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8 New York opinions name it 2 courts 1956–2016 0 in the last five years
The cases below were cited by New York courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
City of Buffalo v. Murrygreen2 sentences2016Thus, the court properly determined that plaintiff can recover only those amounts paid to its employee pursuant to section 207-c that are in excess of basic economic loss as that term is defined by article 51 of the Insurance Law (see Incorporated Vil. of Freeport v Sanders, 101 AD2d 808, 809 [1984]; City of Buffalo v Murry, 79 AD2d 1096, 1096 [1981], lv denied 53 NY2d 601 [1981]). 2016Thus, the court properly determined that plaintiff can recover only those amounts paid to its employee pursuant to section 207-c that are in excess of basic economic loss as that term is defined by article 51 of the Insurance Law (see Incorporated Vil. of Freeport v Sanders, 101 AD2d 808, 809 [1984]; City of Buffalo v Murry, 79 AD2d 1096, 1096 [1981], lv denied 53 NY2d 601 [1981]). | 2 | 3 |
Incorporated Village of Freeport v. Sandersgreen2 sentences2016Thus, the court properly determined that plaintiff can recover only those amounts paid to its employee pursuant to section 207-c that are in excess of basic economic loss as that term is defined by article 51 of the Insurance Law (see Incorporated Vil. of Freeport v Sanders, 101 AD2d 808, 809 [1984]; City of Buffalo v Murry, 79 AD2d 1096, 1096 [1981], lv denied 53 NY2d 601 [1981]). 2016Thus, the court properly determined that plaintiff can recover only those amounts paid to its employee pursuant to section 207-c that are in excess of basic economic loss as that term is defined by article 51 of the Insurance Law (see Incorporated Vil. of Freeport v Sanders, 101 AD2d 808, 809 [1984]; City of Buffalo v Murry, 79 AD2d 1096, 1096 [1981], lv denied 53 NY2d 601 [1981]). | 2 | 3 |
DePoalo v. County of Schenectadygreen1 sentence2012Bertoni was free to credit Totero’s opinion and, inasmuch as “mere fortuity of timing does not entitle an employee to benefits under General Municipal Law § 207-c” in the absence of a causal connection between petitioner’s duties and the disability, the application was properly denied (Matter of Greenewald v County of Schenectady, 85 NY2d 527, 534 [1995]; see Matter of Ridge Rd. | 1 | 1 |
Ridge Road Fire District v. Schianogreen1 sentence2012Fire Dist. v Schiano, 16 NY3d 494, 499 [2011]; cf. Matter of Schmidt v Putnam County Off. of Sheriff, 49 AD3d 761 [2008]). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in New York. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Balcerak v. County of Nassau
green
2 sentences2011The Court of Appeals made this clear in Matter of Balcerak v County of Nassau ( 94 NY2d 253 [1999]), where it held that a determination by the WCB that an injury is work-related does not, by operation of collateral estoppel, automatically entitle an injured employee to benefits under General Municipal Law § 207-c (the counterpart to General Municipal Law § 207-a that applies to police officers). 2002I agree with petitioner that Matter of Balcerak v County of Nassau ( 94 NY2d 253 ) stands only for the limited proposition that a determination by the Workers’ Compensation Board that an injury is work-related does not per se entitle an injured employee to benefits under General Municipal Law § 207-c and that the Court’s further statement in Balcerak ( 94 NY2d at 259 ) concerning the “heightened risks and duties” standard to be met before benefits may be awarded under section 207-c is merely dicta. | 2 | 2002–2011 |
Schmidt v. Putnam County Office of the Sheriff
green
1 sentence2012Fire Dist. v Schiano, 16 NY3d 494, 499 [2011]; cf. Matter of Schmidt v Putnam County Off. of Sheriff, 49 AD3d 761 [2008]). | 1 | 2012–2012 |
Ertner v. County of Chenango
green
1 sentence2002Subsequent Appellate Division decisions have inconsistently applied that standard to different factual patterns (see Matter of Clements v Panzarella, 297 AD2d 4 [injuries sustained while removing police tape and while walking downstairs to the locker room at the police station were not incurred as a result of heightened risks and duties to which police officers are exposed in the criminal justice process]; Matter of Stalter v Scarpato, 297 AD2d 382 [injuries sustained while removing cones from police vehicle and while stepping from rear of truck during routine commercial vehicle inspection wer | 1 | 2002–2002 |
Sutherland v. Village of Suffern
neutral
1 sentence2002Subsequent Appellate Division decisions have inconsistently applied that standard to different factual patterns (see Matter of Clements v Panzarella, 297 AD2d 4 [injuries sustained while removing police tape and while walking downstairs to the locker room at the police station were not incurred as a result of heightened risks and duties to which police officers are exposed in the criminal justice process]; Matter of Stalter v Scarpato, 297 AD2d 382 [injuries sustained while removing cones from police vehicle and while stepping from rear of truck during routine commercial vehicle inspection wer | 1 | 2002–2002 |
Travison v. County of Albany
neutral
1 sentence2002Subsequent Appellate Division decisions have inconsistently applied that standard to different factual patterns (see Matter of Clements v Panzarella, 297 AD2d 4 [injuries sustained while removing police tape and while walking downstairs to the locker room at the police station were not incurred as a result of heightened risks and duties to which police officers are exposed in the criminal justice process]; Matter of Stalter v Scarpato, 297 AD2d 382 [injuries sustained while removing cones from police vehicle and while stepping from rear of truck during routine commercial vehicle inspection wer | 1 | 2002–2002 |
Youngs v. Village of Penn Yan
neutral
1 sentence2002Subsequent Appellate Division decisions have inconsistently applied that standard to different factual patterns (see Matter of Clements v Panzarella, 297 AD2d 4 [injuries sustained while removing police tape and while walking downstairs to the locker room at the police station were not incurred as a result of heightened risks and duties to which police officers are exposed in the criminal justice process]; Matter of Stalter v Scarpato, 297 AD2d 382 [injuries sustained while removing cones from police vehicle and while stepping from rear of truck during routine commercial vehicle inspection wer | 1 | 2002–2002 |
In re Crystal Marie D.
