Claim of McCann v. Ken Jones Body Shop

Appellate Division of the Supreme Court of New York

Claim of McCann v. Ken Jones Body Shop

119 A.D.2d 941, 501 N.Y.S.2d 213, 1986 N.Y. App. Div. LEXIS 55870

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

DecidedApril 24, 1986

StatusPublished

Cited by1 cases

This text of 119 A.D.2d 941 (Claim of McCann v. Ken Jones Body Shop) 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.

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Claim of McCann v. Ken Jones Body Shop, 119 A.D.2d 941, 501 N.Y.S.2d 213, 1986 N.Y. App. Div. LEXIS 55870 (N.Y. Ct. App. 1986).

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Opinion

— Levine, J.

Appeal from a decision of the Workers’ Compensation Board, filed November 21, 1984.

[942]*942On July 21, 1975, the Workers’ Compensation Board approved a lump-sum, nonschedule adjustment in the amount of $8,500 and closed claimant’s case. The basis for the original claim, as disclosed in medical reports and in claimant’s own statements then before the Board, was a work-related, chronic dermatitis resulting in intermittent eruptions of hives and carbuncles, rendering claimant periodically totally disabled. The Board’s medical examiner concluded at the time that claimant had a permanent, partial disability.

The medical reports and clinical records submitted on claimant’s application to reopen his case disclose the same pattern of exacerbation and remission of the same symptoms. Accordingly, there was substantial evidence to support the Board’s conclusion that the medical evidence did not show any change in condition not contemplated at the time of the lump-sum closing. Therefore, the Board correctly applied the standard set forth in Workers’ Compensation Law § 15 (5-b) in denying claimant’s application to reopen the case (see, Matter of Krauss v Hudson Painting Corp., 79 AD2d 794; Matter of Primus v Continental Forge & Tool Co., 7 AD2d 178, 181).

Decision affirmed, without costs. Kane, J. P., Yesawich, Jr., Levine and Harvey, JJ., concur.

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— Levine, J.

Appeal from a decision of the Workers’ Compensation Board, filed November 21, 1984.

[942]*942On July 21, 1975, the Workers’ Compensation Board approved a lump-sum, nonschedule adjustment in the amount of $8,500 and closed claimant’s case. The basis for the original claim, as disclosed in medical reports and in claimant’s own statements then before the Board, was a work-related, chronic dermatitis resulting in intermittent eruptions of hives and carbuncles, rendering claimant periodically totally disabled. The Board’s medical examiner concluded at the time that claimant had a permanent, partial disability.

The medical reports and clinical records submitted on claimant’s application to reopen his case disclose the same pattern of exacerbation and remission of the same symptoms. Accordingly, there was substantial evidence to support the Board’s conclusion that the medical evidence did not show any change in condition not contemplated at the time of the lump-sum closing. Therefore, the Board correctly applied the standard set forth in Workers’ Compensation Law § 15 (5-b) in denying claimant’s application to reopen the case (see, Matter of Krauss v Hudson Painting Corp., 79 AD2d 794; Matter of Primus v Continental Forge & Tool Co., 7 AD2d 178, 181).

Decision affirmed, without costs. Kane, J. P., Yesawich, Jr., Levine and Harvey, JJ., concur.

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119 A.D.2d 941, 501 N.Y.S.2d 213, 1986 N.Y. App. Div. LEXIS 55870, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-mccann-v-ken-jones-body-shop-nyappdiv-1986.

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