TIMPERIO v. BRONX-LEBANON HOSP.

No. 46.

2024 NY Slip Op 02723

JUSTIN TIMPERIO, Respondent, v. BRONX-LEBANON HOSPITAL, ET AL., Appellants. WORKERS' COMPENSATION BOARD, Appellant.

Court of Appeals of New York.

Decided May 16, 2024.


Attorney(s) appearing for the Case

Sarah L. Rosenbluth , for appellant New York State Workers Compensation Board.

Caryn L. Lilling , for appellants Bronx-Lebanon Hospital et al.

Arnold N. Kriss , for respondent Justin Timperio.


In this appeal, we clarify the operation of the rebuttable presumption set forth in Workers' Compensation Law § 21(1), which provides that when an injury arises in the course of a worker's employment, it is presumed to arise out of that worker's employment and therefore is compensable, absent substantial evidence to the contrary...

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