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MIRANDA v. DIV. 1181 ATU — N.Y.

196 A.D.2d 222 (1994)

In the Matter of the Claim of Josephine Miranda, Respondent, v. Division 1181 ATU — New York Welfare Fund and Plan, Appellant. Workers' Compensation Board, Respondent

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

March 17, 1994

Attorney(s) appearing for the Case

Wilfred L. Davis & Stephen Davis, P. C., New York City (Stephen Davis, Miriam R. Adelman and Joy M. Holz of counsel), for appellant.

G. Oliver Koppell, Attorney-General, New York City (Jennifer S. Brand, Jane Lauer Barker, M. Patricia Smith and Theresa Wolinski of counsel), for Workers' Compensation Board, respondent.

MIKOLL, WHITE and YESAWICH JR., JJ., concur with CARDONA, P. J.; CASEY, J., dissents in a separate opinion.

CARDONA, P. J.

Claimant is an employee of a transit company covered by a collective bargaining agreement with Division 1181 Amalgamated Transit Union (hereinafter the Division). Pursuant to Workers' Compensation Law § 211 (3) and (5), the Division is an approved self-insured provider of disability benefits to its covered employees. Claimant was injured in October 1990 when her parked car was struck by a...

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