Legal Opinion · Dissent
Claim of Surdi v. Premium Coal & Oil Co.
Appellate Division of the Supreme Court of the State of New York
Decided August 9, 1979Published
1Dissent
Mahoney, P. J., and Mikoll, J.,
dissent and vote to reverse in the following memorandum by Mahoney, P. J. Mahoney, P. J. (dissenting). Once the board made the lump-sum nonschedule adjustment to settle the claim and closed the case, the agreed upon sum of $13,000 became the award and represented "payments of compensation” as contemplated by the applicable penalty provisions of the Workers’ Compensation Law (Workers’ Compensation Law, § 25, subd 3, par [c]; see Matter of Hart v Perkins, 258 NY 66; Matter of Hart v Perkins, 258 NY 61; Matter of Badarie v Charles B. Gols, Inc., 25 AD2d 79, mot for…
2Cases cited6 opinions
- Matter of Hart v. PerkinsNew York Court of Appeals · 1932
- Matter of Hart v. PerkinsNew York Court of Appeals · 1932
- Claim of Nute v. Bank of CommerceAppellate Division of the Supreme Court of the State of New York · 1968
- Claim of Badarie v. Charles B. Gols, Inc.Appellate Division of the Supreme Court of the State of New York · 1966
- Claim of Beckman v. BreweryAppellate Division of the Supreme Court of the State of New York · 1967
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