Claim of Cortese v. Rochester Products Division, G.M.C.
Opinion of the Court
— Appeal from decisions of the Workers’ Compensation Board, filed April 30, 1981 and November 6, 1981. Approximately one month after transfer to another work assignment involving the lifting of heavy carburetors, claimant experienced pains in her leg eventually radiating to her back which culminated in her inability to get out of bed on October 17, 1977. She orally notified her foreman and immediately sought medical care, including a myelogram which disclosed a herniated intervertebral disc requiring a laminectomy. The self-insured employer appeals decisions of the board which, after remittal for further development of the record, held that claimant sustained a compensable injury and excused claimant’s failure to give timely statutory notice to her employer. The employer urges that there is no evidence of an incident specifically identifiable in space and time which caused injury to claimant’s back (see Matter of Lerner v Rump Bros., 241 NY 153,155; Matter of Bruzdowski v Coleco Inds., 30 AD 2d 886). We disagree. Whether a particular occurrence constitutes an industrial accident is determined, not by any legal definition, but by the commonsense viewpoint of the average man (Matter of Klimas v Trans Caribbean Airways, 10 NY2d 209, 216). In addition, the concept of time-definiteness required of an accident can relate to either the cause or the result, so that there can be a compensable accident in a repetitive trauma case “culminating in a relatively sudden collapse” (Matter of Middleton v Coxsackie Correctional Facility, 38 NY2d 130, 135; Matter of Greer v Green Is. Contr. Corp., 54 AD2d 996; Matter of Greensmith v Franklin Nat.
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