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In the Matter of Cameron v. Chalet

Appellate Division of the Supreme Court of New York, Third Department
Mar 16, 2006
27 A.D.3d 922 (N.Y. App. Div. 2006)

Opinion

98193.

March 16, 2006.

Appeal from a decision of the Workers' Compensation Board, filed August 11, 2004, which ruled that claimant did not sustain a causally related injury and denied her claim for workers' compensation benefits.

Erwin, McCane Daly, Albany (J. Kevin Daly of counsel), for appellant.

Sullivan, Cunningham, Keenan, Mraz, Oliver Violando, Albany (John M. Oliver of counsel), for Bavarian Chalet and another, respondents.

Before: Cardona, P.J., Crew III, Peters and Rose, JJ., concur.


Upon review of the entire record, there is substantial evidence to support the determination of the Workers' Compensation Board that the injury sustained by claimant on April 22, 2000 has resolved and her continuing disability is the result of her preexisting extensive degenerative changes throughout her spine, scoliosis and spinal stenosis. While the record contains some evidence that would support the opposite conclusion, the resolution of factual discrepancies ( see Matter of Gates v. McBride Transp., 60 NY2d 670, 671; Matter of Newton v. Sears Roebuck Co., 293 AD2d 862, 863) and conflicting medical opinions lies within the province of the Board ( see Matter of Gilman v. Champlain Val. Physicians Hosp., 23 AD3d 860, 861; Matter of Gentile-Cruz v. Tri-State Empl. Servs., 23 AD3d 743, 744).

Ordered that the decision is affirmed, without costs.


Summaries of

In the Matter of Cameron v. Chalet

Appellate Division of the Supreme Court of New York, Third Department
Mar 16, 2006
27 A.D.3d 922 (N.Y. App. Div. 2006)
Case details for

In the Matter of Cameron v. Chalet

Case Details

Full title:In the Matter of the Claim of THERESA CAMERON, Appellant, v. BAVARIAN…

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

Date published: Mar 16, 2006

Citations

27 A.D.3d 922 (N.Y. App. Div. 2006)
2006 N.Y. Slip Op. 1868
810 N.Y.S.2d 378