Legal Opinion

Claim of Gardeski v. Dynamic Auto Body, Inc.

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

Decided July 5, 1984PublishedCited by 3 opinions

1Opinion of the Court

— Appeal from a decision of the Workers’ Compensation Board, filed June 22, 1983, as amended by decision filed December 2, 1983. 11 At issue is whether the record contains substantial evidence to support the board’s finding that claimant sustained an industrial accident within the scope of the Workers’ Compensation Law. According to claimant’s testimony, he injured his right knee when it collapsed while he was stepping out of a truck on his employer’s premises. The employer and its insurance carrier contend that such evidence, in the absence of an explanation for the fall, is insufficient to…

2Cases cited4 opinions

  1. MATTER OF DALY v. Opportunities for Broome, Inc.New York Court of Appeals · 1976
  2. Claim of Fallon v. National Gypsum Co.Appellate Division of the Supreme Court of the State of New York · 1976
  3. Claim of Van Horn v. Red Hook Central SchoolAppellate Division of the Supreme Court of the State of New York · 1980
  4. Claim of Yarter v. S. R. Beltrone, Inc.Appellate Division of the Supreme Court of the State of New York · 1982

3Cited by3 opinions

  1. Claim of Cartwright v. Onondaga News AgencyAppellate Division of the Supreme Court of the State of New York · 2001
  2. Claim of Torio v. Fisher Body Division—General Motors Corp.Appellate Division of the Supreme Court of the State of New York · 1986
  3. Claim of Andrews v. Pinkerton SecurityAppellate Division of the Supreme Court of the State of New York · 2003

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