Legal Opinion
Claim of Miller v. North Shore University Hospital
Appellate Division of the Supreme Court of the State of New York
Decided December 16, 2004PublishedCited by 6 opinions
1Opinion of the CourtPeters, J.
Appeal from a decision of the Workers’ Compensation Board, filed July 23, 2003, which ruled that claimant failed to provide his employer with adequate notice of his injury.
Claimant, a registered nurse, was responding to a hospital call on September 8, 1994 when he allegedly exacerbated a prior abdominal injury while going down a flight of stairs. He went to the emergency room later that day and was referred to a surgeon. He filed a claim for workers’ compensation benefits on May 25, 1996 and underwent abdominal surgery on June 10, 1996. He did not return to work after his surgery. In February…
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