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SCHMIDT v. FALLS DODGE, INC.

No. 76.

19 N.Y.3d 178 (2012)

2012 NY Slip Op 3359

In the Matter of the Claim of WAYNE SCHMIDT, Respondent, v. FALLS DODGE, INC., et al., Appellants. WORKERS' COMPENSATION BOARD, Respondent.

Court of Appeals of New York.

Decided May 1, 2012.

Attorney(s) appearing for the Case

Gregory J. Allen , General Attorney, State Insurance Fund, Buffalo ( John R. Gibbon and Thomas P. Etzel of counsel), for appellants.

Eric T. Schneiderman , Attorney General, Albany ( William E. Storrs , Barbara D. Underwood and Andrea Oser of counsel), for respondent.

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

OPINION OF THE COURT

SMITH, J.

Workers' Compensation Law § 15 (6) provides that compensation for any disability, partial or total, shall not exceed a fixed maximum per week. At issue in this case is the application of the cap when an employee has received several awards for different injuries, at least one of which is a so-called "schedule loss of use" award being paid periodically pursuant to the pre...

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