Legal Opinion

Claim of Mammarello v. Hubbs & Howe Co.

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

Decided August 29, 1991PublishedCited by 1 opinion

1Opinion of the Court

— Appeals from a decision and an amended decision of the Workers’ Compensation Board, filed January 3, 1990 and October 9, 1990, which, inter alia, ruled that claimant sustained a causally related disability.

*969The Workers’ Compensation Board concluded that claimant’s repeated lifting while loading and unloading the truck he drove for the employer acted upon his quiescent arthritic back condition and that, on June 18, 1984, it precipitated a disability that had not previously existed. This conclusion was based primarily on the testimony of claimant and his physician and it was within the Board’s…

2Cases cited4 opinions

  1. Smith v. AerospaceAppellate Division of the Supreme Court of the State of New York · 1987
  2. Claim of Film v. Holmes TransportationAppellate Division of the Supreme Court of the State of New York · 1989
  3. Claim of Falcone v. Western Electric Co.Appellate Division of the Supreme Court of the State of New York · 1979
  4. Claim of Gaylord v. Ronald Gaylord, Inc.Appellate Division of the Supreme Court of the State of New York · 1982

3Cited by1 opinion

  1. Claim of Glasheen v. New York State DepartmentAppellate Division of the Supreme Court of the State of New York · 1997

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