Court: New York Court of Appeals
Citation: 2021 NY Slip Op 02017
Opinion Date: April 1, 2021
Judge: Stein
Areas of Law: Labor & Employment Law, Personal Injury
The Court of Appeals affirmed the order of the Appellate Division holding that recovery of a claimant’s schedule loss of use (SLU) award by his estate is limited to the portion of the award that would have been due to the claimant for the period prior to the claimant’s death, holding that the Appellate Court did not err. The claimant, in this case, died from a cause unrelated to his workplace injury during the pendency of his claim for permanent partial disability benefits. The Court of Appeals held that Claimant’s estate was not entitled to a lump sum payment of a posthumous schedule loss of use award issued to Claimant pursuant to the Workers’ Compensation Law, holding that the estate may recover only reasonable funeral expenses and the portion of the SLU award that would have been due to Claimant before death.
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