Claim of Wilson v. Mt. St. Mary's Hospital

Appellate Division of the Supreme Court of New York

Claim of Wilson v. Mt. St. Mary's Hospital

38 A.D.2d 982, 329 N.Y.S.2d 158, 1972 N.Y. App. Div. LEXIS 5237

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

DecidedMarch 1, 1972

StatusPublished

This text of 38 A.D.2d 982 (Claim of Wilson v. Mt. St. Mary's Hospital) 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 Wilson v. Mt. St. Mary's Hospital, 38 A.D.2d 982, 329 N.Y.S.2d 158, 1972 N.Y. App. Div. LEXIS 5237 (N.Y. Ct. App. 1972).

Pincite

Opinion

Appeal from a decision of the Workmen’s Compensation Board, filed April 17, 1970, on the ground that there is no substantial evidence to support the board’s finding of causal relationship between an undisputed industrial accident occurring on April 14, 1960 and claimant’s continuing partial disability. Although there was the usual conflict of medical testimony, there was no valid reason why the board could not accept the testimony of Dr. Manzella and Dr. Angelo that claimant’s back condition was causally [983]*983related to the 1960 incident and, accordingly, the board’s determination must be upheld. The board in its decision revealed which testimony it accepted and that which it rejected, in a manner permitting intelligent judicial review. Decision affirmed, with costs to the Workmen’s Compensation Board. Herlihy, P. J., Greenblott, Cooke, Simons and Kane, JJ., concur.

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Appeal from a decision of the Workmen’s Compensation Board, filed April 17, 1970, on the ground that there is no substantial evidence to support the board’s finding of causal relationship between an undisputed industrial accident occurring on April 14, 1960 and claimant’s continuing partial disability. Although there was the usual conflict of medical testimony, there was no valid reason why the board could not accept the testimony of Dr. Manzella and Dr. Angelo that claimant’s back condition was causally [983]*983related to the 1960 incident and, accordingly, the board’s determination must be upheld. The board in its decision revealed which testimony it accepted and that which it rejected, in a manner permitting intelligent judicial review. Decision affirmed, with costs to the Workmen’s Compensation Board. Herlihy, P. J., Greenblott, Cooke, Simons and Kane, JJ., concur.

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Bluebook (online)

38 A.D.2d 982, 329 N.Y.S.2d 158, 1972 N.Y. App. Div. LEXIS 5237, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-wilson-v-mt-st-marys-hospital-nyappdiv-1972.