Legal Opinion
Claim of Fabiano v. Sears
Appellate Division of the Supreme Court of the State of New York
Decided March 9, 2006PublishedCited by 5 opinions
1Opinion of the Court
Appeal from a decision of the Workers’ Compensation Board, filed June 27, 2005, which awarded claimant compensation for the period from December 28, 2001 to April 25, 2003.
After the employer perfected this appeal, the Board filed an amended decision which effectively rescinded its prior determination regarding the resumption of awards and returned the case to the trial calendar to determine compensation awards subsequent to the date of claimant’s retirement. Thus, this appeal has been rendered moot (see Matter of Bathrick v New York State Dept. of Transp., 278 AD2d 704, 705 [2000]; Matter of…
2Cases cited1 opinion
- Claim of Bathrick v. New York State Department of TransportationAppellate Division of the Supreme Court of the State of New York · 2000
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