Legal Opinion

Matter of Giansante v. Seneca Cayuga ARC

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

Decided March 17, 2016No. 521442PublishedCited by 2 opinions

1Opinion of the CourtClark, J.

Appeal from a decision of the Workers’ Compensation Board, filed November 17, 2014, which ruled that liability shifted to the Special Fund for Reopened Cases pursuant to Workers’ Compensation Law § 25-a.

Claimant sustained a work-related injury to her right ankle in April 2006 and was awarded workers’ compensation benefits. In 2007, claimant was found to have a 15% schedule loss of use of the right foot. Claimant’s orthopedic surgeon requested authorization for surgery on the ankle in 2011 and the surgery was performed in February 2012. In March 2013, a Workers’ Compensation Law Judge…

2Cases cited4 opinions

  1. Claim of Rathbun v. D'Ella Pontiac Buick GMC, Inc.Appellate Division of the Supreme Court of the State of New York · 2009
  2. Claim of Hosey v. Central New York DDSOAppellate Division of the Supreme Court of the State of New York · 2012
  3. Claim of Palermo v. Primo Coat Corp.Appellate Division of the Supreme Court of the State of New York · 2011
  4. Claim of Runge v. National Baseball LeagueAppellate Division of the Supreme Court of the State of New York · 2012

3Cited by2 opinions

  1. Matter of Greey v. Yaphank Fire DepartmentAppellate Division of the Supreme Court of the State of New York · 2017
  2. Matter of Williams v. General ElectricAppellate Division of the Supreme Court of the State of New York · 2017

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