Legal Opinion

Claim of Kendle v. Colonie Masonry Corp.

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

Decided December 16, 1993PublishedCited by 4 opinions

1Opinion of the CourtWeiss, P. J.

Appeal from a decision of the Workers’ Compensation Board, filed January 23, 1992.

On September 17, 1990 while employed full time as a laborer, claimant fell 15 to 20 feet off a scaffold striking his head and landing on his back. He was rendered unconscious and suffered, among other things, a burst fracture at L-l vertebra which necessitated a spinal fusion.

The employer does not contest the existence of the accident and resultant injuries, but contends that responsibility should be apportioned with injuries claimant sustained in a 1985 automobile accident. The Workers’ Compensation Board found…

2Cases cited5 opinions

  1. 300 Gramatan Avenue Associates v. State Division of Human RightsNew York Court of Appeals · 1978
  2. Claim of Di Fabio v. Albany County Department of Social ServicesAppellate Division of the Supreme Court of the State of New York · 1990
  3. Claim of Roselli v. Middletown School DistrictAppellate Division of the Supreme Court of the State of New York · 1988
  4. Claim of Zanetti v. Orange & Rockland Utilities, Inc.Appellate Division of the Supreme Court of the State of New York · 1987
  5. Claim of Henderson v. Capitol Davis Joint VentureAppellate Division of the Supreme Court of the State of New York · 1983

3Cited by4 opinions

  1. Claim of Krebs v. Town of IthacaAppellate Division of the Supreme Court of the State of New York · 2002
  2. Claim of Ricci v. W.J. Riegel & Sons, Inc.Appellate Division of the Supreme Court of the State of New York · 2000
  3. Claim of Maliszewska v. DupuyAppellate Division of the Supreme Court of the State of New York · 2001
  4. Woods v. Marriott Corp.Appellate Division of the Supreme Court of the State of New York · 2001

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