MATTER OF BATES v. MARINE MIDLAND BANK


256 A.D.2d 948 (1998)

682 N.Y.S.2d 282

In the Matter of the Claim of LEROY BATES, Respondent, v. MARINE MIDLAND BANK et al., Appellants. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided December 24, 1998.


Mercure, J. P.

Claimant, a bank recovery adjuster, developed a herniated disc as a result of cradling a telephone with his neck while simultaneously working at a computer terminal which was positioned eight inches below eye level. Finding that cradling the telephone was inherent in claimant's employment, the Workers' Compensation Board determined that claimant suffered from an occupational disease and awarded benefits on that basis. The employer and its workers' compensation...

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