Legal Opinion
Matter of Dudek v. Victory Markets
Appellate Division of the Supreme Court of the State of New York
Decided March 26, 2015No. 518943PublishedCited by 4 opinions
1Opinion of the CourtEgan Jr., J.
Appeal from a decision of the Workers’ Compensation Board, filed August 6, 2013, which ruled, among other things, that claimant’s claim could not be reopened pursuant to Workers’ Compensation Law § 123.
In February 1986, claimant sustained a work-related injury to his right knee. Claimant underwent knee surgery a few months later and, despite the fact that an award of workers’ compensation benefits had not been made, the workers’ compensation carrier for his employer paid him compensation from August 1986 to October 1986. Claimant was cleared to return to work on October 13, 1986, and no…
2Cases cited4 opinions
- Zechmann v. Canisteo Volunteer Fire DepartmentNew York Court of Appeals · 1995
- Claim of Carubia v. Colt IndustriesAppellate Division of the Supreme Court of the State of New York · 2004
- Claim of Early v. New York Telephone Co.Appellate Division of the Supreme Court of the State of New York · 2008
- Claim of Gregorec v. Brenners Furniture Co.Appellate Division of the Supreme Court of the State of New York · 2009
3Cited by4 opinions
- Matter of Mallen v. ACE Tinsmith & Bldg. Prods.Appellate Division of the Supreme Court of the State of New York · 2022
- Matter of Herberger v. Thomas Johnson, Inc.Appellate Division of the Supreme Court of the State of New York · 2019
- Matter of Holsopple v. United Parcel Serv.Appellate Division of the Supreme Court of the State of New York · 2018
- Matter of Smith v. New York State Dept. of Corr.Appellate Division of the Supreme Court of the State of New York · 2019