Claim of Roller v. Lehigh Portland Cement Co.

Appellate Division of the Supreme Court of New York

Claim of Roller v. Lehigh Portland Cement Co.

89 A.D.2d 1040, 1982 N.Y. App. Div. LEXIS 18310

Appellate Division of the Supreme Court of the State of New York·Decided September 22, 1982·Published·Cited by 2 cases

Opinion

Motion to dismiss appeal granted, without costs. The decision of the board which denied applications to reopen three cases and restored two active cases to the referee calendar is interlocutory in nature and is, therefore, not appealable (Workers’ Compensation Law, § 23). Moreover, it is not clear from the board’s decision that the parties have been precluded from litigating the issue of the effect of the previous injuries on claimant’s over-all disability in the two active cases and, in any event, the decision appealed from may be reviewed on an appeal from a final decision of the board. Kane, J. P., Main, Casey, Mikoll and Yesawich, Jr., JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Motion to dismiss appeal granted, without costs. The decision of the board which denied applications to reopen three cases and restored two active cases to the referee calendar is interlocutory in nature and is, therefore, not appealable (Workers’ Compensation Law, § 23). Moreover, it is not clear from the board’s decision that the parties have been precluded from litigating the issue of the effect of the previous injuries on claimant’s over-all disability in the two active cases and, in any event, the decision appealed from may be reviewed on an appeal from a final decision of the board. Kane, J. P., Main, Casey, Mikoll and Yesawich, Jr., JJ., concur.

Claim of Roller v. Lehigh Portland Cement Co., 89 A.D.2d 1040, 1982 N.Y. App. Div. LEXIS 18310 (N.Y. Ct. App. 1982).

Pincite

89 A.D.2d 1040 (Claim of Roller v. Lehigh Portland Cement Co.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related