9, 1999, claimant sustained a work-related injury to his back and knees and was awarded workers’ compensation benefits. Claimant underwent back surgery in connection with that accident in September 1999 and again in April 2003. In 2005, claimant was classified with a partial disability, and compensation…

2Cases cited3 opinions

  1. Claim of Amacio v. Tully ConstructionAppellate Division of the Supreme Court of the State of New York · 2011
  2. Claim of Hulbert v. Cortland County Sheriff's DepartmentAppellate Division of the Supreme Court of the State of New York · 2010
  3. Kirk v. Central Hudson Gas & Electric CoAppellate Division of the Supreme Court of the State of New York · 2008

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