Legal Opinion

Claim of Barberie v. Helmsley Spear Co.

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

Decided May 22, 2008PublishedCited by 4 opinions

1Opinion of the Court

Mercure, J.P.

Appeal from a decision of the Workers’ Compensation Board, filed August 28, 2006, which directed that the award of workers’ compensation benefits be paid by the Special Fund for Reopened Cases pursuant to Workers’ Compensation Law § 25-a.

In 1996, claimant was classified as having sustained a permanent, partial disability, which was apportioned 55% to a work-related 1992 injury and 45% to a 1989 claim. He was awarded compensation from August 1992 through January 1997. Claimant also pursued a third-party personal injury action, which resulted in a net settlement of $23,500 in…

2Cases cited12 opinions

  1. Kelly v. State Insurance FundNew York Court of Appeals · 1983
  2. Claim of Gantz v. Wallace & Tiernan Lucidol DivisionAppellate Division of the Supreme Court of the State of New York · 1973
  3. Claim of Manning v. Niagara Mohawk Power Corp.Appellate Division of the Supreme Court of the State of New York · 1986
  4. Belleville v. Madame Pirie's, Inc.Appellate Division of the Supreme Court of the State of New York · 2006
  5. Claim of Craven v. AndrewsAppellate Division of the Supreme Court of the State of New York · 1954

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3Cited by4 opinions

  1. Claim of Palermo v. Primo Coat Corp.Appellate Division of the Supreme Court of the State of New York · 2011
  2. Claim of Ewing v. YMCAAppellate Division of the Supreme Court of the State of New York · 2008
  3. Giglio v. C.I.R. ElectricalAppellate Division of the Supreme Court of the State of New York · 2008
  4. Marshall v. Roth Brothers Smelting Corp.Appellate Division of the Supreme Court of the State of New York · 2008

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