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On August 22, 2013, a claimant purportedly fell from a ladder, injuring his back, but did not file an incident report. He later collapsed at home, and medical notes from his emergency room visit indicated a fall at home. His orthopedic surgeon initially did not link the back condition to a work-related fall. The claimant filed for workers' compensation benefits, but the employer and its carrier controverted the claim, arguing the injury did not arise out of and in the course of employment. A Workers’ Compensation Law Judge disallowed the claim, a decision affirmed by the Workers’ Compensation Board. The appellate court affirmed the Board's decision, deferring to its credibility determination and finding substantial evidence that the injury was not work-related.
Matter of Ciullo v. Gordon L. Seaman Inc. is a workers' compensation case decided in Appellate Division of the Supreme Court of the State of New York. This case addresses legal issues related to compensation claims, benefits, and court rulings.
It is commonly referenced in legal research involving workers' compensation laws in Appellate Division of the Supreme Court of the State of New York.
Full Decision Text1 Pages
On August 22, 2013, a claimant purportedly fell from a ladder, injuring his back, but did not file an incident report. He later collapsed at home, and medical notes from his emergency room visit indicated a fall at home. His orthopedic surgeon initially did not link the back condition to a work-related fall. The claimant filed for workers' compensation benefits, but the employer and its carrier controverted the claim, arguing the injury did not arise out of and in the course of employment. A Workers’ Compensation Law Judge disallowed the claim, a decision affirmed by the Workers’ Compensation Board. The appellate court affirmed the Board's decision, deferring to its credibility determination and finding substantial evidence that the injury was not work-related.
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