Legal Opinion

Claim of Garcia v. Brassiere Restaurant

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

Decided December 14, 1978PublishedCited by 2 opinions

1Opinion of the Court

Appeal from a decision of the Workers’ Compensation Board, filed April 16, 1976, and a supplemental decision filed August 8, 1977, which relieved the Special Fund from liability. On August 11, 1970, claimant, who had a pre-existing brain condition known to the employer, sustained a lacerated scalp at work when a small piece of ceiling fell a short distance, striking him in the head. He was treated and released from a hospital where X rays were negative. Subsequently, claimant began to exhibit signs of cerebellar degeneration and he never returned to work. He is permanently and totally…

2Cases cited2 opinions

  1. Claim of Saletta v. Allegheny Ludlum Steel Corp.Appellate Division of the Supreme Court of the State of New York · 1978
  2. Claim of Shirley v. Triangle Maintenance Corp.Appellate Division of the Supreme Court of the State of New York · 1973

3Cited by2 opinions

  1. Norris v. Iowa Beef Processors, Inc.Nebraska Supreme Court · 1987
  2. Claim of Pellegrino v. Textile Prints Corp.Appellate Division of the Supreme Court of the State of New York · 1981

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