Legal Opinion

Claim of Hargraves v. Dormann Library

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

Decided May 26, 2005PublishedCited by 6 opinions

1Opinion of the CourtCardona, P.J.

Appeal from a decision of the Workers’ Compensation Board, filed April 1, 2004, which ruled that claimant’s permanent partial disability was casually related to a prior work-related injury and apportionment was not warranted.

Claimant was born with a condition diagnosed as spina bifida. In January 1999, she sustained a lower back injury while lifting heavy boxes at work and filed a claim for workers’ compensation benefits. Following a hearing, a Workers’ Compensation Law Judge, among other things, established the case for benefits *1106and found that apportionment due to claimant’s preexisting…

2Cases cited6 opinions

  1. Claim of Bruno v. Kelly Temp ServiceAppellate Division of the Supreme Court of the State of New York · 2003
  2. Claim of Paradise v. Goulds PumpAppellate Division of the Supreme Court of the State of New York · 2004
  3. Nye v. IBM Corp.Appellate Division of the Supreme Court of the State of New York · 2003
  4. Claim of Peck v. Village of GouverneurAppellate Division of the Supreme Court of the State of New York · 2005
  5. Claim of Bruse v. Holiday InnAppellate Division of the Supreme Court of the State of New York · 2005

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3Cited by6 opinions

  1. Claim of Kestler v. Old Castle Callanan Industries, Inc.Appellate Division of the Supreme Court of the State of New York · 2007
  2. Claim of Neal v. Blue Circle CementAppellate Division of the Supreme Court of the State of New York · 2006
  3. Sattanino v. Sanitary District Number 6Appellate Division of the Supreme Court of the State of New York · 2009
  4. Claim of Mallette v. Flattery'sAppellate Division of the Supreme Court of the State of New York · 2013
  5. Claim of Mallette v. Flattery'sAppellate Division of the Supreme Court of the State of New York · 2013

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