Court: New York Court of Appeals
Citation: 2021 NY Slip Op 06531
Opinion Date: November 23, 2021
Judge: Jenny Rivera
Areas of Law: Labor & Employment Law, Personal Injury
The Court of Appeals held in these consolidated appeals that liability for the death benefits claims at issue could not be transferred to the Special Fund for Reopened Cases (the Special Fund).
At issue in these appeals was whether New York Workers’ Compensation Law 25-a(1-a), under which no liability for claims submitted on or after January 1, 2014 may be transferred to the Special Fund, forecloses the transfer of liability for a death benefits claim submitted on or after the cut-off date, regardless of the prior transfer of liability for a worker’s disability claim arising out of the same injury. The Court of Appeals held that, based on the plain statutory language and this Court’s established precedent, liability for the death benefits claims at issue in these cases could not be transferred to the Special Fund.
This case law update is brought to you by Freeway Law auto accident and personal injury lawyers in Orange County. 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.