Summary
The New York Court of Appeals held that an award under Workers’ Compensation Law § 120 for retaliatory discharge may include predecision interest on lost compensation. The Court distinguished statutes governing ordinary workers’ compensation awards and civil service back pay, and reinstated the Workers’ Compensation Law Judge’s $35,469 interest award. It declined to award the claimant supplemental attorneys’ fees.
Holdings
- An award of damages under Workers' Compensation Law § 120 to an employee discharged for claiming or attempting to claim workers' compensation benefits may include predecision interest.
- Greenberg was not entitled to a supplemental attorney-fee award because the Workers' Compensation Board had discretion to require that any fee request be presented first to the Workers' Compensation Law Judge.
Questions Presented
- Whether Workers' Compensation Law § 120 authorizes an award of predecision interest on damages for retaliatory discharge.
- Whether Greenberg was entitled to a supplemental attorney-fee award for work performed after the damages hearing.
Disposition
affirmed
Cases Cited (8)
- Matter of Aurecchione v. New York State Div. of Human Rights, 98 N.Y.2d 21 (2002)(followed)
- Matter of Bello v. Roswell Park Cancer Inst., 5 N.Y.3d 170 (2005)(distinguished)
- Rubeis v. Aqua Club, Inc., 3 N.Y.3d 408 (2004)(discussed)
- McGrath v. Toys 'R' Us, Inc., 3 N.Y.3d 421 (2004)(discussed)
- Forrest v. Jewish Guild for the Blind, 3 N.Y.3d 295 (2004)(discussed)
- Rainer N. Mittl, Ophthalmologist, P.C. v. New York State Div. of Human Rights, 100 N.Y.3d 326 (2003)(discussed)
- Ferrante v. American Lung Assn., 90 N.Y.2d 623 (1997)(discussed)
- Matter of Mount Vernon Hosp., 95 N.Y. WCLR 1197 (1995)(discussed)
Cited In (0)
No citing cases on record yet.
Court Document
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