Legal Opinion

Claim of Funke v. Eastern Suffolk BOCES

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

Decided January 13, 2011PublishedCited by 3 opinions

1Opinion of the CourtMercure, J.

Appeal from an amended decision of the Workers’ Compensation Board, filed December 30, 2009, which ruled that claimant had involuntarily retired but that subsequent lost earnings were not causally related to claimant’s work-related disability.

Claimant, a former teacher’s assistant for special needs students, sustained a work-related injury to her neck, back and shoulder when she was assaulted by a student in 2005. She was awarded workers’ compensation benefits and returned to work a month later. In 2007, the claim was amended to include consequential post-traumatic stress disorder, and…

2Cases cited14 opinions

  1. Burns v. VarrialeNew York Court of Appeals · 2007
  2. Dudlo v. PlasticsAppellate Division of the Supreme Court of the State of New York · 1986
  3. Pittman v. ABM Industries, Inc.Appellate Division of the Supreme Court of the State of New York · 2005
  4. Claim of Peck v. James Square Nursing HomeAppellate Division of the Supreme Court of the State of New York · 2006
  5. Claim of Yamonaco v. Union Carbide Corp.Appellate Division of the Supreme Court of the State of New York · 1973

9 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Claim of Coyle v. Midwest SteelAppellate Division of the Supreme Court of the State of New York · 2011
  2. Claim of Schirizzo v. Citibank NA-BankingAppellate Division of the Supreme Court of the State of New York · 2015
  3. Claim of Schirizzo v. Citibank NA-BankingAppellate Division of the Supreme Court of the State of New York · 2015

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