Claim of Massaro v. Yankee Maid Dress Co.

Appellate Division of the Supreme Court of New York

Claim of Massaro v. Yankee Maid Dress Co.

179 A.D.2d 939, 579 N.Y.S.2d 911, 1992 N.Y. App. Div. LEXIS 870

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

DecidedJanuary 30, 1992

StatusPublished

This text of 179 A.D.2d 939 (Claim of Massaro v. Yankee Maid Dress 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 Massaro v. Yankee Maid Dress Co., 179 A.D.2d 939, 579 N.Y.S.2d 911, 1992 N.Y. App. Div. LEXIS 870 (N.Y. Ct. App. 1992).

Pincite

Opinion

There is substantial evidence in the record to support the conclusion by the Workers’ Compensation Board that claimant contracted his disease while in the employment of a previous employer and that the condition was ongoing since 1971 (see, Matter of Garafolo v Arms Hills Supermarkets, 74 AD2d 681). The Board therefore properly determined that the claim of disablement as of 1981 was barred by Workers’ Compensation Law former § 40 because claimant contracted the disease more than 12 months prior to the date of disablement (see, supra).

Mikoll, J. P., Yesawich Jr., Levine, Crew III and Casey, JJ., concur. Ordered that the decision is affirmed, without costs.

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There is substantial evidence in the record to support the conclusion by the Workers’ Compensation Board that claimant contracted his disease while in the employment of a previous employer and that the condition was ongoing since 1971 (see, Matter of Garafolo v Arms Hills Supermarkets, 74 AD2d 681). The Board therefore properly determined that the claim of disablement as of 1981 was barred by Workers’ Compensation Law former § 40 because claimant contracted the disease more than 12 months prior to the date of disablement (see, supra).

Mikoll, J. P., Yesawich Jr., Levine, Crew III and Casey, JJ., concur. Ordered that the decision is affirmed, without costs.

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Bluebook (online)

179 A.D.2d 939, 579 N.Y.S.2d 911, 1992 N.Y. App. Div. LEXIS 870, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-massaro-v-yankee-maid-dress-co-nyappdiv-1992.

Opinion

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