O'DONNELL v. ERIE COUNTY

No. 14.

35 N.Y.3d 14 (2020)

146 N.E.3d 1171

124 N.Y.S.3d 12

2020 NY Slip Op 02095

In the Matter of the Claim of SANDRA L. O'DONNELL, Respondent, v. ERIE COUNTY et al., Appellants. WORKERS' COMPENSATION BOARD, Respondent.

Court of Appeals of New York.

Decided March 26, 2020.


Attorney(s) appearing for the Case

Hamberger & Weiss, Buffalo ( Matthew M. Hoffman of counsel), for appellants.

Hurwitz, Whitcher & Molloy, Buffalo ( Robert E. Grey of counsel), for Sandra L. O'Donnell, respondent.

Letitia James , Attorney General, Albany ( Patrick A. Woods , Barbara D. Underwood and Andrea Oser of counsel), for Workers' Compensation Board, respondent.


OPINION OF THE COURT

Employer Erie County and its worker's compensation carrier challenge a Workers' Compensation Board decision upholding claimant's award for loss of post-accident earnings on the ground that, at the time of her disability classification, claimant failed to establish that she attempted to and could not find...

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