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Matter of Audouin v. Economist Int. U

Appellate Division of the Supreme Court of New York, Third Department
Jul 15, 1999
263 A.D.2d 689 (N.Y. App. Div. 1999)

Opinion

July 15, 1999

Appeal from a decision of the Workers' Compensation Board, filed March 18, 1997, which ruled that claimant did not sustain an accident or occupational disease and denied workers' compensation benefits.

Donald Rosenkrantz, New York City, for appellant.

Fisher Brothers Law Firm (Amy Levitt of counsel), New York City, for Economist Intelligence Unit and another, respondents.

Before: CARDONA, P.J., MIKOLL, YESAWICH JR., CARPINELLO and GRAFFEO, JJ.


MEMORANDUM AND ORDER

After being discharged from her employment as a typesetter, claimant submitted a claim for workers' compensation benefits contending that she sustained an injury to her back due to sitting in an awkward position at work for long periods of time. The Workers' Compensation Board denied claimant's application for benefits upon a finding that she did not sustain an accident or occupational disease and that her claim of an accidental injury was simply an afterthought. The record indicates that claimant lost no time from work prior to being fired, that she did not stop work due to any work-related medical condition and that she first sought medical treatment after being fired. Inasmuch as the Board's decision is supported by substantial evidence, it will not be disturbed (see, Matter of Hazzard v. Commodore Hotel, 63 A.D.2d 1098).

ORDERED that the decision is affirmed, without costs.


Summaries of

Matter of Audouin v. Economist Int. U

Appellate Division of the Supreme Court of New York, Third Department
Jul 15, 1999
263 A.D.2d 689 (N.Y. App. Div. 1999)
Case details for

Matter of Audouin v. Economist Int. U

Case Details

Full title:In the Matter of the Claim of EVELYN AUDOUIN, Appellant, v. ECONOMIST…

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

Date published: Jul 15, 1999

Citations

263 A.D.2d 689 (N.Y. App. Div. 1999)
693 N.Y.S.2d 695