Claim of Algeri v. Brady & Gioe, Inc.

Appellate Division of the Supreme Court of New York

Claim of Algeri v. Brady & Gioe, Inc.

255 A.D. 907, 7 N.Y.S.2d 812, 1938 N.Y. App. Div. LEXIS 5827

CourtAppellate Division of the Supreme Court of the State of New York

DecidedNovember 16, 1938

StatusPublished

This text of 255 A.D. 907 (Claim of Algeri v. Brady & Gioe, Inc.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Claim of Algeri v. Brady & Gioe, Inc., 255 A.D. 907, 7 N.Y.S.2d 812, 1938 N.Y. App. Div. LEXIS 5827 (N.Y. Ct. App. 1938).

Pincite

Opinion

This is an appeal by the claimant from a decision of the State Industrial Board disallowing additional compensation on the ground that the claimant failed to establish by competent or credible evidence causal relation between the accident and the alleged subsequent disability. The claimant introduced no medical evidence of causal relation at any of the hearings or following the reopening of his claim, relying solely on the testimony of the attending physician, Dr. Baldovin. His report was contradicted by sworn testimony of two doctors. Therefore, as a matter of law, claimant failed to establish his claim. One member of the State Industrial Board is empowered to act for the Board in a review of a referee’s decision. (Labor Law, § 27; Workmen’s Comp. Law, § 127; Id. § 22.) Decision unanimously affirmed. Present — Hill, P. J., McNamee, Crapser, Bliss and Heffeman, JJ.

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This is an appeal by the claimant from a decision of the State Industrial Board disallowing additional compensation on the ground that the claimant failed to establish by competent or credible evidence causal relation between the accident and the alleged subsequent disability. The claimant introduced no medical evidence of causal relation at any of the hearings or following the reopening of his claim, relying solely on the testimony of the attending physician, Dr. Baldovin. His report was contradicted by sworn testimony of two doctors. Therefore, as a matter of law, claimant failed to establish his claim. One member of the State Industrial Board is empowered to act for the Board in a review of a referee’s decision. (Labor Law, § 27; Workmen’s Comp. Law, § 127; Id. § 22.) Decision unanimously affirmed. Present — Hill, P. J., McNamee, Crapser, Bliss and Heffeman, JJ.

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Bluebook (online)

255 A.D. 907, 7 N.Y.S.2d 812, 1938 N.Y. App. Div. LEXIS 5827, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-algeri-v-brady-gioe-inc-nyappdiv-1938.