Legal Opinion

Johnson v. Shelmar Corp.

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

Decided December 11, 2003PublishedCited by 5 opinions

1Opinion of the CourtCarpinello, J.

Appeal from a decision of the Workers’ Compensation Board, filed July 1, 2002, which assessed a penalty for late payment of workers’ compensation benefits.

Claimant suffered work-related injuries in 1993. The parties negotiated a settlement pursuant to Workers’ Compensation Law § 32 and a notice of approval was filed September 12, 2001. The resulting settlement funds were mailed to claimant on September 24, 2001. Claimant thereafter requested the imposition of a 20% penalty on the ground that the payment was made more than 10 days after the filing of the notice of approval in violation of…

2Cases cited2 opinions

  1. Block v. MageeAppellate Division of the Supreme Court of the State of New York · 1989
  2. Anderson v. Central New York Developmental Disabilities Service OfficeAppellate Division of the Supreme Court of the State of New York · 2003

3Cited by5 opinions

  1. Swantz v. Planning BoardAppellate Division of the Supreme Court of the State of New York · 2006
  2. Claim of Hart v. Pageprint/DekalbAppellate Division of the Supreme Court of the State of New York · 2004
  3. 11th Street LLC v. Certain Underwriters At Lloyd's London Subscribing to Certificate Number AMR-37891-05District Court, S.D. New York · 2023
  4. In re the Trust Created by the Will of SchuylerAppellate Division of the Supreme Court of the State of New York · 2015
  5. In re the Trust Created by the Will of SchuylerAppellate Division of the Supreme Court of the State of New York · 2015

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