Claim of Green v. Brand Mid-Atlantic, Inc.

Appellate Division of the Supreme Court of New York

Claim of Green v. Brand Mid-Atlantic, Inc.

198 A.D.2d 633, 603 N.Y.S.2d 628, 1993 N.Y. App. Div. LEXIS 10546

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

DecidedNovember 10, 1993

StatusPublished

Cited by2 cases

This text of 198 A.D.2d 633 (Claim of Green v. Brand Mid-Atlantic, Inc.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Claim of Green v. Brand Mid-Atlantic, Inc., 198 A.D.2d 633, 603 N.Y.S.2d 628, 1993 N.Y. App. Div. LEXIS 10546 (N.Y. Ct. App. 1993).

Pincite

Opinion

—Appeal from a decision of the Workers’ Compensation Board, filed March 4, 1992, which ruled that claimant’s case be restored to the trial calendar and that he continue receiving disability payments.

The employer argues that the Board’s decision, directing the continuation of temporary total disability payments to claimant pending further development of the record with medical testimony on the issue of degree of disability, was arbitrary and capricious. We, however, agree with the Board that its decision on these issues was interlocutory and did not involve [634]*634a threshold legal issue. The decision is therefore not appeal-able.

Mikoll, J. P., Yesawich Jr., Mercure, Crew III and Casey, JJ., concur. Ordered that the appeal is dismissed, without costs.

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—Appeal from a decision of the Workers’ Compensation Board, filed March 4, 1992, which ruled that claimant’s case be restored to the trial calendar and that he continue receiving disability payments.

The employer argues that the Board’s decision, directing the continuation of temporary total disability payments to claimant pending further development of the record with medical testimony on the issue of degree of disability, was arbitrary and capricious. We, however, agree with the Board that its decision on these issues was interlocutory and did not involve [634]*634a threshold legal issue. The decision is therefore not appeal-able.

Mikoll, J. P., Yesawich Jr., Mercure, Crew III and Casey, JJ., concur. Ordered that the appeal is dismissed, without costs.

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Bluebook (online)

198 A.D.2d 633, 603 N.Y.S.2d 628, 1993 N.Y. App. Div. LEXIS 10546, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-green-v-brand-mid-atlantic-inc-nyappdiv-1993.

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