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Claim of Johnson v. Crosby-Brownlie, Inc.

Citations: 211 A.D.2d 928; 621 N.Y.S.2d 955; 1995 N.Y. App. Div. LEXIS 252

Court: Appellate Division of the Supreme Court of the State of New York; January 11, 1995; New York; State Appellate Court

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An appeal was filed against a decision by the Workers’ Compensation Board dated July 21, 1993, which determined that the claimant did not demonstrate a permanent disability related to a back injury. The claimant had previously received workers’ compensation benefits for a compensable back injury. However, a Workers’ Compensation Law Judge concluded that the claimant had no permanent disability, leading to the closure of the case. The Board upheld this finding, prompting the claimant to appeal. The medical evidence presented supported the Board's conclusion of no permanent disability, while conflicting medical opinions raised only factual questions for the Board to address. The appellate court found substantial evidence backing the Board's decision and affirmed it, with no costs awarded. Judges Cardona, P.J., Mikoll, Crew III, White, and Yesawich Jr. concurred in the decision.