Legal Opinion

Satalino v. Dan's Supreme Supermarket

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

Decided January 5, 2012PublishedCited by 17 opinions

1Opinion of the Court

Spain, J.E

We affirm. Pursuant to the Workers’ Compensation Law, an occupational disease is “a disease resulting from the nature of employment and contracted therein” (Workers’ Compensation Law § 2 [15]). Further, to be entitled to benefits based upon an occupational disease, “the claimant must establish a recognizable link between his or her condition and a distinctive feature of his or her employment” (Matter of Ferraina v Ontario Honda, 32 AD3d 643, 644 [2006]; see Matter of Lumia v City of N.Y., Off. of Queens Borough President, 21 AD3d 600, 601 [2005]). Finally, medical opinions regarding…

2Cases cited5 opinions

  1. Claim of Mayette v. Village of Massena Fire DepartmentAppellate Division of the Supreme Court of the State of New York · 2008
  2. Ferraina v. Ontario HondaAppellate Division of the Supreme Court of the State of New York · 2006
  3. Claim of Paradise v. Goulds PumpAppellate Division of the Supreme Court of the State of New York · 2004
  4. Claim of Lumia v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2005
  5. Claim of Castro v. Tishman Speyer PropertiesAppellate Division of the Supreme Court of the State of New York · 2003

3Cited by17 opinions

  1. Matter of Phelan v. Bethpage State Park, New York State Department of Parks & RecreationAppellate Division of the Supreme Court of the State of New York · 2015
  2. Matter of Lichten v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 2015
  3. Claim of Anderson v. New York City Department of Design & ConstructionAppellate Division of the Supreme Court of the State of New York · 2014
  4. Claim of Anderson v. New York City Department of Design & ConstructionAppellate Division of the Supreme Court of the State of New York · 2014
  5. Claim of Camby v. System Freight, Inc.Appellate Division of the Supreme Court of the State of New York · 2013

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