Legal Opinion

Claim of Scalo v. C.D. Perry & Sons, Inc.

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

Decided December 12, 2013Published

1Opinion of the CourtLahtinen, J.

Appeal from a decision of the Workers’ Compensation Board, filed September 17, 2012, which denied the request of the employer and its workers’ compensation carrier for reconsideration and/or full Board review.

Claimant filed a claim for workers’ compensation benefits based upon a back injury he sustained while working for the employer in July 2010. The employer controverted the claim asserting that claimant’s injury was not the result of a work-related accident and that any such injury would be subject to apportionment. Following a hearing, a Workers’ Compensation Law Judge found that claimant…

2Cases cited2 opinions

  1. Claim of Drummond v. DesmondAppellate Division of the Supreme Court of the State of New York · 2002
  2. Claim of Greene v. SproatAppellate Division of the Supreme Court of the State of New York · 1963

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