VERNEAU v. CONSOLIDATED CO NY

Nos. 64, 65.

37 N.Y.3d 387 (2021)

180 N.E.3d 537

159 N.Y.S.3d 373

2021 NY Slip Op 06531

In the Matter of the Claim of FRANCES VERNEAU, Claimant, v. CONSOLIDATED EDISON COMPANY OF NEW YORK, INC., et al., Respondents, and SPECIAL FUND FOR REOPENED CASES, Appellant. WORKERS' COMPENSATION BOARD, Appellant. In the Matter of the Claim of KRISTEN REXFORD, Administratrix of the Estate of REGINALD RADLEY, Deceased, Claimant, v. GOULD ERECTORS & RIGGERS, INC., et al., Respondents, and SPECIAL FUND FOR REOPENED CASES, Appellant. WORKERS' COMPENSATION BOARD, Appellant.

Court of Appeals of New York.

Decided November 23, 2021.


Attorney(s) appearing for the Case

Letitia James , Attorney General, Albany ( Allyson Levine , Patrick A. Woods , Barbara D. Underwood and Andrea Oser of counsel), for New York State Workers' Compensation Board, appellant in the first above-entitled action.

Stockton, Barker & Mead, LLP, Troy ( Matthew Robert Mead of counsel), for Special Fund for Reopened Cases, appellant in the first above-entitled action.

Cherry, Edson & Kelly, LLP, Tarrytown ( David W. Faber and Ralph E. Magnetti of counsel), for respondents in the first above-entitled action.

Letitia James , Attorney General, Albany ( Allyson Levine , Patrick A. Woods , Barbara D. Underwood and Andrew Oser of counsel), for appellant in the second above-entitled action.

Stockton, Barker & Mead, LLP, Troy ( Matthew Robert Mead of counsel), for Special Fund for Reopened Cases, appellant in the second above-entitled action.

Walsh and Hacker, Albany ( Glenn D. Chase of counsel), and New York State Insurance Fund, Albany ( Tanisha Edwards of counsel), for respondents in the second above-entitled action.


OPINION OF THE COURT

Under Workers' Compensation Law § 25-a(1-a), no liability for claims submitted on or after January 1, 2014, may be transferred to the Special Fund for Reopened Cases (the Special Fund). The common issue presented in these appeals is whether Workers'...

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