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Estate of Youngjohn v. Berry Plastics Corp.

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.

This case law update is brought to you by Freeway Law, personal injury and auto car accident lawyers. The following is not one of our cases, but it is of some significance, and we thought we should share it with our readers for informational purposes. The information above is for informational purposes only and not to be construed as legal advice.

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