Rivelli v. MH & W Corp.

The opinion of the court was delivered by

STERN, P.J.A.D.

Respondent-employer1 (“employer”), MH & W Corporation, appeals from an order entered on July 26, 2004, determining “that the Respondent is obligated to pay for Petitioner’s prescription of Lipitor.”2

On November 6, 1996, petitioner sustained an orthopedic injury “arising out of and in the course of his employment” when he *71injured his back while lifting a box. While undergoing physical therapy after back surgery, petitioner developed unstable angina which required aortocoronary bypass graft surgery.

On June 27, 2001, the judge of…