Legal Opinion
Cunningham v. New York City Transit Authority
Appellate Division of the Supreme Court of the State of New York
Decided November 13, 2014Published
1Opinion of the Court
Lahtinen, J.P.
Appeal from a decision of the Workers’ Compensation Board, filed April 9, 2013, which ruled that claimant did not sustain a causally related occupational disease and denied his claim for workers’ compensation benefits.
Claimant sustained serious injuries to his neck, back and left shoulder as the result of 1988 and 2003 automobile accidents that were not work related. He continued working as a car inspector for the self-insured employer until 2010, when he developed incapacitating neck, back and leg pain. Claimant thereafter applied for workers’ compensation benefits, asserting…
2Cases cited5 opinions
- Claim of Jaquin v. Community Covenant ChurchAppellate Division of the Supreme Court of the State of New York · 2010
- Claim of Lumia v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2005
- Matter of Cappellino v. Baumann & Sons Bus CompanyNew York Court of Appeals · 2012
- Claim of Coleman v. Schenectady County Department of Social ServicesAppellate Division of the Supreme Court of the State of New York · 2011
- Claim of Newton v. Sears Roebuck & Co.Appellate Division of the Supreme Court of the State of New York · 2002