Claim of Bates v. Marine Midland Bank
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Mercure, J. P.
Appeal from a decision of the Workers’ Compensation Board, filed August 5, 1997, which ruled that claimant sustained a causally related occupational disease and awarded workers’ compensation benefits.
Claimant, a bank recovery adjuster, developed a herniated disc as a result of cradling a telephone with his neck while simultaneously working at a computer terminal which was positioned eight inches below eye level. Finding that cradling the telephone was inherent in claimant’s employment, the Workers’ Compensation Board determined that claimant suffered from an occupational disease…
2Cases cited7 opinions
- Matter of Goldberg v. 954 Marcy Corp.New York Court of Appeals · 1938
- Mack v. County of RocklandNew York Court of Appeals · 1988
- Claim of Paider v. Park East MoversNew York Court of Appeals · 1967
- Bryant v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1998
- Winn v. Hudson Valley Equine CenterAppellate Division of the Supreme Court of the State of New York · 1995
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3Cited by17 opinions
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- Claim of Currier v. Manpower, Inc.Appellate Division of the Supreme Court of the State of New York · 2001
- Claim of Lumia v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2005
- In re the Claim of Engler v. United Parcel ServiceAppellate Division of the Supreme Court of the State of New York · 2003
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