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Matter of Bolek v. George Tieman Company

Appellate Division of the Supreme Court of New York, Third Department
Jun 1, 1995
216 A.D.2d 608 (N.Y. App. Div. 1995)

Opinion

June 1, 1995

Appeal from the Workers' Compensation Board.


Claimant, a surgical instrument polisher, was at work cleaning surgical instruments with muriatic acid when he became dizzy and light-headed from inhaling acid vapors. As a result, he fell to the cement floor sustaining serious injuries to his head. We find substantial evidence in the record to support the Board's decision that the injuries to claimant's head and his posttraumatic stress syndrome were causally related to the accident. We further find that, inasmuch as neither the employer nor carrier raised it at the first hearing, the Board properly refused to address the adequacy of claimant's notice of injury. Accordingly, we decline to disturb the Board's decision.

Cardona, P.J., Mercure, White, Peters and Spain, JJ., concur. Ordered that the decision is affirmed, without costs.


Summaries of

Matter of Bolek v. George Tieman Company

Appellate Division of the Supreme Court of New York, Third Department
Jun 1, 1995
216 A.D.2d 608 (N.Y. App. Div. 1995)
Case details for

Matter of Bolek v. George Tieman Company

Case Details

Full title:In the Matter of the Claim of PIET BOLEK, Respondent, v. GEORGE TIEMAN…

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

Date published: Jun 1, 1995

Citations

216 A.D.2d 608 (N.Y. App. Div. 1995)
627 N.Y.S.2d 175