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Claim of Baskerville v. J.J. Keenan Construction Corp.

Citations: 245 A.D.2d 906; 666 N.Y.S.2d 848; 1997 N.Y. App. Div. LEXIS 13582

Court: Appellate Division of the Supreme Court of the State of New York; December 23, 1997; New York; State Appellate Court

Narrative Opinion Summary

An appeal was filed regarding a Workers’ Compensation Board decision from February 13, 1997, which denied the claimant's request for workers’ compensation benefits, ruling that he did not sustain a causally related disability. The claimant had previously received benefits for a work-related back injury from November 1990 to March 1991. In April 1993, he sustained another back injury while shoveling snow at home and sought benefits, asserting that this injury was related to the 1990 injury. The Board found no connection between the two injuries and denied the claim. The decision was upheld based on substantial evidence, particularly testimony from two physicians indicating no nexus between the 1993 and 1990 injuries. The ruling was affirmed without costs, with all judges concurring.

Legal Issues Addressed

Causal Relationship in Workers' Compensation Claims

Application: The Board concluded there was no causal relationship between the claimant's prior work-related injury and the subsequent injury sustained at home.

Reasoning: The claimant had previously received benefits for a work-related back injury from November 1990 to March 1991. In April 1993, he sustained another back injury while shoveling snow at home and sought benefits, asserting that this injury was related to the 1990 injury.

Judicial Concurrence in Workers' Compensation Appeals

Application: The appellate decision was affirmed without costs, indicating unanimous agreement among the judges.

Reasoning: The ruling was affirmed without costs, with all judges concurring.

Substantial Evidence Standard

Application: The decision to deny the claim was upheld based on substantial evidence presented, particularly the testimony of two physicians.

Reasoning: The decision was upheld based on substantial evidence, particularly testimony from two physicians indicating no nexus between the 1993 and 1990 injuries.

Workers' Compensation Claim Denial

Application: The Workers' Compensation Board denied the claimant's request for benefits, determining that the injury did not arise from a work-related activity.

Reasoning: An appeal was filed regarding a Workers’ Compensation Board decision from February 13, 1997, which denied the claimant's request for workers’ compensation benefits, ruling that he did not sustain a causally related disability.