Legal Opinion

Matter of Oathout v. Averill Park Central Schools

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

Decided August 25, 2016No. 522125PublishedCited by 4 opinions

1Opinion of the CourtDevine, J.

Appeals (1) from a decision of the Workers’ Compensation Board, filed February 11, 2015, which ruled that claimant sustained a compensable injury, and (2) from a decision of said Board, filed June 3, 2015, which denied a request by the employer and its workers’ compensation carrier for reconsideration and/or full Board review.

Claimant, a custodial worker, was walking down a school hallway when she heard a pop in her right foot and felt a sharp pain. She was thereafter diagnosed with a fourth and fifth metatarsal fracture and applied for workers’ compensation benefits. The self-insured…

2Cases cited4 opinions

  1. Rolleri v. Mastic Beach Ambulance Co.Appellate Division of the Supreme Court of the State of New York · 2013
  2. Claim of Siennikov v. Professional Grade Construction, Inc.Appellate Division of the Supreme Court of the State of New York · 2016
  3. Claim of Cartwright v. Onondaga News AgencyAppellate Division of the Supreme Court of the State of New York · 2001
  4. Matter of Worthington v. Samaritan Medical CenterAppellate Division of the Supreme Court of the State of New York · 2015

3Cited by4 opinions

  1. Matter of Docking v. Lapp Insulators LLCAppellate Division of the Supreme Court of the State of New York · 2020
  2. Claim of Pereira-Jersey v. Rockland Community CollegeAppellate Division of the Supreme Court of the State of New York · 2017
  3. Matter of Larosa v. ABC Supply Co., Inc.Appellate Division of the Supreme Court of the State of New York · 2018
  4. Matter of Pilacik v. Jacsa, LLCAppellate Division of the Supreme Court of the State of New York · 2018

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