Legal Opinion
Claim of Green v. Kamalian
Appellate Division of the Supreme Court of the State of New York
Decided June 16, 1988PublishedCited by 1 opinion
1Opinion of the CourtCasey, J.
Appeal from a decision of the Workers’ Compensation Board, filed December 23, 1986.
Decedent was struck and killed by a falling tree on the employer’s farm while cutting trees for firewood, a task for which he had been hired by the employer. Claimant, individually (as decedent’s widow) and as administratrix of decedent’s estate, commenced a wrongful death action against the employer and, after Supreme Court denied the employer’s motion to dismiss based upon the exclusive remedy of workers’ compensation, the action was settled by the payment of $65,000 to decedent’s estate. Claimant thereafter…
2Cases cited6 opinions
- Botwinick v. OgdenNew York Court of Appeals · 1983
- Shine v. Duncan Petroleum Transport, Inc.New York Court of Appeals · 1983
- Claim of Martin v. C. A. Productions Co.New York Court of Appeals · 1960
- Bonilla v. AbbottAppellate Division of the Supreme Court of the State of New York · 1985
- Claim of Russell v. 231 Lexington Avenue Corp.New York Court of Appeals · 1935
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3Cited by1 opinion
- Rifkin v. Dan's Supreme Supermarket, Inc.Appellate Division of the Supreme Court of the State of New York · 1993