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MTR OF RAMROOP v. FLEXO-CRAFT PRINTING, INC.

11 N.Y.3d 160 (2008)

In the Matter of RONNIE RAMROOP, Appellant, v. FLEXO-CRAFT PRINTING, INC., et al., Respondents. WORKERS' COMPENSATION BOARD, Respondent.

Court of Appeals of the State of New York.

Decided June 26, 2008.

Attorney(s) appearing for the Case

Joel M. Gluck, Brooklyn, for appellant.

Gregory J. Allen, General Attorney, State Insurance Fund, New York City (Rudolph Rosa Di Sant of counsel), for respondents.

MFY Legal Services, Inc., New York City (Anne Marie O'Donovan and Jeanette Zelhof of counsel), for Sameer M. Asher and others, amici curiae.

Urban Justice Center, New York City (E. Tammy Kim of counsel), and Legal Aid Society (Steven Banks, Adriene Holder, Richard E. Blum, Christopher Lamb and Hollis V. Pfitsch of counsel), for New York City Central Labor Council, AFL-CIO and others, amici curiae.

Judges GRAFFEO, READ, SMITH and PIGOTT concur with Judge JONES; Judge CIPARICK dissents and votes to reverse in a separate opinion in which Chief Judge KAYE concurs.

OPINION OF THE COURT

JONES, J.

The question before us is whether claimant may recover "additional compensation" under Workers' Compensation Law § 15 (3) (v). We conclude that he may not.1

On March 28, 1995, claimant, then employed and working as a printer for respondent Flexo-Craft Printing, Inc., sustained a severe crush injury involving four fingers when he caught...

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