Claim of A'Gard v. Major Builders Corp.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtRose, J.
Appeal from a decision of the Workers’ Compensa*520tion Board, filed June 29, 1998, which ruled that claimant failed to establish a claim for consequential diabetes and obesity.
Claimant sustained a back injury on October 31, 1986 which resulted in a permanent partial disability and an award of workers’ compensation benefits. At the time of the accident, claimant, who is just over six feet tall, weighed at least 250 pounds and, within three months of the accident, weighed 300 pounds. Claimant’s own physician subsequently testified that 184 pounds was the normal or average weight for a person of…
2Cases cited2 opinions
- Claim of Spoerl v. Armstrong Pumps, Inc.Appellate Division of the Supreme Court of the State of New York · 1998
- Claim of Gorkin v. Gorkin's Meat MarketAppellate Division of the Supreme Court of the State of New York · 1969