Legal Opinion

Southard v. Corning Hotel Corp.

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

Decided May 17, 2012PublishedCited by 4 opinions

1Opinion of the CourtKavanagh, J.

Appeal from a decision of the Workers’ Compensation Board, filed October 6, 2010, which discharged the Special Disability Fund from liability under Workers’ Compensation Law § 15 (8) (d).

In April 2004, claimant suffered a work-related injury to her back and left hip and was awarded workers’ compensation benefits.* The employer and its workers’ compensation carrier (hereinafter collectively referred to as the employer) sought reimbursement from the Special Disability Fund pursuant to Workers’ Compensation Law § 15 (8) (d), asserting that claimant’s preexisting arteriovenous malformation had…

2Cases cited5 opinions

  1. Sturtevant v. Broome CountyAppellate Division of the Supreme Court of the State of New York · 1992
  2. Claim of Burley v. Theriault TransportAppellate Division of the Supreme Court of the State of New York · 2011
  3. Claim of Saletta v. Allegheny Ludlum Steel Corp.Appellate Division of the Supreme Court of the State of New York · 1978
  4. Claim of Brown v. Guilderland Central School DistrictAppellate Division of the Supreme Court of the State of New York · 2011
  5. Claim of Eimers v. Lee's RestaurantAppellate Division of the Supreme Court of the State of New York · 1990

3Cited by4 opinions

  1. Matter of Schiffer v. Charming Shoppes of Del.Appellate Division of the Supreme Court of the State of New York · 2020
  2. Claim of Torres v. Kaufman's BakeryAppellate Division of the Supreme Court of the State of New York · 2012
  3. Claim of Torres v. Kaufman's BakeryAppellate Division of the Supreme Court of the State of New York · 2012
  4. Matter of Durham v. Wal-Mart Stores, Inc.Appellate Division of the Supreme Court of the State of New York · 2019

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