Legal Opinion

Claim of Miller v. Joyful Farms

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

Decided December 6, 2012Published

1Opinion of the CourtStein, J.

*1193We affirm. The employer is responsible for claimant’s medical care and treatment, including nursing and home care services “performed by claimant’s spouse” (Matter of Manning v Niagara Mohawk Power Corp., 198 AD2d 561, 562 [1993]; see Workers’ Compensation Law § 13 [a]; Matter of Haney v Schiavone Constr., 195 AD2d 628, 629 [1993]). Substantial evidence in the record supports the Board’s finding that claimant’s wife in fact provides such services in addition to tasks she previously performed around their home. Indeed, she now devotes significant portions of her time to caring for claimant…

2Cases cited4 opinions

  1. Claim of Manning v. Niagara Mohawk Power Corp.Appellate Division of the Supreme Court of the State of New York · 1993
  2. Claim of Haney v. Schiavone ConstructionAppellate Division of the Supreme Court of the State of New York · 1993
  3. Claim of Mamone v. GriegeAppellate Division of the Supreme Court of the State of New York · 1987
  4. Claim of Leskin v. Savin Construction Co.Appellate Division of the Supreme Court of the State of New York · 1964

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