Claim of Whalen v. Ayerst Laboratories Division of American Home Products Corp.

Full title: In the Matter of the Claim of KATHY WHALEN, Respondent, v. AYERST…

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

Date published: Dec 14, 1989

156 A.D.2d 770 (N.Y. App. Div. 1989)

549 N.Y.S.2d 195

Opinion

December 14, 1989

Appeal from the Workers' Compensation Board.

Kane, J.

The Workers' Compensation Board has found that claimant was entitled to receive disability benefits from her pregnancy from February 5, 1984 to March 19, 1984. We agree that, based upon the testimony of her attending physician and his statement in the record, there is substantial evidence to support the determination of the Board (see, Matter of Roscoe v New York Tel. Co., 108 A.D.2d 977).

Decision affirmed, with costs to the Workers' Compensation Board. Mahoney, P.J., Kane, Casey, Levine and Mercure, JJ., concur.