Legal Opinion

Claim of Smith v. Waterview Nursing Home

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

Decided December 9, 2004PublishedCited by 4 opinions

1Opinion of the CourtMugglin, J.

Appeal from a decision of the Workers’ Compensation Board, filed January 16, 2003, which ruled that claimant had voluntarily withdrawn from employment and denied her further workers’ compensation benefits.

Claimant, a 63-year-old nurse’s aide, sustained multiple injuries on February 24, 1999 when she was kicked by a patient. She filed a claim for workers’ compensation benefits and a Workers’ Compensation Law Judge established her case for work-related injuries to her back, head and neck. Thereafter, she was evaluated by various physicians, including the physician for the *745employer’s workers’…

2Cases cited3 opinions

  1. Claim of Testani v. Aramark ServicesAppellate Division of the Supreme Court of the State of New York · 2003
  2. Claim of Hatter v. New Venture GearAppellate Division of the Supreme Court of the State of New York · 2003
  3. In re the Claim of MooringAppellate Division of the Supreme Court of the State of New York · 2004

3Cited by4 opinions

  1. Claim of Blair v. Queens Borough Public LibraryAppellate Division of the Supreme Court of the State of New York · 2006
  2. Browne v. Medford MulticareAppellate Division of the Supreme Court of the State of New York · 2011
  3. Matter of Canela (Sky Chefs, Inc.)Appellate Division of the Supreme Court of the State of New York · 2021
  4. Claim of Soop v. Borg Warner AutomotiveAppellate Division of the Supreme Court of the State of New York · 2005

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