Legal Opinion

Claim of Wallace v. Nestles Chocolate Co.

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

Decided September 27, 2001PublishedCited by 2 opinions

1Opinion of the Court

—Lahtinen, J.

Appeal from a decision of the Workers’ Compensation Board, filed August 4, 2000, which ruled that the death of claimant’s decedent did not arise out of and in the course of his employment and denied the claim for workers’ compensation death benefits.

Claimant’s decedent, a 49-year-old forklift operator, underwent trigger release surgery on two fingers to relieve a work-related condition. The surgery, which was performed under a local anesthetic, lasted approximately 35 minutes during which there were no problems. After decedent’s transfer to a recovery room, he began to experience…

2Cases cited3 opinions

  1. Claim of Robbins v. FrohlichNew York Court of Appeals · 1952
  2. Claim of Bauman v. Lord Electric Co.Appellate Division of the Supreme Court of the State of New York · 1980
  3. Claim of Kinard v. Battle Verzeni Construction Co.Appellate Division of the Supreme Court of the State of New York · 1990

3Cited by2 opinions

  1. Claim of Estate of Matusko v. Kennedy Valve Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 2002
  2. Claim of Tucci v. KimballAppellate Division of the Supreme Court of the State of New York · 2002

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