Legal Opinion

Claim of Cruz v. City of New York Department of Children's Services

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

Decided December 31, 2014Published

1Opinion of the CourtPeters, P.J.

Appeal from a decision of the Workers’ Compensation Board, filed April 1, 2013, which ruled that the self-insured employer was not entitled to take an offset under Workers’ Compensation Law § 29 against the schedule loss of use award.

Claimant was involved in an automobile accident while she was working for the self-insured employer. She filed an application for workers’ compensation benefits based on injuries sustained in the accident and was out of work from October 23, 2008 until December 28, 2008. A Workers’ Compensation Law Judge (hereinafter WCLJ) established her claim for work-related…

2Cases cited6 opinions

  1. Brisson v. County of OnondagaNew York Court of Appeals · 2006
  2. Dietrick v. Kemper InsuranceNew York Court of Appeals · 1990
  3. Claim of Briggs v. HamiltonAppellate Division of the Supreme Court of the State of New York · 1988
  4. Schmidt v. Falls Dodge, Inc.New York Court of Appeals · 2012
  5. Claim of Figelman v. GoldfarbAppellate Division of the Supreme Court of the State of New York · 1999

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