Legal Opinion

Claim of Friss v. City of Hudson Police Department

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

Decided January 21, 1993PublishedCited by 4 opinions

1Opinion of the Court

OPINION OF THE COURT

Harvey, J.

Claimant was a police officer who injured his back on October 27, 1988 when he slipped on some gravel as he was exiting a police car. By decision filed July 20, 1990, a Workers’ Compensation Law Judge (hereinafter WCLJ) established accident, notice and causal relationship for injury to the back and issued awards. However, claimant was subsequently convicted of a crime and sent to a Federal prison. Finding that incarceration is a superseding loss of earning capacity making the disability no longer the cause of lost wages, the WCLJ made an award for temporary…

2Cases cited5 opinions

  1. Claim of Buchanon v. Adirondack Steel Casting Co.Appellate Division of the Supreme Court of the State of New York · 1991
  2. Claim of Eberle v. New York State Department of Mental HygieneAppellate Division of the Supreme Court of the State of New York · 1977
  3. Claim of Clark v. General Electric Corp.Appellate Division of the Supreme Court of the State of New York · 1978
  4. Claim of Andrello v. Hotel Oneida & Bruno's Beach HouseAppellate Division of the Supreme Court of the State of New York · 1990
  5. Claim of Rogers v. Evans Plumbing & HeatingAppellate Division of the Supreme Court of the State of New York · 1991

3Cited by4 opinions

  1. Doner v. Nassau County Police DepartmentAppellate Division of the Supreme Court of the State of New York · 2005
  2. Claim of Supinski v. Bankers Trust Co.Appellate Division of the Supreme Court of the State of New York · 1997
  3. American Home Assurance Co. v. Highrise Construction Co.Appellate Division of the Supreme Court of the State of New York · 2013
  4. American Home Assurance Co. v. Highrise Construction Co.Appellate Division of the Supreme Court of the State of New York · 2013

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