MATTER OF DARLING v. TRANSPORT DRIVERS, INC.


35 A.D.3d 945 (2006)

824 N.Y.S.2d 806

In the Matter of the Claim of STUART DARLING, Appellant, v. TRANSPORT DRIVERS, INC., et al., Respondents. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided December 7, 2006.


Peters, J.

Claimant, a truck driver for over 25 years, began experiencing neck pain in approximately 1998. Between that time and September 2003, he sought medical attention from multiple physicians, none of whom determined that his injury was causally related to his employment. In October 2003, claimant, maintaining that his neck problem was the result of an occupational disease, retained counsel to represent him in his claim for workers' compensation benefits. Claimant...

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