Legal Opinion
Claim of McCormack v. Eastport Manor Construction
Appellate Division of the Supreme Court of the State of New York
Decided June 16, 2005PublishedCited by 11 opinions
1Opinion of the Court
Crew III, J.P.
Appeal from a decision of the Workers’ Compensation Board, filed July 29, 2003, which ruled that claimant violated Workers’ Compensation Law § 114-a and disqualified him from receiving wage replacement benefits.
Claimant suffered a work-related accident in May 2001 when he was thrown from the vehicle he was operating and injured, among other things, his head, neck and lower back. At the initial hearing conducted in this matter in April 2002, claimant was asked whether he had returned to work “in any capacity” since the underlying accident, and claimant responded in the negative.…
2Cases cited3 opinions
- Losurdo v. Asbestos Free, Inc.New York Court of Appeals · 2003
- Claim of Bowes v. Gulinello's Town & CountryAppellate Division of the Supreme Court of the State of New York · 2004
- Claim of Speer v. Wackenhut Corp.Appellate Division of the Supreme Court of the State of New York · 2005
3Cited by11 opinions
- Claim of Wesley Church v. Arrow Electronic, Inc.Appellate Division of the Supreme Court of the State of New York · 2010
- Claim of Jordan v. Saratoga County Public Health NursesAppellate Division of the Supreme Court of the State of New York · 2007
- Matter of Martinez v. Kingston City School DistrictAppellate Division of the Supreme Court of the State of New York · 2016
- Claim of Lopresti v. Washington MillsAppellate Division of the Supreme Court of the State of New York · 2005
- Claim of Dishaw v. Midas Service ExpertsAppellate Division of the Supreme Court of the State of New York · 2006
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