Claim of McEvers v. Ternstedt Division General Motors Corp.

Appellate Division of the Supreme Court of New York

Claim of McEvers v. Ternstedt Division General Motors Corp.

43 A.D.2d 766, 350 N.Y.S.2d 760, 1973 N.Y. App. Div. LEXIS 2860

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

DecidedDecember 20, 1973

StatusPublished

This text of 43 A.D.2d 766 (Claim of McEvers v. Ternstedt Division General Motors Corp.) 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 McEvers v. Ternstedt Division General Motors Corp., 43 A.D.2d 766, 350 N.Y.S.2d 760, 1973 N.Y. App. Div. LEXIS 2860 (N.Y. Ct. App. 1973).

Pincite

Opinion

— Appeal by the claimant from a decision of the Workmen’s Compensation Board denying claimant benefits on the ground that an arthritic hip condition was not causally related to a prior industrial accident. On December 23, 1964 claimant sustained an industrial accident, and the issue here posed is whether that accident is causally related to claimant’s present arthritic condition in his left hip. This question is factual, depending entirely upon the resolution of conflicting medical expert opinons, and thus, if there is substantial evidence to support the board’s decision, it must be affirmed (e.g., Matter of Crosby v. Atlanta Knitting Mills, 40 A D 2d 747). In the present record there is clearly substantial medical testimony to support the board’s determination of a lack of causal relationship, and, accordingly, since we can find advanced no basis to disturb its decision, it must be affirmed. Decision affirmed, without costs. Herlihy, P. J., Greenblott, Cooke, Sweeney, and Reynolds, JJ., concur.

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— Appeal by the claimant from a decision of the Workmen’s Compensation Board denying claimant benefits on the ground that an arthritic hip condition was not causally related to a prior industrial accident. On December 23, 1964 claimant sustained an industrial accident, and the issue here posed is whether that accident is causally related to claimant’s present arthritic condition in his left hip. This question is factual, depending entirely upon the resolution of conflicting medical expert opinons, and thus, if there is substantial evidence to support the board’s decision, it must be affirmed (e.g., Matter of Crosby v. Atlanta Knitting Mills, 40 A D 2d 747). In the present record there is clearly substantial medical testimony to support the board’s determination of a lack of causal relationship, and, accordingly, since we can find advanced no basis to disturb its decision, it must be affirmed. Decision affirmed, without costs. Herlihy, P. J., Greenblott, Cooke, Sweeney, and Reynolds, JJ., concur.

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Bluebook (online)

43 A.D.2d 766, 350 N.Y.S.2d 760, 1973 N.Y. App. Div. LEXIS 2860, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-mcevers-v-ternstedt-division-general-motors-corp-nyappdiv-1973.