MATTER OF BISHOP v. REMLAP CONSTR.


181 A.D.2d 938 (1992)

In the Matter of the Claim of Bob G. Bishop, Respondent, v. Remlap Construction et al., Appellants, and Special Funds Conservation Committee, Respondent. Workers' Compensation Board, Respondent

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

March 5, 1992


The medical evidence presented establishes that, prior to his injury of August 5, 1988, claimant had a congenital narrowing of his spinal canal in the lower portion of his back. Although the medical evidence also reveals that this condition made claimant's injury materially worse, it cannot be said on this record that the Workers' Compensation Board erred in failing to find that the congenital condition "[was] or [was] likely to be a hindrance or obstacle to employment" ...

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