neutral
1 sentence2002Subsequent Appellate Division decisions have inconsistently applied that standard to different factual patterns (see Matter of Clements v Panzarella, 297 AD2d 4 [injuries sustained while removing police tape and while walking downstairs to the locker room at the police station were not incurred as a result of heightened risks and duties to which police officers are exposed in the criminal justice process]; Matter of Stalter v Scarpato, 297 AD2d 382 [injuries sustained while removing cones from police vehicle and while stepping from rear of truck during routine commercial vehicle inspection wer | 1 | 2002–2002 |
Sills v. Livingston
neutral
1 sentence2002Subsequent Appellate Division decisions have inconsistently applied that standard to different factual patterns (see Matter of Clements v Panzarella, 297 AD2d 4 [injuries sustained while removing police tape and while walking downstairs to the locker room at the police station were not incurred as a result of heightened risks and duties to which police officers are exposed in the criminal justice process]; Matter of Stalter v Scarpato, 297 AD2d 382 [injuries sustained while removing cones from police vehicle and while stepping from rear of truck during routine commercial vehicle inspection wer | 1 | 2002–2002 |
Bonkoski v. Village of Suffern
neutral
1 sentence2002Subsequent Appellate Division decisions have inconsistently applied that standard to different factual patterns (see Matter of Clements v Panzarella, 297 AD2d 4 [injuries sustained while removing police tape and while walking downstairs to the locker room at the police station were not incurred as a result of heightened risks and duties to which police officers are exposed in the criminal justice process]; Matter of Stalter v Scarpato, 297 AD2d 382 [injuries sustained while removing cones from police vehicle and while stepping from rear of truck during routine commercial vehicle inspection wer | 1 | 2002–2002 |
Stalter v. Scarpato
neutral
1 sentence2002Subsequent Appellate Division decisions have inconsistently applied that standard to different factual patterns (see Matter of Clements v Panzarella, 297 AD2d 4 [injuries sustained while removing police tape and while walking downstairs to the locker room at the police station were not incurred as a result of heightened risks and duties to which police officers are exposed in the criminal justice process]; Matter of Stalter v Scarpato, 297 AD2d 382 [injuries sustained while removing cones from police vehicle and while stepping from rear of truck during routine commercial vehicle inspection wer | 1 | 2002–2002 |
Theroux v. Reilly
neutral
1 sentence2002Subsequent Appellate Division decisions have inconsistently applied that standard to different factual patterns (see Matter of Clements v Panzarella, 297 AD2d 4 [injuries sustained while removing police tape and while walking downstairs to the locker room at the police station were not incurred as a result of heightened risks and duties to which police officers are exposed in the criminal justice process]; Matter of Stalter v Scarpato, 297 AD2d 382 [injuries sustained while removing cones from police vehicle and while stepping from rear of truck during routine commercial vehicle inspection wer | 1 | 2002–2002 |
Clements v. Panzarella
neutral
1 sentence2002Subsequent Appellate Division decisions have inconsistently applied that standard to different factual patterns (see Matter of Clements v Panzarella, 297 AD2d 4 [injuries sustained while removing police tape and while walking downstairs to the locker room at the police station were not incurred as a result of heightened risks and duties to which police officers are exposed in the criminal justice process]; Matter of Stalter v Scarpato, 297 AD2d 382 [injuries sustained while removing cones from police vehicle and while stepping from rear of truck during routine commercial vehicle inspection wer | 1 | 2002–2002 |
Pease v. Colucci
green
1 sentence1981(Pease v Colucci, supra, p 235 .) Unfortunately, the Legislature has not provided any statutory framework for determinations between the employer and employee under section 207-a of the General Municipal Law. | 1 | 1981–1981 |
Kieper v. Fitzgibbons
green
1 sentence1981However, this court agrees with the decision rendered in Kieper (supra, p 1071 ) in that the plaintiff is entitled to “a hearing with his counsel participating and the cross-examination of the [defendants’] witnesses and the presentation of his own evidence in support of his position as to entitlement of full wages under the provisions of section * * * 207-a”. | 1 | 1981–1981 |
Birmingham v. Mirrington
green
1 sentence1956In view of those facts, the court held that Mr. Birmingham “ In fact, he never did retire * * * he has not retired, nor has he effectively been retired ” ( 284 App. Div. 721, 728 , supra). | 1 | 1956–1956 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.