MATTER OF PALUMBO v. MEDI-BUS, INC.


254 A.D.2d 553 (1998)

678 N.Y.S.2d 800

In the Matter of the Claim of William Palumbo, Sr., Appellant, v. Medi-Bus, Inc., et al., Respondents. Workers' Compensation Board, Respondent

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

October 15, 1998


Substantial evidence supports the decision of the Workers' Compensation Board that claimant did not sustain a compensable injury. At the hearing, claimant, an ambulette driver, produced an incident report stating that he strained his lower back while transporting a 256-pound patient from her hospital bed to her wheelchair. Claimant testified that he filed the incident report with the employer based upon the advice of his immediate supervisor. However, the supervisor and the...

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