Legal Opinion

Claim of Hogan v. Hilltop Manor of Niskayuna

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

Decided March 6, 2003PublishedCited by 10 opinions

1Opinion of the Court

—Cardona, P.J.

Appeal from a decision of the Workers’ Compensation Board, filed January 4, 2002, as amended by decision filed January 10, 2002, which apportioned one half of claimant’s disability to a preexisting condition.

Claimant began her position as a respiratory therapist with the employer in October 1998. Her last day of employment was November 25, 1999 when she sustained a back injury while lifting a patient. Prior to this incident, claimant experienced some discomfort from an “achy low back problem” and sought treatment from a chiropractor in March 1997. Although claimant testified…

2Cases cited5 opinions

  1. Claim of Krebs v. Town of IthacaAppellate Division of the Supreme Court of the State of New York · 2002
  2. Claim of Bruno v. Kelly Temp ServiceAppellate Division of the Supreme Court of the State of New York · 2003
  3. Claim of August v. Chromalloy R & TAppellate Division of the Supreme Court of the State of New York · 1997
  4. Claim of Montana v. Orion Bus IndustriesAppellate Division of the Supreme Court of the State of New York · 2003
  5. Claim of Peziol v. Vaw of AmericaAppellate Division of the Supreme Court of the State of New York · 1997

3Cited by10 opinions

  1. Matter of Levitsky v. Garden Time, Inc.Appellate Division of the Supreme Court of the State of New York · 2015
  2. Nye v. IBM Corp.Appellate Division of the Supreme Court of the State of New York · 2003
  3. Claim of Johnson v. Feinberg-Smith Associates, Inc.Appellate Division of the Supreme Court of the State of New York · 2003
  4. Claim of Montana v. Orion Bus IndustriesAppellate Division of the Supreme Court of the State of New York · 2003
  5. Matter of Lattanzio v. Consolidated Edison of NYAppellate Division of the Supreme Court of the State of New York · 2015

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