Claim of Ottaviani v. Soundview Barber Shop

Appellate Division of the Supreme Court of New York

Claim of Ottaviani v. Soundview Barber Shop

65 A.D.2d 850, 410 N.Y.S.2d 150, 1978 N.Y. App. Div. LEXIS 13749

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

DecidedNovember 9, 1978

StatusPublished

This text of 65 A.D.2d 850 (Claim of Ottaviani v. Soundview Barber 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.

Bluebook

Claim of Ottaviani v. Soundview Barber Shop, 65 A.D.2d 850, 410 N.Y.S.2d 150, 1978 N.Y. App. Div. LEXIS 13749 (N.Y. Ct. App. 1978).

Pincite

Opinion

—Appeal from a decision of the Workers’ Compensation Board, filed April 29, 1977, which affirmed the referee’s decision disallowing the claim upon the ground that the claimant did not sustain an accidental injury arising out of and in the course of employment and that there was no causal relationship between the claimant’s injuries and his work activities. The board found: "on the basis of the credible lay and medical testimony that the claimant did not sustain an accidental injury arising out of and in the course of employment and there is no causal relation between the myocardial infarction and his work activities.” There is substantial evidence to sustain the determination of the board. In addition, the refusal of the board to reconsider was not arbitrary, capricious or an abuse of discretion in that no new information was adduced to justify such action. Decision affirmed, without costs. Greenblott, J. P., Main, Larkin, Mikoll and Herlihy, JJ., concur.

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—Appeal from a decision of the Workers’ Compensation Board, filed April 29, 1977, which affirmed the referee’s decision disallowing the claim upon the ground that the claimant did not sustain an accidental injury arising out of and in the course of employment and that there was no causal relationship between the claimant’s injuries and his work activities. The board found: "on the basis of the credible lay and medical testimony that the claimant did not sustain an accidental injury arising out of and in the course of employment and there is no causal relation between the myocardial infarction and his work activities.” There is substantial evidence to sustain the determination of the board. In addition, the refusal of the board to reconsider was not arbitrary, capricious or an abuse of discretion in that no new information was adduced to justify such action. Decision affirmed, without costs. Greenblott, J. P., Main, Larkin, Mikoll and Herlihy, JJ., concur.

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Bluebook (online)

65 A.D.2d 850, 410 N.Y.S.2d 150, 1978 N.Y. App. Div. LEXIS 13749, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-ottaviani-v-soundview-barber-shop-nyappdiv-1978.