HORN v. CAYUGA, 8 N.Y.3d 1015 (2007)

2007 NY Slip Op 05137, 870 N.E.2d 688, 839 N.Y.S.2d 448

In the Matter of the Claim of GERALD VAN HORN, Respondent, v. COUNTY OF CAYUGA et al., Appellants. WORKERS’ COMPENSATION BOARD, Respondent.

No. 127 SSM 13.Court of Appeals of the State of New York.
Decided June 12, 2007.

APPEAL, by permission of the Court of Appeals, from an order of the Appellate Division of the Supreme Court in the Third

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Judicial Department, entered November 2, 2006. The Appellate Division affirmed a decision of the Workers’ Compensation Board, which had directed claimant’s schedule loss of use award to be paid in a lump sum.

Claimant sustained work-related injuries during the course of his employment as a county highway superintendent. Following a claim for workers’ compensation benefits, the parties stipulated to a schedule loss of use award, and a Workers’ Compensation Law Judge, as affirmed by the Board, directed a lump-sum payment.

Matter of Van Horn v County of Cayuga, 34 AD3d 901, reversed.

Susan B. Marris, Liverpool, James S. Fiedler and Gregory J. Allen for appellants.

Andrew Cuomo, Attorney General, Albany (Patrick Barnett-Mulligan, Barbara D. Underwood and Andrea Oser of counsel), for Workers’ Compensation Board, respondent.

Before: Chief Judge KAYE and Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES.

OPINION OF THE COURT
On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order reversed, with costs, and case remitted to the Appellate Division, Third Department, with directions to remand to the Workers’ Compensation Board for further proceedings consonant with this Court’s decision in Matter of LaCroix v Syracuse Exec. Air Serv., Inc. (8 NY3d 348 [2007]).

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