Legal Opinion

Dory v. New York State Electric & Gas Corp.

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

Decided July 2, 2009PublishedCited by 9 opinions

1Opinion of the CourtMcCarthy, J.

Appeal from a decision of the Workers’ Compensation Board, filed March 19, 2008, which ruled that claimant did not violate Workers’ Compensation Law § 114-a.

Claimant received workers’ compensation benefits for a permanent partial disability apportioned between three work-related back injuries. In June 2006, an investigator hired by the employer’s workers’ compensation carrier observed claimant using a squat press machine. Claimant testified in November 2006 that he did not do squat presses and his physicians testified that he should not do so. The employer and carrier thereafter sought to…

2Cases cited3 opinions

  1. Claim of Monroe v. Town of ChesterAppellate Division of the Supreme Court of the State of New York · 2007
  2. Monzon v. Sam Bernard Construction Inc.Appellate Division of the Supreme Court of the State of New York · 2009
  3. Claim of McKenzie v. Revere Copper ProductsAppellate Division of the Supreme Court of the State of New York · 2007

3Cited by9 opinions

  1. Claim of Hammes v. Sunrise Psychiatric Clinic, Inc.Appellate Division of the Supreme Court of the State of New York · 2009
  2. Claim of Engoltz v. Stewart's Ice CreamAppellate Division of the Supreme Court of the State of New York · 2012
  3. Claim of Hamza v. Steinway & SonsAppellate Division of the Supreme Court of the State of New York · 2011
  4. Ridgeway v. RGRTA Regional Transit ServiceAppellate Division of the Supreme Court of the State of New York · 2009
  5. Claim of Gillan v. New York State Department of CorrectionsAppellate Division of the Supreme Court of the State of New York · 2011

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