Legal Opinion

Claim of Murphy v. Riverside Gas & Oil

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

Decided September 27, 2012Published

1Opinion of the CourtMcCarthy, J.

Appeal from a decision of the Workers’ Compensation Board, filed January 28, 2011, as amended by decision filed January 14, 2012, which ruled that the employer’s workers’ compensation carrier is entitled to reimbursement from the Special Disability Fund.

Claimant was employed as an oil truck driver for over 20 years. In 2004, he applied for workers’ compensation benefits based upon pain in his right shoulder and rotator cuff that was the result of traveling “over many miles for years of work.” His claim was established with a date of injury of October 7, 1998 and a date of disability of August…

2Cases cited4 opinions

  1. Claim of Burley v. Theriault TransportAppellate Division of the Supreme Court of the State of New York · 2011
  2. Claim of Pinter v. Louis J. Kennedy Trucking Corp.Appellate Division of the Supreme Court of the State of New York · 2011
  3. Claim of Brown v. Guilderland Central School DistrictAppellate Division of the Supreme Court of the State of New York · 2011
  4. Claim of Harisiades v. Sutter French ConfectionsAppellate Division of the Supreme Court of the State of New York · 1969

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