Legal Opinion
Schmidt v. Falls Dodge, Inc.
New York Court of Appeals
Decided May 1, 2012PublishedCited by 6 opinions
1Opinion of the Court
OPINION OF THE COURT
Smith, J.
Workers’ Compensation Law § 15 (6) provides that compensation for any disability, partial or total, shall not exceed a fixed maximum per week. At issue in this case is the application of the cap when an employee has received several awards for different injuries, at least one of which is a so-called “schedule loss of use” award being paid periodically pursuant to the pre-2009 version of Workers’ Compensation Law § 25. We hold that in such cases an employee’s total weekly payment may not exceed the cap. The schedule award is not nullified by the other awards, but…
2Cases cited3 opinions
- LaCroix v. Syracuse Executive Air Service, Inc.New York Court of Appeals · 2007
- In re the Claim of Miller v. North Syracuse Central School DistrictAppellate Division of the Supreme Court of the State of New York · 2003
- Schmidt v. Falls Dodge, Inc.Appellate Division of the Supreme Court of the State of New York · 2009
3Cited by6 opinions
- Claim of Cruz v. City of New York Department of Children's ServicesAppellate Division of the Supreme Court of the State of New York · 2014
- Claim of Cruz v. City of New York Department of Children's ServicesAppellate Division of the Supreme Court of the State of New York · 2014
- Claim of Sciame v. Airborne Express, Inc.Appellate Division of the Supreme Court of the State of New York · 2012
- Claim of Sciame v. Airborne Express, Inc.Appellate Division of the Supreme Court of the State of New York · 2012
- Walczyk v. Lewis Tree Service, Inc.Appellate Division of the Supreme Court of the State of New York · 2015
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