TALLINI v. MARTINO & SON


58 N.Y.2d 392 (1983)

In the Matter of Peter Tallini, Respondent, v. Martino & Son et al., Appellants. Workers' Compensation Board, Appellant.

Court of Appeals of the State of New York.

Decided March 30, 1983.


Attorney(s) appearing for the Case

Alan Rothstein and Henry Shemin for Martino & Son and another, appellants.

Robert Abrams, Attorney-General (Howard Friedland, Peter H. Schiff, Henriette Frieder and Morris N. Lissauer of counsel), for Workers' Compensation Board, appellant.

Irwin B. Silverman for respondent.

Judges JASEN, JONES, WACHTLER, FUCHSBERG, MEYER and SIMONS concur.


Chief Judge COOKE.

This case presents the question whether a claimant, suffering from a prior work-related permanent partial disability, is entitled to continue receiving workers' compensation benefits during the period he or she is confined to a psychiatric ward for the criminally insane. This court holds that such confinement should not preclude claimant from receiving those benefits.

On May 5, 1959...

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