Manning v. Niagara Mohawk Power Corp.

Decision Date04 November 1993
Citation198 A.D.2d 561,603 N.Y.S.2d 214
PartiesIn the Matter of the Claim of Robert MANNING, Jr., Respondent, v. NIAGARA MOHAWK POWER CORPORATION et al., Appellants. Workers' Compensation Board, Respondent.
CourtNew York Supreme Court — Appellate Division

Philip J. Rooney, New York City, and Welt & Stockton (Catherine M. Schunk, of counsel), Albany, for appellants.

Robert Abrams, Atty. Gen. (Howard B. Friedland, of counsel), New York City, for Workers' Compensation Bd., respondent.

Before WEISS, P.J., and MERCURE, CARDONA, MAHONEY and CASEY, JJ.

WEISS, Presiding Judge.

Appeal from an amended decision of the Workers' Compensation Board, filed August 27, 1992, which ruled that claimant was entitled to reimbursement for various expenditures.

Claimant sustained grievous injuries while at work which rendered him a quadriplegic, totally and permanently disabled, requiring round-the-clock care by a specially trained registered nurse supplemented by a home health care attendant. The employer's workers' compensation insurance carrier contends that the Workers' Compensation Board erred in confirming the decision of the Workers' Compensation Law Judge (hereinafter WCLJ) which held that claimant was entitled to deduct from the employer's credit against the net proceeds of his third-party settlement, inter alia, the value of nursing and health care attendant services provided to him by his spouse even though he had not actually made payment to her. 1

The carrier argues that while Workers' Compensation Law § 13(a) requires an employer to "provide" an injured employee medical, surgical, optometric "or other attendance or treatment", in this case Workers' Compensation Law § 29(1) must also be considered because claimant had a substantial recovery from his third party negligence action. Section 29(1) affords an employer a lien for past benefits paid and/or a credit against the net proceeds of claimant's third-party settlement for future payment of benefits. Section 29(4) requires that a carrier pay only the deficiency, if any, between the recovery from such lawsuit and the compensation provided or estimated for the case. The employer interprets these sections, when read together, to require that claimant pay the expenses himself and only when the proceeds of the third-party settlement have been exhausted should the carrier be required to make payments (see, Matter of Dimaggio v. International Chimney Corp., 285 App.Div. 226, 136 N.Y.S.2d 311). Because claimant had not actually paid his wife nor become legally obligated to do so, the carrier contends that he had not incurred the expense and therefore it was not obligated to credit such amounts against the settlement proceeds.

It is fundamental that the Workers' Compensation Law is to be liberally construed to accomplish the economic and humanitarian objects of the statute (Matter of Smith v Tompkins County Courthouse, 60 N.Y.2d 939, 941, 471 N.Y.S.2d 46, 459 N.E.2d 155), which specifically includes "carrying out fairly and fully the legislative purpose" (Matter of Clumber Transp. Corp., 160 A.D.2d 1186, 1187, 555 N.Y.S.2d 196).

The employer and carrier in their brief candidly concede that medical care and treatment for which they are responsible includes, in this case, nursing and home care attendants (Workers' Compensation Law § 13[a]; see, Dimaggio v. International Chimney Corp., supra). This holds true whether the services are performed by claimant's spouse or another (see, Matter of Haney v. Schiavone Constr., 195 A.D.2d 628, 599 N.Y.S.2d 765; Matter of Nallan v. Motion Picture Studio Mechanics Union, Local No. 52, 49 A.D.2d 365, 369-370, 375 N.Y.S.2d 164, revd. on other grounds, 40 N.Y.2d 1042, 391 N.Y.S.2d 853, 360 N.E.2d 353; Matter of Leskin v. Savin Constr. Co., 21 A.D.2d 717, 249 N.Y.S.2d 502; Matter of Berkowitz v. Highmount Hotel, 281 App.Div. 1000, 120 N.Y.S.2d 600).

We further find substantial evidence in the record to support the decision with respect to the need for the care (see, Matter of Mamone v. Griege, 135 A.D.2d 967, 522...

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10 cases
  • Manning v. Utilities Mutual Ins. Co.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (2nd Circuit)
    • August 1, 2000
    ...courts on three occasions. See Manning v. Niagara Mohawk Power Corp., 501 N.Y.S.2d 218 (3d Dep't 1986); Manning v. Niagara Mohawk Power Corp., 603 N.Y.S. 2d 214 (3d Dep't 1993); Manning v. Niagara Mohawk Power Corp., 650 N.Y.S. 2d 431 (3d Dep't 1996). Defendants lost each appeal, yet contin......
  • Matter of Spyhalsky v. Cross Construction
    • United States
    • New York Supreme Court Appellate Division
    • June 13, 2002
    ...Tompkins County Courthouse, 60 N.Y.2d 939, 941; see, Matter of Morell v Onondaga County, 244 A.D.2d 695, 697; Matter of Manning v Niagara Mohawk Power Corp., 198 A.D.2d 561, 562), and there exists a litany of judicial determinations exemplifying both the broad and liberal interpretation of ......
  • Buckner v. Buckner & Kourofsky, LLP
    • United States
    • New York Supreme Court Appellate Division
    • July 13, 2017
    ...the costs for [a spouse's] services must be made to [the] claimant, not to the spouse" (Matter of Manning v. Niagara Mohawk Power Corp., 198 A.D.2d 561, 563, 603 N.Y.S.2d 214 [1993] ; see Matter of Nallan v. Motion Picture Studio Mechanics Union, Local No. 52, 49 A.D.2d 365, 370, 375 N.Y.S.......
  • Raponi v. Orange & Rockland Utilities Inc.
    • United States
    • New York Supreme Court Appellate Division
    • November 16, 1995
    ...271). The record supports Supreme Court's exercise of discretion in its apportionment of damages (see, Matter of Manning v. Niagara Mohawk Power Corp., 198 A.D.2d 561, 603 N.Y.S.2d 214), where petitioner, as here, has been required to render services which if paid for by respondents would e......
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