From Casetext: Smarter Legal Research

Matter of Bryant v. City of New York

Appellate Division of the Supreme Court of New York, Third Department
Jul 16, 1998
252 A.D.2d 777 (N.Y. App. Div. 1998)

Opinion

July 16, 1998

Appeal from a decision of the Workers' Compensation Board.


Based upon our review of the record as a whole, we find that there is substantial evidence to support the Workers' Compensation Board's finding that claimant, a word processor, did not suffer from an occupational disease. To establish an occupational disease, claimant was required to demonstrate a "recognizable link" between the, disease from which she allegedly suffers and some distinctive feature of her employment ( see, Matter of Knapp v. Vestal Cent. School Dist., 247 A.D.2d 667, 668). In this regard, the Court of Appeals has emphasized that "[a] `occupational disease' derives from the very nature of the employment, not a specific condition peculiar to the employee's place of work" ( Matter of Mack v. County of Rockland, 71 N.Y.2d 1008, 1009 [emphasis in original]). Here, claimant's proof (at best) establishes that her neck, shoulder and neck ailments stem from the type of chair in which she sat and the physical layout of her work area. As such conditions plainly relate to claimant's particular work area and not the very nature of her employment, we find that the Board properly denied claimant's application for benefits. Claimant's remaining contentions have been examined and found to be lacking in merit.

Mikoll, J.P., Mercure, Yesawich Jr. and Peters, JJ., concur.

Ordered that the decision is affirmed, without costs.


Summaries of

Matter of Bryant v. City of New York

Appellate Division of the Supreme Court of New York, Third Department
Jul 16, 1998
252 A.D.2d 777 (N.Y. App. Div. 1998)
Case details for

Matter of Bryant v. City of New York

Case Details

Full title:In the Matter of the Claim of MERDIE BRYANT, Appellant, v. CITY OF NEW…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Jul 16, 1998

Citations

252 A.D.2d 777 (N.Y. App. Div. 1998)
676 N.Y.S.2d 267

Citing Cases

Yonkosky v. Town of Hamburg

" ‘An occupational disease is a condition which derives from the very nature of the employment and not from…

Matter of Leventer v. Yeshiva of Flatbush

Claimant alleged that the conditions in the room caused her difficulty in breathing and resulted in the…