Legal Opinion
Claim of Smith v. Albany County Sheriff's Department
Appellate Division of the Supreme Court of the State of New York
Decided March 3, 2011PublishedCited by 12 opinions
1Opinion of the CourtRose, J.
Claimant, a correction officer, filed for workers’ compensation benefits alleging that he suffered depression and anxiety due to harassment at his work place. The employer’s workers’ compensation carrier controverted the claim, but failed to file a prehearing conference statement as required by 12 NYCRR 300.38 (f) (1). As a result, the Workers’ Compensation Law Judge held that the employer waived its defenses pursuant to 12 NYCRR 300.38 (f) (4) and, upon review of the medical records submitted by claimant, established the claim for a mental injury caused by work-related stress. The Workers’…
2Cases cited5 opinions
- Crosby v. WORKERS'COMP.New York Court of Appeals · 1982
- Kuppersmith v. DowlingNew York Court of Appeals · 1999
- Claim of Young v. Pentax Precision Instrument Corp.Appellate Division of the Supreme Court of the State of New York · 2008
- Claim of Estate of Lutz v. Lakeside Beikirk Nursing HomeAppellate Division of the Supreme Court of the State of New York · 2003
- Claim of Coleman v. Schenectady County Department of Social ServicesAppellate Division of the Supreme Court of the State of New York · 2011
3Cited by12 opinions
- Claim of Quagliata v. Starbucks CoffeeAppellate Division of the Supreme Court of the State of New York · 2011
- 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
- Claim of Pacatte v. SUNY CobleskillAppellate Division of the Supreme Court of the State of New York · 2011
- Matter of Love v. Village of PleasantvilleAppellate Division of the Supreme Court of the State of New York · 2020
- Claim of Brittain v. New York State Insurance DepartmentAppellate Division of the Supreme Court of the State of New York · 2013
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