Legal Opinion

LaCroix v. Syracuse Executive Air Service, Inc.

New York Court of Appeals

Decided March 29, 2007PublishedCited by 26 opinions

1Opinion of the Court

*351OPINION OF THE COURT

Chief Judge Kaye.

The question before us is whether, as a matter of policy under the Workers’ Compensation Law, compensation for loss of use of a body part due to permanent partial disability — known as a “schedule loss of use” award — is payable as a lump sum, or must be made over time. We conclude that the statute’s directive that payments be made “periodically” precludes a policy of lump-sum payment of schedule loss of use awards.

In November 2002, claimant Marie LaCroix, a Delta baggage handler employed by Syracuse Executive Air Service, slipped and fell on an iced-over…

2Cases cited9 opinions

  1. Kurcsics v. Merchants Mutual InsuranceNew York Court of Appeals · 1980
  2. In re Charles A. Field Delivery Service, Inc.New York Court of Appeals · 1985
  3. Matter of Marhoffer v. . MarhofferNew York Court of Appeals · 1917
  4. Claim of Landgrebe v. County of WestchesterNew York Court of Appeals · 1982
  5. MATTER OF LYNCH v. Bd. of Educ. of the City of New YorkNew York Court of Appeals · 1957

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3Cited by26 opinions

  1. Matter of Mancini v. Office of Children & Family Servs.New York Court of Appeals · 2018
  2. Ramroop v. Flexo-Craft Printing, Inc.New York Court of Appeals · 2008
  3. Matter of Sanchez v. Jacobi Med. Ctr.Appellate Division of the Supreme Court of the State of New York · 2020
  4. Weeks Woodlands Ass'n v. Dormitory AuthorityAppellate Division of the Supreme Court of the State of New York · 2012
  5. Claim of Krausa v. Totales Debevoise Corp.Appellate Division of the Supreme Court of the State of New York · 2011

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