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MATTER OF LUCKS v. VOLT INFO. SCI

528032.

205 A.D.3d 1160 (2022)

169 N.Y.S.3d 161

2022 NY Slip Op 03154

In the Matter of the Claim of Ira Jason Lucks, as Executor of the Estate of Julius Lucks, Deceased, Claimant, v. Volt Information SCI et al., Appellants, and Special Fund for Reopened Cases, Respondent. Workers' Compensation Board, Respondent.

Appellate Division of the Supreme Court of New York, Third Department.

Decided May 12, 2022.

Attorney(s) appearing for the Case

Cherry, Edson & Kelly, LLP, Melville ( David W. Faber of counsel), for appellants.

Habberfield Kaszycki, LLP, Buffalo ( Eugene W. Lane of counsel), for Special Fund for Reopened Cases, respondent.

Lynch, J.P., Clark, Reynolds Fitzgerald and McShan, JJ., concur.

In 1980, Julius Lucks (hereinafter decedent) suffered a work-related myocardial infarction and was classified as permanently partially disabled. Although liability for the claim initially was assessed against Continental Casualty Company (hereinafter CNA) as the employer's workers' compensation carrier, liability was transferred to...

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