Legal Opinion

Matter of McCabe v. Albany County Sheriff's Department

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

Decided June 18, 2015No. 518891PublishedCited by 4 opinions

1Opinion of the CourtGarry, J.

Appeal from a decision of the Workers’ Compensation Board, filed August 27, 2013, which, among other things, ruled that claimant’s counsel fee award was a lien against compensation awarded as a credit to the employer.

Claimant was employed as a correction officer by the Albany County Sheriffs Department, a self-insured employer. While performing his duties in 2006, he sustained various injuries that prevented him from working. Thereafter, he was paid his full wages by the employer pursuant to General Municipal Law § 207-c. Claimant’s undisputed workers’ compensation claim was established for…

2Cases cited9 opinions

  1. Claim of Keser v. New York State Elmira Psychiatric CenterNew York Court of Appeals · 1998
  2. Claim of Dickman v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1966
  3. MATTER OF DICKMAN v. City of New YorkNew York Court of Appeals · 1966
  4. Claim of Marchese v. New York State Department of Correctional ServicesAppellate Division of the Supreme Court of the State of New York · 2002
  5. Leone v. Oneida County Sheriff's DepartmentNew York Court of Appeals · 1992

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3Cited by4 opinions

  1. The Matter of James R. Diegelman v. City of BuffaloNew York Court of Appeals · 2016
  2. Matter of Pickering v. Car Win Construction, Inc.Appellate Division of the Supreme Court of the State of New York · 2015
  3. Matter of Peralta v. Supreme Ct., 1st Jud. Dept.Appellate Division of the Supreme Court of the State of New York · 2025
  4. The Matter of James R. Diegelman v. City of BuffaloNew York Court of Appeals · 2016

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