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Claim of Paiz v. Coastal Pipeline Products Corp.

Appellate Division of the Supreme Court of New York, Third Department
Dec 20, 2001
289 A.D.2d 846 (N.Y. App. Div. 2001)

Opinion

89881

December 20, 2001.

Appeal from a decision of the Workers' Compensation Board, filed December 1, 2000, which ruled that claimant was a minor when he sustained an injury in the course of his employment.

Marshall M. Stern, Huntington Station, for appellant.

Eliot Spitzer, Attorney-General (Claire T. O'Keefe of counsel), New York City, for Workers' Compensation Board, respondent.

Before: Mercure, J.P., Crew III, Carpinello, Mugglin and, Rose, JJ.


MEMORANDUM AND ORDER


Claimant was injured while working as a laborer and filed a claim for workers' compensation benefits. Pursuant to Workers' Compensation Law § 14-a (1), the benefits awarded "shall be double the amount otherwise payable if the injured employee at the time of the accident is a minor employed, permitted or suffered to work in violation of any provision of the labor law". Claimant raised the issue of his entitlement to the increased benefits, but a Workers' Compensation Law Judge concluded that claimant was not a minor at the time of his work-related injury and, hence, awarded benefits at the ordinary rate. On claimant's appeal, the Workers' Compensation Board concluded that claimant was in fact a minor at the time of his work-related injury and continued the case "on the issue of proper compensation". The employer appeals.

Inasmuch as the question of whether claimant was engaged in illegal employment and, therefore, entitled to increased benefits, was not resolved by the Board, the Board's decision is interlocutory and nonappealable (see generally, Matter of Karam v. Executive Charge/Love Taxi, 284 A.D.2d 599). "Appeals from Board decisions which neither decide all substantive issues nor involve a threshold legal issue are not permitted * * *" (Matter of Taylor v. Gold Son, 105 A.D.2d 494, 494 [citation omitted]). Accordingly, the instant appeal is dismissed.

Mercure, J.P., Carpinello, Mugglin and Rose, JJ., concur.

ORDERED that the appeal is dismissed, without costs.


Summaries of

Claim of Paiz v. Coastal Pipeline Products Corp.

Appellate Division of the Supreme Court of New York, Third Department
Dec 20, 2001
289 A.D.2d 846 (N.Y. App. Div. 2001)
Case details for

Claim of Paiz v. Coastal Pipeline Products Corp.

Case Details

Full title:In the Matter of the Claim of SELVIN PAIZ, Respondent, v. COASTAL PIPELINE…

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

Date published: Dec 20, 2001

Citations

289 A.D.2d 846 (N.Y. App. Div. 2001)
734 N.Y.S.2d 510

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