Legal Opinion

Zamora v. New York Neurologic Associates

New York Court of Appeals

Decided May 1, 2012PublishedCited by 54 opinions

1Opinion of the Court

OPINION OF THE COURT

Pigott, J.

In this appeal we are called upon to decide whether the Workers’ Compensation Board must infer, from the finding that a claimant withdrew from her employment due to an accident at her workplace, that her post-accident loss of wages is attributable to physical limitations caused by the accident. We hold that the Board is not required to draw that inference.

Claimant Rocio Zamora was working as a phlebotomist for New York Neurologic Associates, on January 29, 2003, when a *190computer monitor fell off a shelf and struck her upper back. She suffered a torn tendon in her…

2Cases cited15 opinions

  1. Matter of Jordan v. . Decorative Co.New York Court of Appeals · 1921
  2. Claim of Waters v. William J. Taylor Co.New York Court of Appeals · 1916
  3. Axel v. Duffy-Mott Co.New York Court of Appeals · 1979
  4. Burns v. VarrialeNew York Court of Appeals · 2007
  5. Dudlo v. PlasticsAppellate Division of the Supreme Court of the State of New York · 1986

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3Cited by54 opinions

  1. Matter of Pravato v. Town of HuntingtonAppellate Division of the Supreme Court of the State of New York · 2016
  2. Matter of Delk v. Orange & RocklandAppellate Division of the Supreme Court of the State of New York · 2021
  3. Ballou v. Southworth-Milton, Inc.Appellate Division of the Supreme Court of the State of New York · 2013
  4. Matter of Blanch v. Delta Air LinesAppellate Division of the Supreme Court of the State of New York · 2022
  5. Matter of Watts v. Arnot Ogden Medical CenterAppellate Division of the Supreme Court of the State of New York · 2015

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