Legal Opinion

Claim of Storm v. Phillips Lighting Co.

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

Decided May 22, 2014Published

1Opinion of the Court

Peters, EJ.

Appeal from a decision of the Workers’ Compensation Board, filed February 15, 2013, which ruled, among other things, that claimant’s application for workers’ compensation benefits was timely filed.

Claimant, a machine operator for the employer, sustained a work-related injury to her right shoulder in 2002. She experienced pain in that shoulder and, in 2010, underwent surgery to repair a rotator cuff tear. An occupational physician, Michael Lax, opined in 2011 that claimant’s shoulder condition consti*1313tuted an occupational disease that had been occasioned by repetitive arm motion in…

2Cases cited5 opinions

  1. Hastings v. Fairport Central School DistrictAppellate Division of the Supreme Court of the State of New York · 2000
  2. Claim of Kasic v. Bethlehem Steel Corp.Appellate Division of the Supreme Court of the State of New York · 2012
  3. Claim of Pulos v. Asplundh TreeAppellate Division of the Supreme Court of the State of New York · 2006
  4. Claim of Jarvis v. Stewart Airport DinerAppellate Division of the Supreme Court of the State of New York · 2000
  5. Claim of Tipping v. Orthopedic Surgeons of Long IslandAppellate Division of the Supreme Court of the State of New York · 2009

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