Claim of Fellicello v. C & T Haulage

Appellate Division of the Supreme Court of New York

Claim of Fellicello v. C & T Haulage

74 A.D.2d 660, 424 N.Y.S.2d 777, 1980 N.Y. App. Div. LEXIS 10342

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

DecidedFebruary 7, 1980

StatusPublished

This text of 74 A.D.2d 660 (Claim of Fellicello v. C & T Haulage) 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 Fellicello v. C & T Haulage, 74 A.D.2d 660, 424 N.Y.S.2d 777, 1980 N.Y. App. Div. LEXIS 10342 (N.Y. Ct. App. 1980).

Pincite

Opinion

Appeal from a decision of the Workers’ Compensation Board, filed November 3, 1978. Claimant sustained an original injury to his leg and back on November 27, 1972. Thereafter, on December 8, 1974 and June 27, 1975, he suffered further mishaps, alleging on each occasion that "his leg gave out”, causing the subsequent injury. The issue of apportionment of liability among carriers is resolved by determining whether the subsequent injuries were the product of new and separate accidents or were consequential to the original accident of November 27, 1972. Here, the record is replete with conflicting medical evidence provided by experts in their respective fields. The board elected to accept the testimony which concluded that the second and third accidents were due to the injury sustained in the first incident. Since this determination is based upon substantial evidence, it may not be disturbed (Matter of De Maio v Rockford Plumbing & Heating, 63 AD2d 1041; Matter [661]*661of Ford v Sidnam Concrete, 38 AD2d 984). Decision affirmed, with costs to the Insurance Company of North America against the employer and its insurance carrier. Sweeney, J. P., Kane, Staley, Jr., Main and Herlihy, JJ., concur.

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Appeal from a decision of the Workers’ Compensation Board, filed November 3, 1978. Claimant sustained an original injury to his leg and back on November 27, 1972. Thereafter, on December 8, 1974 and June 27, 1975, he suffered further mishaps, alleging on each occasion that "his leg gave out”, causing the subsequent injury. The issue of apportionment of liability among carriers is resolved by determining whether the subsequent injuries were the product of new and separate accidents or were consequential to the original accident of November 27, 1972. Here, the record is replete with conflicting medical evidence provided by experts in their respective fields. The board elected to accept the testimony which concluded that the second and third accidents were due to the injury sustained in the first incident. Since this determination is based upon substantial evidence, it may not be disturbed (Matter of De Maio v Rockford Plumbing & Heating, 63 AD2d 1041; Matter [661]*661of Ford v Sidnam Concrete, 38 AD2d 984). Decision affirmed, with costs to the Insurance Company of North America against the employer and its insurance carrier. Sweeney, J. P., Kane, Staley, Jr., Main and Herlihy, JJ., concur.

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Bluebook (online)

74 A.D.2d 660, 424 N.Y.S.2d 777, 1980 N.Y. App. Div. LEXIS 10342, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-fellicello-v-c-t-haulage-nyappdiv-1980.

Opinion

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