MATTER OF WINNS v. LOCAL 1199 HEALTH & HUMAN SERVICES EMPLOYEES UNION


307 A.D.2d 603 (2003)

762 N.Y.S.2d 536

In the Matter of the Claim of AREATHIA WINNS, Appellant, v. LOCAL 1199 HEALTH & HUMAN SERVICES EMPLOYEES UNION et al., Respondents. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided July 24, 2003.


Mugglin, J.

Claimant's assertion that her employment as a union organizer entailed writing eight to nine hours per day, as well as heavy lifting for up to three hours per day, was refuted by the testimony of the employer's executive vice-president that claimant would fill in 15 to 20 lines on a grievance form twice per month and that claimant did not use a computer or an adding machine in her work. Claimant's treating physician based his opinion that claimant suffered...

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