Legal Opinion
Claim of Neal v. Blue Circle Cement
Appellate Division of the Supreme Court of the State of New York
Decided April 27, 2006PublishedCited by 2 opinions
1Opinion of the CourtMercure, J.
Appeal from a decision of the Workers’ Compensation Board, filed December 31, 2004, which ruled, inter alia, that claimant’s injury was an aggravation of a prior compensable injury.
Claimant, a laborer for a cement manufacturing company, suffered a compensable back injury when he was struck by a yard train in November 1998. Claimant was out of work for eight months and then returned to full-duty work. In January 2002, claimant injured his back while picking up a bag of cement. A workers’ compensation law judge (hereinafter WCLJ) conducted a hearing to address numerous issues on claimant’s…
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