Legal Opinion
Claim of Ercole v. New York State Police
Appellate Division of the Supreme Court of the State of New York
Decided June 19, 2014Published
1Opinion of the CourtStein, J.
Appeal from an amended decision of the Workers’ Compensation Board, filed April 16, 2013, which, among other things, ruled that liability shifted to the Special Fund for Reopened Cases pursuant to Workers’ Compensation Law § 25-a.
Claimant, an investigator with the employer, suffered compensable injuries to his knees in 1996. He was awarded a schedule loss of use with respect to both legs and, in 2000, the case was closed. Claimant’s condition thereafter deteriorated and, in September 2011, his orthopedic surgeon requested authorization to perform a bilateral total knee replacement. The…
2Cases cited10 opinions
- Kurcsics v. Merchants Mutual InsuranceNew York Court of Appeals · 1980
- Riley v. Aircraft Products Manufacturing Corp.New York Court of Appeals · 1976
- De Mayo v. Rensselaer Polytech InstituteNew York Court of Appeals · 1989
- Ryan v. American Bridge Co.Appellate Division of the Supreme Court of the State of New York · 1935
- Claim of Catapano v. Jaw, Inc.Appellate Division of the Supreme Court of the State of New York · 2010
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