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IN THE MATTER OF McCORMACK v. EASTPORT MANOR CONSTRUCTION

19 A.D.3d 826 (2005)

796 N.Y.S.2d 748

In the Matter of the Claim of MICHAEL McCORMACK, Appellant, v. EASTPORT MANOR CONSTRUCTION et al., Respondents. WORKERS' COMPENSATION BOARD, Respondent.

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

June 16, 2005.

Crew III, J.P.

Claimant suffered a work-related accident in May 2001 when he was thrown from the vehicle he was operating and injured, among other things, his head, neck and lower back. At the initial hearing conducted in this matter in April 2002, claimant was asked whether he had returned to work "in any capacity" since the underlying accident, and claimant responded in the negative. Clarifying the phrase "in any capacity," counsel for the employer and the workers...

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