Legal Opinion

Claim of Lamantia v. Midland Elevator Co.

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

Decided February 26, 2009PublishedCited by 3 opinions

1Opinion of the CourtStein, J.

Appeals from a decision and an amended decision of the Workers’ Compensation Board, filed July 27, 2007 and July 9, 2008, which ruled that claimant’s schedule loss of use award is not subject to a nonschedule award to claimant in another workers’ compensation case.

Claimant filed two separate claims for workers’ compensation benefits in March 2005. One claim was for bilateral carpal tunnel syndrome and the other was related to a back injury. A Workers’ Compensation Law Judge (hereinafter WCLJ) found that a compensable back injury of a temporary nature existed and awarded claimant a nonschedule…

2Cases cited7 opinions

  1. Matter of Marhoffer v. . MarhofferNew York Court of Appeals · 1917
  2. LaCroix v. Syracuse Executive Air Service, Inc.New York Court of Appeals · 2007
  3. MATTER OF LYNCH v. Bd. of Educ. of the City of New YorkNew York Court of Appeals · 1957
  4. In re the Claim of Miller v. North Syracuse Central School DistrictAppellate Division of the Supreme Court of the State of New York · 2003
  5. Soper v. Gouverneur Talc Co.Appellate Division of the Supreme Court of the State of New York · 1997

2 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Claim of Sciame v. Airborne Express, Inc.Appellate Division of the Supreme Court of the State of New York · 2012
  2. Claim of Sciame v. Airborne Express, Inc.Appellate Division of the Supreme Court of the State of New York · 2012
  3. Matter of Taher v. Yiota Taxi, Inc.Appellate Division of the Supreme Court of the State of New York · 2018

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