Appellate Division of the Supreme Court of New York, 1981

Claim of Murtagh v. St. Theresa's Nursing Home, Inc.

Appellate Division of the Supreme Court of New York · Decided October 8, 1981

84 A.D.2d 587; 444 N.Y.S.2d 203; 1981 N.Y. App. Div. LEXIS 15689

Cases that cite this one

8 later published cases cite this decision.

Claim of Nizich v. Robert F. Barreca, Inc. (Appellate Division of the Supreme Court of New York 1982)
Claim of Walker v. Fred H. Low & Son, Inc. (Appellate Division of the Supreme Court of New York 1989)
Claim of Evans v. Great Eastern Lumber Co. (Appellate Division of the Supreme Court of New York 1988)
Claim of Kapogiannis v. Vassar College (Appellate Division of the Supreme Court of New York 1988)
Doner v. Syracuse China Corp. (Appellate Division of the Supreme Court of New York 1986)
Levine v. United Parcel Service (Appellate Division of the Supreme Court of New York 1986)
Claim of Cossingham v. Bunkoff Construction Co. (Appellate Division of the Supreme Court of New York 1982)
Claim of Boscaino v. Montefiore Medical Center (Appellate Division of the Supreme Court of New York 1982)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Appeal from a decision of the Workers’ Compensation Board, filed February 21,1980, as amended by decision filed July 28,1980. The sole issue on this appeal is whether there is substantial evidence to support the board’s finding that subsequent to September 19, 1977 claimant was totally disabled due to a work-related back injury. We find such support in the record as a whole and, in particular, in the testimony of Dr. Ralston that claimant’s condition remained unchanged during the period September 19, 1977 to January 23, 1978 and the opinion of Dr. de Ramon that when he examined claimant on February 17, 1978 she was totally disabled due to the work-related back injury. We also note that claimant received a series of uncontested awards for total and partial disability prior to September 19, 1977, related to the back injury. The board was free to accept or reject the whole or any part of the offered medical evidence (Matter of Buttery v International Paper Co., 47 AD2d 687). The conflicting medical opinions as to whether claimant was in fact disabled from her work-related back injury presented a *588question of fact for the board to resolve, and, if supported by substantial evidence, the board’s determination must be affirmed. (Matter of Baldassari v Greenwich Mills Co., 65 AD2d 839). In our view, there is substantial evidence to support the board’s decision here (cf. Matter of Mercio v Globe Protection, 74 AD2d 682). Decision affirmed, with costs to the Workers’ Compensation Board. Mahoney, P. J., Sweeney, Kane, Casey and Weiss, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.