Legal Opinion

Claim of Carney v. Newburgh Park Motors

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

Decided October 8, 1981PublishedCited by 17 opinions

1Opinion of the Court

Appeal from a decision of the Workers’ Compensation Board, filed August 11, 1980, which held the State Insurance Fund liable as sole carrier. Claimant filed a claim for compensation on February 11,1974, premised on an, occupational disease of the lungs. He claimed that emphysema was triggered by the dust and fumes present in the area where he worked. His disability, though controverted by the State Insurance Fund, was established as of February 22,1972; benefits were paid, and the case closed. On July 1,1977, the case was reopened upon application of the State Insurance Fund, which contended…

2Cases cited5 opinions

  1. Commissioners of State Insurance Fund v. LowNew York Court of Appeals · 1958
  2. In re Jamestown Lodge 1681 Loyal Order of Moose, Inc.Appellate Division of the Supreme Court of the State of New York · 1969
  3. Commissioners of the State Insurance Fund v. LowAppellate Division of the Supreme Court of the State of New York · 1955
  4. Di Giacomo v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1977
  5. In re the Claim of LeveyAppellate Division of the Supreme Court of the State of New York · 1970

3Cited by17 opinions

  1. In Re Albion Disposal, Inc.District Court, W.D. New York · 1997
  2. Taylor v. Vassar CollegeAppellate Division of the Supreme Court of the State of New York · 1988
  3. Claim of Schroeter v. Grand Hyatt HotelAppellate Division of the Supreme Court of the State of New York · 1999
  4. Commissioners of State Insurance Fund v. M. Mathews & Sons Co.Appellate Division of the Supreme Court of the State of New York · 1987
  5. Finchum v. ColaiacomoAppellate Division of the Supreme Court of the State of New York · 2008

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