Legal Opinion

Claim of Mitchell v. Nason's Delivery, Inc.

Appellate Division of the Supreme Court of the State of New York

Decided May 22, 1980PublishedCited by 4 opinions

1Opinion of the Court

from a decision of the Workers’ Compensation Board, filed July 18, 1979. The claimant sustained a heart attack at about 12:00 noon on August 16, 1978, while unloading his employer’s truck. Previously, on that date, he had made pickups and deliveries of cartons of hardware merchandise, weighing from 5 to 100 pounds each, in the same manner as he had done for about 29 years. The unloading required claimant to lift the cartons from inside the truck to its tailgate for placement onto a pallet; the pickups were done in reverse. At the time of his attack the claimant had just unloaded 21 cartons.…

2Cases cited2 opinions

  1. Claim of Ernest v. Boggs Lake Estates, Inc.New York Court of Appeals · 1963
  2. Claim of Jurkovich v. Northeast ConstructorsAppellate Division of the Supreme Court of the State of New York · 1977

3Cited by4 opinions

  1. Claim of Rothstein v. Consolidated Electric Construction Co.Appellate Division of the Supreme Court of the State of New York · 1981
  2. Claim of Bilow v. Town of ChateaugayAppellate Division of the Supreme Court of the State of New York · 1989
  3. Carter v. Mobil Chemical Co.Appellate Division of the Supreme Court of the State of New York · 1985
  4. Coskey v. Cornell UniversityAppellate Division of the Supreme Court of the State of New York · 1980

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