Claim of Everett v. A. S. Steel Rule Die Corp.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Casey, J.
A claimant who becomes incapacitated due to a mental condition causally related to his observation of a bloody bandage on the hand of a co-worker, who injured his hand off the job site, has not sustained an industrial accident within the meaning of the Workers’ Compensation Law. The Workers’ Compensation Board’s decision affirming an award of benefits in such circumstances, therefore, lacks a rational basis and must be reversed.
The facts are not in dispute. While operating a machine in the course of his employment, claimant turned to a co-worker nearby and…
2Cases cited7 opinions
- Wolfe v. Sibley Lindsay & Curr Co.New York Court of Appeals · 1975
- Claim of Currie v. Town of DavenportNew York Court of Appeals · 1975
- Claim of Haydel v. SearsAppellate Division of the Supreme Court of the State of New York · 1984
- Hennige v. Fairview Fire DistrictAppellate Division of the Supreme Court of the State of New York · 1984
- Claim of Lin v. Burroughs Corp.Appellate Division of the Supreme Court of the State of New York · 1980
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- MATTER OF WOOD v. Laidlaw Tr.New York Court of Appeals · 1990
- Claim of Velazquez v. Triborough Bridge & Tunnel AuthorityAppellate Division of the Supreme Court of the State of New York · 1989
- Claim of Everett v. A. S. Steel Rule Die Corp.New York Court of Appeals · 1985
- Claim of Hernandez v. Domino Sugar Corp.Appellate Division of the Supreme Court of the State of New York · 1997
- Matter of Demperio v. Onondaga CountyAppellate Division of the Supreme Court of the State of New York · 2015
1 more not listed; retrieve them via the Exa API.