Legal Opinion

Claim of Cucinella v. New York City Transit Authority

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

Decided January 31, 2013Published

1Opinion of the CourtSpain, J.

Appeal from an amended decision of the Workers’ Compensation Board, filed June 29, 2010, which ruled that claimant violated Workers’ Compensation Law § 114-a and permanently disqualified him from receiving future wage replacement benefits.

In March 2000, claimant sustained injuries to his neck and back in the course of his employment as a bus driver. He was awarded workers’ compensation benefits and, in July 2002, was found to be permanently partially disabled. Thereafter, various proceedings were held in connection with, among other things, claimant’s assertion of reduced earnings. In March…

2Cases cited2 opinions

  1. Claim of Poli v. Taconic Correctional FacilityAppellate Division of the Supreme Court of the State of New York · 2011
  2. Claim of Outerie v. Derle Farms, Inc.Appellate Division of the Supreme Court of the State of New York · 2003

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