Legal Opinion

Claim of Quagliata v. Starbucks Coffee

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

Decided March 3, 2011PublishedCited by 9 opinions

1Opinion of the Court

Rose, J.P.

Claimant, a coffee shop manager, applied for workers’ compensation benefits alleging a repetitive occupational injury to his neck and arms. The employer and its workers’ compensation carrier (hereinafter collectively referred to as the employer) controverted the claim and, thereafter, submitted an untimely *1322prehearing conference statement in violation of 12 NYCRR 300.38 (f) (1). As a result, the Workers’ Compensation Law Judge (hereinafter WCLJ) found that the employer waived all defenses to the claim pursuant to 12 NYCRR 300.38 (f) (4) and, upon review of claimant’s medical records,…

2Cases cited5 opinions

  1. Crosby v. WORKERS'COMP.New York Court of Appeals · 1982
  2. Kuppersmith v. DowlingNew York Court of Appeals · 1999
  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 Guifarro v. Zalman, Reiss & AssociatesAppellate Division of the Supreme Court of the State of New York · 2008
  5. Claim of Estate of Lutz v. Lakeside Beikirk Nursing HomeAppellate Division of the Supreme Court of the State of New York · 2003

3Cited by9 opinions

  1. Matter of Alamin v. Down Town Taxi, Inc.Appellate Division of the Supreme Court of the State of New York · 2016
  2. Matter of Bellantoni v. City of New York School Food and Nutrition ServicesAppellate Division of the Supreme Court of the State of New York · 2015
  3. Matter of Love v. Village of PleasantvilleAppellate Division of the Supreme Court of the State of New York · 2020
  4. Claim of Dow v. Silver Construction Corp.Appellate Division of the Supreme Court of the State of New York · 2013
  5. Claim of Dow v. Silver Construction Corp.Appellate Division of the Supreme Court of the State of New York · 2013

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