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Matter of Ziskind v. Green Thumb Spray Corp.

Appellate Division of the Supreme Court of New York, Third Department
Sep 15, 1994
207 A.D.2d 933 (N.Y. App. Div. 1994)

Opinion

September 15, 1994

Appeal from the Workers' Compensation Board.


We affirm. Claimant did not appeal from the Board's substantive decision finding no causal relationship for a claimed neck injury but instead chose to appeal only from the decision denying reconsideration of that determination. It is well settled that the Board's decision to deny an application for reconsideration may not be disturbed unless it was arbitrary and capricious or an abuse of discretion. Here, we find no evidence that the Board's decision is irrational, especially in the absence of any showing that there are additional facts or new information which were previously unavailable for the Board's consideration.

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


Summaries of

Matter of Ziskind v. Green Thumb Spray Corp.

Appellate Division of the Supreme Court of New York, Third Department
Sep 15, 1994
207 A.D.2d 933 (N.Y. App. Div. 1994)
Case details for

Matter of Ziskind v. Green Thumb Spray Corp.

Case Details

Full title:In the Matter of the Claim of RICHARD ZISKIND, Appellant, v. GREEN THUMB…

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

Date published: Sep 15, 1994

Citations

207 A.D.2d 933 (N.Y. App. Div. 1994)
616 N.Y.S.2d 265

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