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LUSARDI v. LUSARDI, M.D., P. C.

167 A.D.2d 3 (1991)

In the Matter of Eugene Lusardi, Respondent, v. Eugene Lusardi, M.D., P. C., Respondent, and Travelers Insurance Company et al., Appellants. Workers' Compensation Board, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

May 16, 1991

Attorney(s) appearing for the Case

Cherry, Edson & Kelly (Henriette Frieder and Robert Carroll of counsel), for appellants.

Robert Abrams, Attorney-General (Howard B. Friedland, Jane Lauer Barker and Theresa E. Wolinski of counsel), for Workers' Compensation Board, respondent.

MAHONEY, P. J., WEISS, YESAWICH, JR., and HARVEY, JJ., concur.

CASEY, J.

At issue on this appeal is whether amendments to Workers' Compensation Law § 2 (4) and § 54 (6), which excluded workers' compensation coverage for an employee who is the sole shareholder and executive officer of the corporate employer unless the employer affirmatively elects such coverage (L 1982, ch 396), are applicable to workers' compensation insurance policies which were issued prior to...

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