Claim of Chadha v. J.B. Lippincott Co.

300 A.D.2d 923, 753 N.Y.S.2d 177, 2002 N.Y. App. Div. LEXIS 12694
CourtAppellate Division of the Supreme Court of the State of New York
DecidedDecember 26, 2002
StatusPublished
Cited by5 cases

This text of 300 A.D.2d 923 (Claim of Chadha v. J.B. Lippincott 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 Chadha v. J.B. Lippincott Co., 300 A.D.2d 923, 753 N.Y.S.2d 177, 2002 N.Y. App. Div. LEXIS 12694 (N.Y. Ct. App. 2002).

Opinion

—Peters, J.

Appeals (1) from a decision of the Workers’ Compensation Board, filed November 15, 2000, which ruled the claimant did not sustain a compensable injury and denied his claim for workers’ compensation benefits, and (2) from a decision of said Board, filed January 24, 2002, which denied claimant’s application for full Board review or reconsideration.

On September 10,1993, at approximately 9:15 a.m., claimant, [924]*924a medical book salesperson for J.B. Lippincott Company (hereinafter the employer), was driving his four-door sedan on the New Jersey side of the George Washington Bridge when he was sideswiped by a 16-wheel tractor trailer. Claimant contended that the force of the collision propelled his head into the windshield and further dislodged a bookcase filled with medical books which hit him in his neck and back. He also alleged a temporary loss of consciousness. Yet, when approached by a police officer, claimant failed to report any injuries. Although such officer was not a witness to the accident, he nonetheless completed an accident report. According to such report, the vehicles were traveling at an estimated speed of 0 to 10 miles per hour and only claimant sustained damage to his vehicle in an amount estimated to be over $800. Claimant asserted that the accident took place as he was traveling from his home in Staten Island to his first appointment of the day in midtown Manhattan.

Claimant attended scheduled sales appointments on that day, but asserted that he lost two days of work due to his injuries. He then resumed work until October 14, 1993, when he sent a letter to his supervisor, Rick Cordrey, explaining that he was no longer able to continue because of his pain and injuries. Notably, Cordrey had sent a letter to claimant on October 7, 1993 which was critical of his job performance; it further indicated that barring significant improvement, his employment would be terminated. On October 20, 1993, claimant applied for and ultimately received short-term disability benefits. Claimant never returned to work and his employment was thereafter terminated.

The record reveals that claimant has been treated by a number of physicians whose medical records document his reported history of the accident, including the claim that he was struck in the back and neck by bookcases that he carried in the back seat of his car. They further , detailed his claimed loss of consciousness, diagnosing that he now suffered from, inter alia, herniated discs, cervical and lumbar pain, headaches, memory loss and dizziness. On December 1, 1993, claimant filed a claim for workers’ compensation benefits

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Bluebook (online)
300 A.D.2d 923, 753 N.Y.S.2d 177, 2002 N.Y. App. Div. LEXIS 12694, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-chadha-v-jb-lippincott-co-nyappdiv-2002.