MATTER OF KEENAN v. PINNACLE ENTERPRISES, LTD.


37 A.D.3d 922 (2007)

830 N.Y.S.2d 373

In the Matter of the Claim of JOHN KEENAN, Appellant, v. PINNACLE ENTERPRISES, LTD., et al., Respondents. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided February 8, 2007.


Rose, J.

Claimant, a laborer, ceased working for his employer of two years in May 2002 when he began experiencing back pain. One month later, he submitted an application for disability benefits in which he averred that his disability was due to a disc herniation that occurred at home while he was coughing, and his chiropractor indicated that his disability was not an occupational disease arising out of and in the course of his employment. As a result of that application...

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