Byrd v. Nassau Hospital

Appellate Division of the Supreme Court of New York

Byrd v. Nassau Hospital

77 A.D.2d 717, 430 N.Y.S.2d 541, 1980 N.Y. App. Div. LEXIS 12459

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJuly 17, 1980

StatusPublished

This text of 77 A.D.2d 717 (Byrd v. Nassau Hospital) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Byrd v. Nassau Hospital, 77 A.D.2d 717, 430 N.Y.S.2d 541, 1980 N.Y. App. Div. LEXIS 12459 (N.Y. Ct. App. 1980).

Pincite

Opinion

Appeal from a decision of the Workers’ Compensation Board, filed December 19, 1978 and amended March 8, 1979, which disallowed a claim for compensation under the Workers’ Compensation Law. Claimant, a 17-year employee of the Nassau Hospital in Mineóla, New York, allegedly sustained a back injury while carrying a tray of operating instruments. The testimony is unclear as to whether the accident occurred on November 8 or November 15, 1976. In any event, claimant’s assistant superintendent, Mary Murray, as well as her supervisor, Mrs. Nicholas, had no independent recollection of being informed by claimant, either on November 8 or November 15, 1976, that she injured her back. The board stated: "Upon review of the record the majority of the Board Panel finds, based on the testimony of Mary Murray and A. Nicholas, that no accident happened out of and in. the course of employment.” There is substantial evidence to sustain the determination of the board. Decision affirmed, without costs. Mahoney, P. J., Greenblott, Main, Mikoll and Herlihy, JJ., concur.

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Appeal from a decision of the Workers’ Compensation Board, filed December 19, 1978 and amended March 8, 1979, which disallowed a claim for compensation under the Workers’ Compensation Law. Claimant, a 17-year employee of the Nassau Hospital in Mineóla, New York, allegedly sustained a back injury while carrying a tray of operating instruments. The testimony is unclear as to whether the accident occurred on November 8 or November 15, 1976. In any event, claimant’s assistant superintendent, Mary Murray, as well as her supervisor, Mrs. Nicholas, had no independent recollection of being informed by claimant, either on November 8 or November 15, 1976, that she injured her back. The board stated: "Upon review of the record the majority of the Board Panel finds, based on the testimony of Mary Murray and A. Nicholas, that no accident happened out of and in. the course of employment.” There is substantial evidence to sustain the determination of the board. Decision affirmed, without costs. Mahoney, P. J., Greenblott, Main, Mikoll and Herlihy, JJ., concur.

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Bluebook (online)

77 A.D.2d 717, 430 N.Y.S.2d 541, 1980 N.Y. App. Div. LEXIS 12459, Counsel Stack Legal Research, https://law.counselstack.com/opinion/byrd-v-nassau-hospital-nyappdiv-1980.