Legal Opinion
Matter of Phelan v. Bethpage State Park, New York State Department of Parks & Recreation
Appellate Division of the Supreme Court of the State of New York
Decided March 26, 2015No. 519016PublishedCited by 13 opinions
1Opinion of the CourtLynch, J.
Appeal from a decision of the Workers’ Compensation Board, filed August 14, 2013, which ruled that claimant did not sustain a causally related occupational disease and denied his claim for workers’ compensation benefits.
Claimant worked outdoors performing maintenance and grounds keeping at a state park for over 35 years. In February 2010, he developed a diabetic ulceration with a secondary formation of osteomyelitis, described as an infection in the bone, near the first metatarsal head of the right foot, which required surgery and, later, partial amputation of his right foot. Claimant stopped…
2Cases cited4 opinions
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