Legal Opinion

Claim of Brittain v. New York State Insurance Department

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

Decided June 27, 2013Published

1Opinion of the CourtMcCarthy, J.

Appeal from a decision of the Workers’ Compensation Board, filed November 18, 2011, which ruled that claimant sustained a compensable injury.

Claimant performed human resources work for the employer that required her to frequently travel between her office and New York City, and the employer covered her travel and lodging expenses. The Inspector General investigated an anonymous complaint regarding claimant’s travel and determined that she *1341had committed no wrongdoing, but referred the matter to the Comptroller to assess the tax implications of the employer’s travel reimbursement practices. The…

2Cases cited6 opinions

  1. DePaoli v. Great a & P Tea Co.New York Court of Appeals · 2000
  2. Claim of Young v. Pentax Precision Instrument Corp.Appellate Division of the Supreme Court of the State of New York · 2008
  3. Claim of Smith v. Albany County Sheriff's DepartmentAppellate Division of the Supreme Court of the State of New York · 2011
  4. Claim of Brickner v. New York State Department of TransportationAppellate Division of the Supreme Court of the State of New York · 2001
  5. Claim of Kinney v. Prudential InsuranceAppellate Division of the Supreme Court of the State of New York · 2000

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