Legal Opinion

Held v. State of New York Workers' Compensation Board

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

Decided April 21, 2011PublishedCited by 14 opinions

1Opinion of the Court

OPINION OF THE COURT

Rose, J.

I

Our Workers’ Compensation Law requires employers to secure the payment of compensation to their employees either through the State Insurance Fund, by purchasing an insurance policy or by self-insurance (see Workers’ Compensation Law § 50). The option of self-insurance has long been available to individual employers whose financial resources are large enough for them to qualify (see Workers’ Compensation Law § 50 [3]). In 1966, the Legislature added subdivision (3-a) to Workers’ Compensation Law § 50 to permit smaller employers in similar fields to exercise the…

2Cases cited27 opinions

  1. Penn Central Transportation Co. v. New York CitySupreme Court of the United States · 1978
  2. Concrete Pipe & Products of Cal., Inc. v. Construction Laborers Pension Trust for Southern Cal.Supreme Court of the United States · 1993
  3. Usery v. Turner Elkhorn Mining Co.Supreme Court of the United States · 1976
  4. Lingle v. Chevron U. S. A. Inc.Supreme Court of the United States · 2005
  5. Palazzolo v. Rhode IslandSupreme Court of the United States · 2001

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3Cited by14 opinions

  1. Gabrielli v. Town of New PaltzAppellate Division of the Supreme Court of the State of New York · 2014
  2. VTR FV, LLC v. Town of GuilderlandAppellate Division of the Supreme Court of the State of New York · 2012
  3. Ass'n for Community Living, Inc. v. New York State Office of Mental HealthAppellate Division of the Supreme Court of the State of New York · 2012
  4. Commerce & Industry Insurance v. Department of TreasuryMichigan Court of Appeals · 2013
  5. People v. NovieAppellate Terms of the Supreme Court of New York · 2013

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