Claim of Rothenberg v. Rothenberg, Levinson, P. C.

Appellate Division of the Supreme Court of New York

Claim of Rothenberg v. Rothenberg, Levinson, P. C.

74 A.D.2d 666, 424 N.Y.S.2d 766, 1980 N.Y. App. Div. LEXIS 10350

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

DecidedFebruary 7, 1980

StatusPublished

Cited by1 cases

This text of 74 A.D.2d 666 (Claim of Rothenberg v. Rothenberg, Levinson, P. C.) 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 Rothenberg v. Rothenberg, Levinson, P. C., 74 A.D.2d 666, 424 N.Y.S.2d 766, 1980 N.Y. App. Div. LEXIS 10350 (N.Y. Ct. App. 1980).

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Opinion

Appeal from a decision of the Workers’ Compensation Board, filed March 1, 1979, which found that claimant had not sustained an accidental injury arising out of and in the course of his employment and, [667]*667accordingly, disallowed the claim. The board found: "based on the credible testimony, claimant’s work activities prior to and after October, 1974 neither involved nor induced emotional stress and strain or tension greater than the countless differences and irritations to which all workers are occasionally subjected without untoward result and that claimant’s angina pectoris did not constitute an accidental injury arising out of and in the course of employment.” Substantial evidence in the record supports this determination of the board. Decision affirmed, without costs. 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 March 1, 1979, which found that claimant had not sustained an accidental injury arising out of and in the course of his employment and, [667]*667accordingly, disallowed the claim. The board found: "based on the credible testimony, claimant’s work activities prior to and after October, 1974 neither involved nor induced emotional stress and strain or tension greater than the countless differences and irritations to which all workers are occasionally subjected without untoward result and that claimant’s angina pectoris did not constitute an accidental injury arising out of and in the course of employment.” Substantial evidence in the record supports this determination of the board. Decision affirmed, without costs. Sweeney, J. P., Kane, Staley, Jr., Main and Herlihy, JJ., concur.

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74 A.D.2d 666, 424 N.Y.S.2d 766, 1980 N.Y. App. Div. LEXIS 10350, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-rothenberg-v-rothenberg-levinson-p-c-nyappdiv-1980.

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