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Matter of Montemarano v. Lighting Dynamics

Appellate Division of the Supreme Court of New York, Third Department
Jan 12, 1995
211 A.D.2d 932 (N.Y. App. Div. 1995)

Opinion

January 12, 1995

Appeal from the Workers' Compensation Board.


Upon review of the record, we conclude that there is substantial evidence to support the Board's determination that claimant's psychiatric disability preexisted the work stress he experienced at his former position as an executive vice-president of sales for the employer. The record contains credible evidence that claimant's psychiatric problems began early in life. Under the circumstances, we find no reason to disturb the Board's determination that claimant's breakdown and subsequent disability were not causally related to his work and, consequently, that claimant did not sustain an accident arising out of or in the course of his employment.

Cardona, P.J., Mikoll, Crew III, White and Yesawich Jr., JJ., concur. Ordered that the decision is affirmed, without costs.


Summaries of

Matter of Montemarano v. Lighting Dynamics

Appellate Division of the Supreme Court of New York, Third Department
Jan 12, 1995
211 A.D.2d 932 (N.Y. App. Div. 1995)
Case details for

Matter of Montemarano v. Lighting Dynamics

Case Details

Full title:In the Matter of the Claim of PETER MONTEMARANO, Appellant, v. LIGHTING…

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

Date published: Jan 12, 1995

Citations

211 A.D.2d 932 (N.Y. App. Div. 1995)
621 N.Y.S.2d 951