Claim of Schick v. Crucible Specialty Metals

Appellate Division of the Supreme Court of New York

Claim of Schick v. Crucible Specialty Metals

199 A.D.2d 810, 605 N.Y.S.2d 528, 1993 N.Y. App. Div. LEXIS 12226

Appellate Division of the Supreme Court of the State of New York·Decided December 23, 1993·Published

Opinion

Appeal from an amended decision of the Workers’ Compensation Board, filed September 1, 1992, which ruled that claimant sustained an accidental injury in the course of his employment and awarded workers’ compensation benefits.

We find substantial evidence in the record to support the Board’s decision that the excessive emotional and mental stress under which claimant worked, due to long hours and shifting work schedules, constituted an accident within the meaning of the Workers’ Compensation Law. We note that a determination of accidental injury is not precluded even though other employees who performed the same work as claimant under similar conditions were not so affected. Accordingly, the Board’s decision should be affirmed.

Weiss, P. J., Cardona, White, Mahoney and Casey, JJ., concur. Ordered that the amended decision is affirmed, without costs.

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Appeal from an amended decision of the Workers’ Compensation Board, filed September 1, 1992, which ruled that claimant sustained an accidental injury in the course of his employment and awarded workers’ compensation benefits.

We find substantial evidence in the record to support the Board’s decision that the excessive emotional and mental stress under which claimant worked, due to long hours and shifting work schedules, constituted an accident within the meaning of the Workers’ Compensation Law. We note that a determination of accidental injury is not precluded even though other employees who performed the same work as claimant under similar conditions were not so affected. Accordingly, the Board’s decision should be affirmed.

Weiss, P. J., Cardona, White, Mahoney and Casey, JJ., concur. Ordered that the amended decision is affirmed, without costs.

Claim of Schick v. Crucible Specialty Metals, 199 A.D.2d 810, 605 N.Y.S.2d 528, 1993 N.Y. App. Div. LEXIS 12226 (N.Y. Ct. App. 1993).

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199 A.D.2d 810 (Claim of Schick v. Crucible Specialty Metals) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.