Legal Opinion
Claim of Johnson v. Buffalo & Erie County Private Industry Council
New York Court of Appeals
Decided June 21, 1994PublishedCited by 49 opinions
1Opinion of the Court
*16OPINION OF THE COURT
Smith, J.
In this proceeding the issues are (1) whether workers’ compensation benefits paid to a claimant beyond three years may properly be construed as payment for "basic economic loss” under this Court’s decision in Dietrick v Kemper Ins. Co. (76 NY2d 248), and thus not subject to a compensation carrier’s Workers’ Compensation Law §29 lien and (2) whether a claimant may continue to receive compensation payments for permanent partial disability where the carrier’s consent was not obtained prior to the claimant’s settlement of a third-party action. Because payment of…
2Cases cited9 opinions
- Dietrick v. Kemper InsuranceNew York Court of Appeals · 1990
- Claim of Simmons v. St. Lawrence County CDP, Inc.Appellate Division of the Supreme Court of the State of New York · 1989
- Claim of Fellner v. Country Wide InsuranceAppellate Division of the Supreme Court of the State of New York · 1983
- Claim of Parmelee v. International Paper Co.Appellate Division of the Supreme Court of the State of New York · 1990
- Claim of Daly v. Michael Daly Construction Corp.Appellate Division of the Supreme Court of the State of New York · 1988
4 more not listed; retrieve them via the Exa API.
3Cited by49 opinions
- Brisson v. County of OnondagaNew York Court of Appeals · 2006
- Stiffen v. CNA InsuranceAppellate Division of the Supreme Court of the State of New York · 2001
- Northrop v. ThorsenAppellate Division of the Supreme Court of the State of New York · 2007
- Shutter v. Philips Display Components Co.New York Court of Appeals · 1997
- Bernthon v. Utica Mutual InsuranceAppellate Division of the Supreme Court of the State of New York · 2001
44 more not listed; retrieve them via the Exa API.