Appellate Division of the Supreme Court of New York, 1994

Claim of Ziskind v. Green Thumb Spray Corp.

Claim of Ziskind v. Green Thumb Spray Corp.
Appellate Division of the Supreme Court of New York · Decided September 15, 1994
207 A.D.2d 933; 616 N.Y.S.2d 265; 1994 N.Y. App. Div. LEXIS 8809
Claim of Ziskind v. Green Thumb Spray Corp.

Opinion of the Court

—Appeal from a decision of the Workers’ Compensation Board, filed April 9, 1993.

We affirm. Claimant did not appeal from the Board’s substantive decision finding no causal relationship for a claimed neck injury but instead chose to appeal only from the decision *934denying reconsideration of that determination. It is well settled that the Board’s decision to deny an application for reconsideration may not be disturbed unless it was arbitrary and capricious or an abuse of discretion. Here, we find no evidence that the Board’s decision is irrational, especially in the absence of any showing that there are additional facts or new information which were previously unavailable for the Board’s consideration.

Cardona, P. J., Mikoll, Crew III, Weiss and Yesawich Jr., JJ., concur. Ordered that the decision is affirmed, without costs.

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