Legal Opinion

Claim of Fellicello v. C & T Haulage

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

Decided February 7, 1980Published

1Opinion of the Court

Appeal from a decision of the Workers’ Compensation Board, filed November 3, 1978. Claimant sustained an original injury to his leg and back on November 27, 1972. Thereafter, on December 8, 1974 and June 27, 1975, he suffered further mishaps, alleging on each occasion that "his leg gave out”, causing the subsequent injury. The issue of apportionment of liability among carriers is resolved by determining whether the subsequent injuries were the product of new and separate accidents or were consequential to the original accident of November 27, 1972. Here, the record is replete with conflicting…

2Cases cited2 opinions

  1. Claim of De Maio v. Rockford Plumbing & HeatingAppellate Division of the Supreme Court of the State of New York · 1978
  2. Claim of Ford v. ConcreteAppellate Division of the Supreme Court of the State of New York · 1972

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