Claim of Berger v. New York Post

Appellate Division of the Supreme Court of New York

Claim of Berger v. New York Post

217 A.D.2d 764, 629 N.Y.S.2d 126, 1995 N.Y. App. Div. LEXIS 7748

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

DecidedJuly 13, 1995

StatusPublished

Cited by1 cases

This text of 217 A.D.2d 764 (Claim of Berger v. New York Post) 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

Claim of Berger v. New York Post, 217 A.D.2d 764, 629 N.Y.S.2d 126, 1995 N.Y. App. Div. LEXIS 7748 (N.Y. Ct. App. 1995).

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Opinion

—Appeal from a decision of the Workers’ Compensation Board, filed March 3, [765]*7651993, which ruled that claimant did not sustain a causally related disability and denied his claim for workers’ compensation benefits.

Claimant, a sales executive, sustained a compensable injury to his left foot in October 1987 for which he received a schedule award. When claimant’s case was later reopened, the Board found that claimant did not sustain a further causally related injury to his left foot or a causally related psychiatric disability. Consequently, the Board denied claimant’s application for benefits. The record reveals conflicting medical testimony concerning the extent and cause of claimant’s infirmities. Inasmuch as some of this testimony established that the residual injury to claimant’s left foot and his psychiatric disability were not causally related to his accident at work, we find that substantial evidence supports the Board’s decision.

Cardona, P. J., Mercure, White, Peters and Spain, JJ., concur. Ordered that the decision is affirmed, without costs.

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—Appeal from a decision of the Workers’ Compensation Board, filed March 3, [765]*7651993, which ruled that claimant did not sustain a causally related disability and denied his claim for workers’ compensation benefits.

Claimant, a sales executive, sustained a compensable injury to his left foot in October 1987 for which he received a schedule award. When claimant’s case was later reopened, the Board found that claimant did not sustain a further causally related injury to his left foot or a causally related psychiatric disability. Consequently, the Board denied claimant’s application for benefits. The record reveals conflicting medical testimony concerning the extent and cause of claimant’s infirmities. Inasmuch as some of this testimony established that the residual injury to claimant’s left foot and his psychiatric disability were not causally related to his accident at work, we find that substantial evidence supports the Board’s decision.

Cardona, P. J., Mercure, White, Peters and Spain, JJ., concur. Ordered that the decision is affirmed, without costs.

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Bluebook (online)

217 A.D.2d 764, 629 N.Y.S.2d 126, 1995 N.Y. App. Div. LEXIS 7748, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-berger-v-new-york-post-nyappdiv-1995.

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