Legal Opinion

Marshall v. Roth Brothers Smelting Corp.

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

Decided October 30, 2008PublishedCited by 1 opinion

1Opinion of the CourtRose, J.

Appeal from a decision of the Workers’ Compensation Board, filed April 25, 2007, which transferred liability to the Special Fund for Reopened Cases pursuant to Workers’ Compensation Law § 25-a.

Claimant sustained a work-related injury in July 1995. In 1998, after a hearing, the Workers’ Compensation Law Judge found the total value of a schedule loss of use award to be $44,391. Of that total, claimant received the proceeds of a settlement with a third party in the amount of $15,333.33 and a deficiency award of compensation in the amount of $29,082.02 that was paid by the employer’s workers’…

2Cases cited11 opinions

  1. Kelly v. State Insurance FundNew York Court of Appeals · 1983
  2. Claim of Bates v. Finger Lakes Truck RentalAppellate Division of the Supreme Court of the State of New York · 2007
  3. Claim of Gantz v. Wallace & Tiernan Lucidol DivisionAppellate Division of the Supreme Court of the State of New York · 1973
  4. Claim of Manning v. Niagara Mohawk Power Corp.Appellate Division of the Supreme Court of the State of New York · 1986
  5. Belleville v. Madame Pirie's, Inc.Appellate Division of the Supreme Court of the State of New York · 2006

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3Cited by1 opinion

  1. Claim of Lauritano v. Consolidated Edison Co.Appellate Division of the Supreme Court of the State of New York · 2009

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