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Matter of Baskerville v. Keenan Construction

Appellate Division of the Supreme Court of New York, Third Department
Dec 24, 1997
245 A.D.2d 906 (N.Y. App. Div. 1997)

Opinion

December 24, 1997

Appeal from the Workers' Compensation Board.


Claimant suffered a work-related injury to his back in 1990 and received workers' compensation benefits for the time period from November 19, 1990 to March 1, 1991. In April 1993, claimant again injured his back, this time, while shoveling snow at his residence. Claimant applied for workers' compensation benefits on the ground that his 1993 back injury was causally related to his compensable back injury of 1990. The Workers' Compensation Board disagreed, ruling that claimant's 1993 injury was unrelated to his earlier injury. We affirm. Substantial evidence in the form of testimony given by two physicians who examined claimant was sufficient to support the finding that there was no nexus between claimant's 1993 back injury and his back injury of 1990 ( see, Matter of Panagiotatos v. Eastman Kodak Co., 222 A.D.2d 877, 878). Hence, the Board's ruling must be affirmed.

Mercure, J. P., Crew III, Yesawich Jr., Peters and Spain, JJ., concur.

Ordered that the decision is affirmed, without costs.


Summaries of

Matter of Baskerville v. Keenan Construction

Appellate Division of the Supreme Court of New York, Third Department
Dec 24, 1997
245 A.D.2d 906 (N.Y. App. Div. 1997)
Case details for

Matter of Baskerville v. Keenan Construction

Case Details

Full title:In the Matter of the Claim of EARL W. BASKERVILLE, Appellant, v. J.J…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Dec 24, 1997

Citations

245 A.D.2d 906 (N.Y. App. Div. 1997)
666 N.Y.S.2d 848