Law Offices of
DANIEL CIMINELLI
Workmen's Compensation Law Firm
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MANDATORY FULL BOARD REVIEW
FULL BOARD MEMORANDUM OF DECISION
Date of Filing of Decision: 01/23/2015
"'[T]o be compensable under the Workers' Compensation Law, [an accidental injury] must have arisen both out of and in the course of employment' (Matter of Thompson v New York Tel. Co., 114 AD2d 639 [1985]; see Workers' Compensation Law 10) . . . Accidents arising 'in the course of' employment are presumed to arise 'out of' such employment, and this presumption can only be rebutted by substantial evidence to the contrary (seeWorkers' Compensation Law 21; Matter of Van Horn v Red Hook Cent. School, 75 AD2d 669 [1980])" (Matter
Law Office of
Daniel Ciminelli
3717 Seneca Street
West Seneca, NY
14224
Phone: (716) 674-2667
MANDATORY FULL BOARD REVIEW
FULL BOARD MEMORANDUM OF DECISION
Date of Filing of Decision: 01/23/2015
The claimant's medical evidence shows that he promptly sought treatment the day after the accident and that Dr. Bonamo diagnosed causally related left knee symptoms within two weeks of the accident.
The Full Board finds that although the SIE presented a contrary medical opinion from its consultant, Dr. Semble, the claimant's medical evidence and his credible testimony support the WCLJ's establishment of the case for a January 22, 2013, exacerbation of a prior left knee injury.
Law Offices of Daniel Ciminelli * 3717 Seneca Street, West Seneca, NY 14224 * (716) 674-2667
Buffalo Workers Compensation Lawyer
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