MATTER OF MONTANA v. ORION BUS INDUSTRIES


303 A.D.2d 820 (2003)

756 N.Y.S.2d 346

In the Matter of the Claim of ROBERT MONTANA, Appellant, v. ORION BUS INDUSTRIES et al., Respondents. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided March 6, 2003.


Cardona, P.J.

Claimant worked as an assembler for a bus manufacturer. On July 14, 1998, he was standing on a stool counting parts within bins when they began to slide. As he leaned forward to prevent them from falling to the floor, he injured his back. He stopped working thereafter and filed a claim for workers' compensation benefits. Prior to this injury, claimant was intermittently treated for chronic back pain, and medical proof indicated that he suffered from...

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