Legal Opinion
Claim of Smith v. LSI Lighting Services
Appellate Division of the Supreme Court of the State of New York
Decided February 7, 2002PublishedCited by 3 opinions
1Opinion of the CourtMercure, J.
Appeal from a decision of the Workers’ Compensation Board, filed November 14, 2000, which ruled that claimant’s injury resulted solely from his intoxication and denied his claim for workers’ compensation benefits.
Claimant, a machine operator, was standing on a platform next to the machine he was operating when, according to an eyewitness, “all of a sudden, he started tilting to the side” and fell three or four feet to the floor. He sustained a head injury which left him totally disabled and unable to speak. Based upon the intoxication defense asserted by the employer (see, Workers’…
2Cases cited7 opinions
- Matter of Shearer v. Niagara Falls Power Co.New York Court of Appeals · 1926
- Claim of Post v. Tennessee Products & Chemical Corp.New York Court of Appeals · 1964
- Post v. Tennessee Products & Chemical Corp.Appellate Division of the Supreme Court of the State of New York · 1963
- Claim of Villapol v. American Landmark ManagementAppellate Division of the Supreme Court of the State of New York · 2000
- Balk v. Austin Ford Logan, Inc.Appellate Division of the Supreme Court of the State of New York · 1995
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
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- Matter of Lujan-Espinzo v. Electrical Illuminations by Arnold Inc.Appellate Division of the Supreme Court of the State of New York · 2024
- Matter of Ramales v. Frank & Nino's Pizza Corp.Appellate Division of the Supreme Court of the State of New York · 2025