Legal Opinion

Claim of Susi v. Bermil Contracting Co.

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

Decided December 17, 1998Published

1Opinion of the CourtMercure, J.

Appeal from a decision of the Workers’ Compensation Board, filed March 10, 1997, which ruled that the death of claimant’s decedent was not causally related to a prior compensable accident and denied her claim for workers’ compensation death benefits.

Claimant’s decedent suffered a compensable knee injury in 1980 and was awarded workers’ compensation benefits based upon a permanent partial disability. In 1990, decedent was standing on a ladder repairing a window sill on the second *827floor of his home when he cried out in pain that his leg hurt and fell to the ground, sustaining fatal injuries.…

2Cases cited3 opinions

  1. Claim of Sullivan v. B & a Construction, Inc.New York Court of Appeals · 1954
  2. Claim of Barre v. Roofing & Flooring, Inc.Appellate Division of the Supreme Court of the State of New York · 1981
  3. Pellerin v. New York State Department of CorrectionAppellate Division of the Supreme Court of the State of New York · 1995

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