MIANO v. CATERPILLAR TRACTOR CO.


184 A.D.2d 807 (1992)

Gary Miano, Respondent-Appellant, v. Caterpillar Tractor Company, Appellant-Respondent

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

June 4, 1992


Casey, J.

Plaintiff, who suffers from ankylosing spondylitis, a form of arthritis, was placed on long-term disability by defendant in September 1981 because he could not do the lifting and bending required by his job. He was examined by his physician in October 1985, who certified that plaintiff's arthritic condition was in complete remission and that plaintiff could return to work. Plaintiff thereafter spoke with defendant's physician, who expressed...

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