Legal Opinion

Banton v. New York City Department of Corrections

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

Decided December 19, 2013Published

1Opinion of the CourtMcCarthy, J.

Appeal from a decision of the Workers’ Compensation Board, filed September 6, 2012, which, among other things, assessed a monetary penalty against claimant’s counsel pursuant to Workers’ Compensation Law § 114-a (3) (ii).

After claimant was injured in a work-related incident, he filed a claim for workers’ compensation benefits. Claimant’s counsel sought a change of venue to a location closer to counsel’s office, relying upon a purported “Board Rule 10.01 (1) (c),” which counsel said required the Workers’ Compensation Board to grant the request. Finding that no such “Board Rule” exists, that…

2Cases cited3 opinions

  1. Shields v. CarboneAppellate Division of the Supreme Court of the State of New York · 2012
  2. Claim of Poli v. Taconic Correctional FacilityAppellate Division of the Supreme Court of the State of New York · 2011
  3. Wilson v. WilsonAppellate Division of the Supreme Court of the State of New York · 2011

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