Claim of Zylbergleit v. Irving Rubber & Metal Co.

Appellate Division of the Supreme Court of New York

Claim of Zylbergleit v. Irving Rubber & Metal Co.

87 A.D.2d 929, 450 N.Y.S.2d 87, 1982 N.Y. App. Div. LEXIS 16452

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

DecidedApril 22, 1982

StatusPublished

Cited by6 cases

This text of 87 A.D.2d 929 (Claim of Zylbergleit v. Irving Rubber & Metal Co.) 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 Zylbergleit v. Irving Rubber & Metal Co., 87 A.D.2d 929, 450 N.Y.S.2d 87, 1982 N.Y. App. Div. LEXIS 16452 (N.Y. Ct. App. 1982).

Pincite

Opinion

Appeal from a decision of the Workers’ Compensation Board, [930]*930filed October 30,1980. The board has decided that claimant should be provided with an electric elevator chair for access to his second floor apartment because of an existing disability resulting from a compensable heart condition. The only question to be resolved upon this appeal is whether that disability is founded upon a myocardial infarction which occurred in 1969. The original award was for coronary insufficiency and the case was closed on December 8, 1969 with a finding of no compensable lost time from that date. However, the case was reopened on November 26, 1976 upon the basis of a medical report finding a coronary infarction at the time of the 1969 injury with a continuing disability. This view was adopted by the board, and it amended its prior decision to reflect the findings. It is clear from the record that there is more than substantial medical evidence to support a finding of causal relation and the need for the elevator chair (see Workers’ Compensation Law, § 13, subd [a]; Matter of Carniato v Wheeler Corp., 7 AD2d 328). Decision affirmed, with costs to the Workers’ Compensation Board. Mahoney, P. J., Sweeney, Kane, Casey and Mikoll, JJ., concur.

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Appeal from a decision of the Workers’ Compensation Board, [930]*930filed October 30,1980. The board has decided that claimant should be provided with an electric elevator chair for access to his second floor apartment because of an existing disability resulting from a compensable heart condition. The only question to be resolved upon this appeal is whether that disability is founded upon a myocardial infarction which occurred in 1969. The original award was for coronary insufficiency and the case was closed on December 8, 1969 with a finding of no compensable lost time from that date. However, the case was reopened on November 26, 1976 upon the basis of a medical report finding a coronary infarction at the time of the 1969 injury with a continuing disability. This view was adopted by the board, and it amended its prior decision to reflect the findings. It is clear from the record that there is more than substantial medical evidence to support a finding of causal relation and the need for the elevator chair (see Workers’ Compensation Law, § 13, subd [a]; Matter of Carniato v Wheeler Corp., 7 AD2d 328). Decision affirmed, with costs to the Workers’ Compensation Board. Mahoney, P. J., Sweeney, Kane, Casey and Mikoll, JJ., concur.

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87 A.D.2d 929, 450 N.Y.S.2d 87, 1982 N.Y. App. Div. LEXIS 16452, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-zylbergleit-v-irving-rubber-metal-co-nyappdiv-1982.

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