Claim of Butt v. Landsman Packing Co.

Appellate Division of the Supreme Court of New York

Claim of Butt v. Landsman Packing Co.

73 A.D.2d 738, 423 N.Y.S.2d 282, 1979 N.Y. App. Div. LEXIS 14811

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

DecidedDecember 13, 1979

StatusPublished

This text of 73 A.D.2d 738 (Claim of Butt v. Landsman Packing Co.) 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 Butt v. Landsman Packing Co., 73 A.D.2d 738, 423 N.Y.S.2d 282, 1979 N.Y. App. Div. LEXIS 14811 (N.Y. Ct. App. 1979).

Pincite

Opinion

— Appeal from a decision of the Workers’ Compensation Board, filed August 22, 1978, which found that the claimant had a causally related disability after January 21, 1977. The primary issue is whether the record contains substantial evidence of physical impairment causally related to an initial industrial accident which occurred on July 3, 1973 when the claimant inhaled chlorine gas, concededly causing an acute bronchitis. The board, after summarizing the medical testimony, including a medical examiner’s conclusion of a permanent partial disability, and other findings of "moderate ventilatory impairment”, found: "Upon review, Board Panel finds based on credible medical evidence, including reports of Dr. J. Gold that claimant had a causally related disability after 1/21/77”. The record contains substantial evidence supporting the board’s decision. Decision affirmed, with costs to the Workers’ Compensation Board against the employer and its insurance carrier. Sweeney, J. P., Main, Mikoll and Herlihy, JJ., concur.

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— Appeal from a decision of the Workers’ Compensation Board, filed August 22, 1978, which found that the claimant had a causally related disability after January 21, 1977. The primary issue is whether the record contains substantial evidence of physical impairment causally related to an initial industrial accident which occurred on July 3, 1973 when the claimant inhaled chlorine gas, concededly causing an acute bronchitis. The board, after summarizing the medical testimony, including a medical examiner’s conclusion of a permanent partial disability, and other findings of "moderate ventilatory impairment”, found: "Upon review, Board Panel finds based on credible medical evidence, including reports of Dr. J. Gold that claimant had a causally related disability after 1/21/77”. The record contains substantial evidence supporting the board’s decision. Decision affirmed, with costs to the Workers’ Compensation Board against the employer and its insurance carrier. Sweeney, J. P., Main, Mikoll and Herlihy, JJ., concur.

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Bluebook (online)

73 A.D.2d 738, 423 N.Y.S.2d 282, 1979 N.Y. App. Div. LEXIS 14811, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-butt-v-landsman-packing-co-nyappdiv-1979.