Legal Opinion

Anderson v. Central New York Developmental Disabilities Service Office

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

Decided December 11, 2003PublishedCited by 4 opinions

1Opinion of the CourtLahtinen, J.

Appeal from a decision of the Workers’ Compensation Board, filed July 1, 2002, which assessed a penalty for late payment of a workers’ compensation benefit.

The issue on appeal is whether a 20% penalty pursuant to Workers’ Compensation Law § 25 (3) (f) must be assessed against a workers’ compensation carrier when, because of the effect on its business operations of the terrorist attacks of September 11, 2001, its payment under a Workers’ Compensation Law § 32 waiver agreement was four days late. Claimant and the employer’s workers’ compensation carrier entered into a waiver agreement pursuant…

2Cases cited5 opinions

  1. Claim of Vukel v. New York Water & Sewer Mains, Inc.New York Court of Appeals · 2000
  2. Claim of Keser v. New York State Elmira Psychiatric CenterNew York Court of Appeals · 1998
  3. Claim of Surdi v. Premium Coal & Oil Co.New York Court of Appeals · 1981
  4. CB Richard Ellis, Buffalo, NY, LLC v. JLC Holdings, LLCAppellate Division of the Supreme Court of the State of New York · 2003
  5. Claim of Surdi v. Premium Coal & Oil Co.Appellate Division of the Supreme Court of the State of New York · 1979

3Cited by4 opinions

  1. Claim of Hart v. Pageprint/DekalbAppellate Division of the Supreme Court of the State of New York · 2004
  2. Johnson v. Shelmar Corp.Appellate Division of the Supreme Court of the State of New York · 2003
  3. Claim of Velez v. Modern Linens & TowelsAppellate Division of the Supreme Court of the State of New York · 2005
  4. Claim of Esad Desic v. Fairfield PropertiesAppellate Division of the Supreme Court of the State of New York · 2005

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