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LACROIX v. SYRACUSE AIR SERV.

8 N.Y.3d 348 (2007)

866 N.E.2d 1004

834 N.Y.S.2d 676

In the Matter of MARIE LACROIX, Respondent, v. SYRACUSE EXECUTIVE AIR SERVICE, INC., et al., Appellants. WORKERS' COMPENSATION BOARD, Respondent.

Court of Appeals of the State of New York.

Decided March 29, 2007.

Attorney(s) appearing for the Case

Susan B. Marris, Liverpool, James S. Fiedler and Gregory J. Allen for appellants.

Oot & Stratton, East Syracuse (Michael P. Oot of counsel), for Marie LaCroix, respondent.

Andrew Cuomo, Attorney General, Albany (Patrick Barnett-Mulligan, Caitlin J. Halligan and Daniel Smirlock of counsel), for Workers' Compensation Board, respondent.

Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES concur.

OPINION OF THE COURT

Chief Judge KAYE.

The question before us is whether, as a matter of policy under the Workers' Compensation Law, compensation for loss of use of a body part due to permanent partial disability—known as a "schedule loss of use" award—is payable as a lump sum, or must be made over time. We conclude that the statute's directive that payments be made "periodically" precludes a...

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