Legal Opinion

Claim of Montana v. Orion Bus Industries

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

Decided March 6, 2003PublishedCited by 6 opinions

1Opinion of the Court

—Cardona, P.J.

Appeal from a decision of the Workers’ Compensation Board, filed February 8, 2002, which ruled, inter alia, that claimant’s workers’ compensation award be apportioned 90% to a preexisting condition and 10% to a work-related injury.

Claimant worked as an assembler for a bus manufacturer. On July 14, 1998, he was standing on a stool counting parts within bins when they began to slide. As he leaned forward to prevent them from falling to the floor, he injured his back. He stopped working thereafter and filed a claim for workers’ compensation benefits. Prior to this injury, claimant…

2Cases cited4 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 Hogan v. Hilltop Manor of NiskayunaAppellate Division of the Supreme Court of the State of New York · 2003
  4. Claim of Knouse v. MillshoeAppellate Division of the Supreme Court of the State of New York · 1999

3Cited by6 opinions

  1. Claim of Hogan v. Hilltop Manor of NiskayunaAppellate Division of the Supreme Court of the State of New York · 2003
  2. Claim of Johnson v. Feinberg-Smith Associates, Inc.Appellate Division of the Supreme Court of the State of New York · 2003
  3. Matter of Diamond v. Warren County Sheriff's OfficeAppellate Division of the Supreme Court of the State of New York · 2022
  4. Claim of Morin v. Town of Lake LuzerneAppellate Division of the Supreme Court of the State of New York · 2012
  5. Claim of Morin v. Town of Lake LuzerneAppellate Division of the Supreme Court of the State of New York · 2012

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