Claim of Lugo v. Hobart Corp.

Appellate Division of the Supreme Court of New York

Claim of Lugo v. Hobart Corp.

202 A.D.2d 928, 610 N.Y.S.2d 887, 1994 N.Y. App. Div. LEXIS 3039

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

DecidedMarch 31, 1994

StatusPublished

This text of 202 A.D.2d 928 (Claim of Lugo v. Hobart Corp.) 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 Lugo v. Hobart Corp., 202 A.D.2d 928, 610 N.Y.S.2d 887, 1994 N.Y. App. Div. LEXIS 3039 (N.Y. Ct. App. 1994).

Pincite

Opinion

—Appeal from a decision of the Workers’ Compensation Board, filed January 17, 1992, which, inter alia, ruled that the employer was not required to pay a penalty.

The employer initially filed a timely application to the Workers’ Compensation Board for review of a decision of a Workers’ Compensation Law Judge which ruled, inter alia, that claimant had sustained a compensable injury that resulted in death and awarded death benefits. The application was denied by a Board panel based upon a perceived procedural error by the employer. Upon full Board review, the denial of the application was rescinded and the case referred for further consideration. Given these circumstances, we find no error in the Board’s decision that a penalty should not be imposed in this case for the failure to pay the award within 10 days of the Board panel decision denying the application for review.

Cardona, P. J., Mercure, White, Weiss and Peters, JJ., concur. Ordered that the decision is affirmed, without costs.

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—Appeal from a decision of the Workers’ Compensation Board, filed January 17, 1992, which, inter alia, ruled that the employer was not required to pay a penalty.

The employer initially filed a timely application to the Workers’ Compensation Board for review of a decision of a Workers’ Compensation Law Judge which ruled, inter alia, that claimant had sustained a compensable injury that resulted in death and awarded death benefits. The application was denied by a Board panel based upon a perceived procedural error by the employer. Upon full Board review, the denial of the application was rescinded and the case referred for further consideration. Given these circumstances, we find no error in the Board’s decision that a penalty should not be imposed in this case for the failure to pay the award within 10 days of the Board panel decision denying the application for review.

Cardona, P. J., Mercure, White, Weiss and Peters, JJ., concur. Ordered that the decision is affirmed, without costs.

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Bluebook (online)

202 A.D.2d 928, 610 N.Y.S.2d 887, 1994 N.Y. App. Div. LEXIS 3039, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-lugo-v-hobart-corp-nyappdiv-1994.