Claim of Lopez v. New York City Housing Authority
This case involves an appeal from a decision of the Workers’ Compensation Board, which found that the claimant sustained an occupational hernia. The claimant initially filed a claim in 1976 for an injury on July 12, 1973, which was dismissed by a referee due to the two-year limitation under section 28 of the Workers’ Compensation Law. Subsequently, the claimant filed a new claim, and a referee found an occupational disease and causal relationship for an incisional hernia, setting the disablement date as January 19, 1976. The employer and carrier appealed, arguing that the first dismissal was res judicata. The board affirmed the referee's decision, citing its broad powers of continuing jurisdiction under section 123 of the Workers’ Compensation Law. The court affirmed the board's determination, finding substantial medical evidence supporting the conclusion that heavy lifting and bending led to the occupational hernia.