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IN THE MATTER OF LUMIA v. CITY OF NEW YORK

21 A.D.3d 600 (2005)

799 N.Y.S.2d 644

In the Matter of the Claim of JAMES P. LUMIA, Appellant, v. CITY OF NEW YORK, OFFICE OF QUEENS BOROUGH PRESIDENT, Respondent. WORKERS' COMPENSATION BOARD, Respondent.

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

August 4, 2005.

Peters, J.

Claimant was employed as a community assistant with the Queens Borough President's office. He had the responsibility to, among other things, deliver packages, move furniture, lift boxes and set up for meetings. In November 1996, after approximately eight years in this position, he began to experience back pain. Claimant went to his physician, Santo Basileo, who, after a second visit, ordered an MRI. It revealed herniated and bulging discs, warranting Basileo...

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