Legal Opinion
Claim of Wilcox v. Niagara Mohawk Power Corp.
Appellate Division of the Supreme Court of the State of New York
Decided January 28, 2010PublishedCited by 6 opinions
1Opinion of the CourtKavanagh, J.
Claimant sustained a work-related injury to his right ankle in December 2004, 12 years after undergoing surgery on the same ankle for a condition that was wholly unrelated to his employment. In support of claimant’s application for workers’ compensation benefits following the 2004 incident, claimant’s treating physician opined that claimant suffered a 45% schedule *1265loss of use of his right foot and did not attribute any portion of the loss to the noncompensable 1992 injury. A medical examiner who evaluated claimant on behalf of the self-insured employer and its third-party administrator…
2Cases cited3 opinions
- Claim of Krebs v. Town of IthacaAppellate Division of the Supreme Court of the State of New York · 2002
- Claim of Scally v. Ravena Coeymans Selkirk Central School DistrictAppellate Division of the Supreme Court of the State of New York · 2006
- Claim of Dimitriadis v. One SourceAppellate Division of the Supreme Court of the State of New York · 2008
3Cited by6 opinions
- Matter of Levitsky v. Garden Time, Inc.Appellate Division of the Supreme Court of the State of New York · 2015
- Matter of Sanchez v. Sts SteelAppellate Division of the Supreme Court of the State of New York · 2017
- Matter of Hughes v. Mid Hudson Psychiatric Ctr.Appellate Division of the Supreme Court of the State of New York · 2021
- Matter of Picone v. Putnam Hosp.Appellate Division of the Supreme Court of the State of New York · 2017
- Matter of Diamond v. Warren County Sheriff's OfficeAppellate Division of the Supreme Court of the State of New York · 2022
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