Legal Opinion

Claim of Caldwell v. Alliance Consulting Group, Inc.

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

Decided April 1, 2004PublishedCited by 7 opinions

1Opinion of the CourtRose, J.

Appeal from a decision of the Workers’ Compensation Board, filed August 21, 2002, which, inter alia, ruled that decedent’s father was entitled to a share of the death benefit award made in accordance with Workers’ Compensation Law § 16 (4-b).

In this case of statutory construction, the Workers’ Compensation Board has interpreted the term “parent” in Workers’ Compensation Law § 16 (4-b) as meaning simply the biological father and mother of a child. On the other hand, claimant Elsie Caldwell urges a conditional interpretation in order to reach her goal of revoking a statutory parental right.…

2Cases cited8 opinions

  1. Alison D. v. Virginia M.New York Court of Appeals · 1991
  2. People v. TychanskiNew York Court of Appeals · 1991
  3. Rosner v. Metropolitan Property & Liability InsuranceNew York Court of Appeals · 2001
  4. Castro v. United Container MacHinery Group, Inc.New York Court of Appeals · 2001
  5. MATTER OF ORENS v. NovelloNew York Court of Appeals · 2002

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3Cited by7 opinions

  1. United States v. SmithDistrict Court, S.D. New York · 2014
  2. Claim of Valentine v. American AirlinesAppellate Division of the Supreme Court of the State of New York · 2005
  3. Claim of Crisman v. Marsh & McLennan Companies, Inc.Appellate Division of the Supreme Court of the State of New York · 2004
  4. Goldman v. SteinAppellate Division of the Supreme Court of the State of New York · 2009
  5. Hama v. RiverSource Life InsuranceNew York Surrogate's Court · 2012

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