3 No. 90
In the Matter of Anne Leggio,
Respondent,
v.
Suffolk County Police Department,
Appellant, Workers' Compensation Board,
Respondent.
_________________________________________________________________
2001 NY Int. 77
June 14, 2001
This memorandum is uncorrected and subject to revision before
publication in the New York Reports.
Submitted by Richard Guttentag, for appellant.
Submitted by Richard J. Brandenstein, for individual respondent.
_________________________________________________________________
_________________________________________________________________
MEMORANDUM:
The decision of the Workers' Compensation Board awarding benefits and
the order of the Appellate Division brought up for review should be
reversed, with costs, and the matter remitted to the Appellate
Division for consideration of issues raised but not determined on the
appeal to that court.
Claimant, a former 911 operator, filed a claim for workers'
compensation benefits, alleging that work-related stress caused her to
suffer depression and ultimately leave her job. The Workers'
Compensation Board determined that claimant did not sustain an
accidental work-related injury because the stress she was exposed to
as a result of the rotating-shift schedule was not more than that
normally encountered in the workplace (see, Workers' Compensation Law
§ 2(7)). The Appellate Division divided on whether substantial
evidence supports the Board's determination, three Justices concluding
it does not and two that it does.(1) We agree with the dissenting
Justices that the Board's determination is supported by substantial
evidence and is therefore binding on the courts (see, Matter of Hill v
Thompson, , 61 NY2d 1018, 1019).
Decision appealed from and order of the Appellate Division brought up
for review reversed, with costs, and matter remitted to the Appellate
Division, Third Department, for consideration of issues raised but not
SNIPPETS:
In the Matter of Anne Leggio, Respondent, v. Suffolk County Police Department, Appellant,
This memorandum is uncorrected and subject to revision before publication in the New York
Submitted by Richard Guttentag, for appellant.
The decision of the Workers' Compensation Board awarding benefits and the order of the
Claimant, a former 911 operator, filed a claim for workers' compensation benefits, alleging
The Workers' Compensation Board determined that claimant did not sustain an accidental
The Appellate Division divided on whether substantial evidence supports the Board's
Decision appealed from and order of the Appellate Division brought up for review reversed,
Chief Judge Kaye and Judges Smith, Levine, Ciparick, Wesley, Rosenblatt and Graffeo concur.
Footnotes
This appeal brings up for review the Appellate Division order reversing the determination of
the Board subsequently concluded that claimant had a work-related injury and awarded benefits.
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