MATTER OF SAINTEL v. ST. VINCENT'S HOSP.


80 A.D.2d 686 (1981)

In the Matter of the Claim of Poitvien Saintel, Respondent, v. St. Vincent's Hospital et al., Appellants. Workers' Compensation Board, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

February 12, 1981


The issue in this case is whether substantial evidence supports the board's finding that the change in condition of claimant's back was not contemplated at the time of closing on a lump-sum nonschedule adjustment pursuant to subdivision 5-b of section 15 of the Workers' Compensation Law. The claimant had suffered a back injury requiring disc removal surgery. A lump-sum settlement of $11,200 was made and his case was closed on June 4, 1973. A motion was made to reopen the...

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